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Terms of Service

September 25, 2023

These Legacy Games Terms of Use, as amended from time to time (“Terms of Use”), are a legal agreement between you and Legacy Interactive, Inc. and any of its respective successors or assigns (“Legacy Games”, “we” or “us”). These Terms of Use apply to your access to and use of the websites, games, software and other products and services (collectively, the “Legacy Games Offerings”) provided by Legacy Games. The Legacy Games Offerings include, without limitation, legacygames.com, any other sites on which these Terms of Use are posted, and the Legacy Games Software (as defined herein).

By clicking a button or tab that signals your acceptance of these Terms of Use or otherwise accessing or using the Legacy Games Offerings, you agree to be bound by these Terms of Use and all terms incorporated herein by reference. If you do not agree to be bound by these Terms of Use, then you may not use or access the Legacy Games Offerings.

Please read these Terms of Use carefully, including the mandatory arbitration provision and class action waiver in Section 26. If you do not wish to be subject to arbitration, you may opt out of the arbitration provision by following the instructions provided in Section 26. If you have any questions about these Terms of Use or our Legacy Games Offerings, please contact us at [email protected]. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy at https://legacygames.com/privacy-policy/.

1. ELIGIBILITY
You must be at least thirteen (13) years of age, or sixteen (16) years of age if you are located in the European Union, to create a Legacy Games Account (as defined below) or to access or use most Legacy Games Offerings.

2. ADDITIONAL TERMS AND AMENDMENTS
Each of your Legacy Games Offering account(s) (each, a “Legacy Games Account”) and participation in any Legacy Games Offerings are governed by these Terms of Use and any applicable additional guidelines, terms or rules that Legacy Games makes available to you or otherwise gives you notice of (the “Supplemental Terms”). The Supplemental Terms are incorporated into these Terms of Use by reference. If there is a conflict between these Terms of Use and any Supplemental Terms, the Supplemental Terms will control for that specific instance of conflict. Supplemental Terms that apply to your use of the Legacy Games Offering include:

1. Legacy Games Rewards Club Terms of Use (LINK)
2. Legacy Games Hero Club Terms of Use (link)

The Legacy Games Offerings are always evolving, so it is important that you periodically check these Terms of Use as well as the Supplemental Terms for updates. Legacy Games reserves the right to change or modify the Terms of Use and the Supplemental Terms at any time and in our sole discretion. If Legacy Games makes changes to these Terms of Use or the Supplemental Terms, we will use commercially reasonable efforts to notify you of such changes, such as (by way of example only) by providing notice through the Legacy Games Offerings or updating the “Last Modified” date at the top of these Terms of Use. If we revise these Terms of Use or the Supplemental Terms, such revision(s) will take effect immediately upon posting of such notice. Your continued access or use of any Legacy Games Offering after such posting constitutes your acceptance of the revised Terms of Use or Supplemental Terms. If you do not agree to any revision we make to these Terms of Use or the Supplemental Terms, you must immediately discontinue using and participating in all Legacy Games Offerings.

3. ACCOUNT REGISTRATION
You may need to create a Legacy Games Account in order to access some Legacy Games Offerings. If you create a Legacy Games Account, you must provide truthful and accurate information to us in creating such account and promptly update this information if it changes. Legacy Games reserves the right to limit the number of accounts a user can establish. This limit may change over time in our sole discretion.

You are solely responsible for all activity on your Legacy Games Accounts and for the security of your Legacy Games Accounts and computer system. You must not reveal your username or password to any other person and must promptly notify us if you discover or suspect that someone else has accessed your Legacy Games Accounts. If you forget your password, you can request to have a new password sent to your registered e-mail address.

4. ELECTRONIC COMMUNICATIONS
When you access a Legacy Games Offering, send e-mails or electronically chat with Legacy Games, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices in the Legacy Games Offerings. You agree that all agreements, notices, disclosures and other communications that Legacy Games provides to you electronically satisfy any legal requirement that such communications be in writing.

5. OWNERSHIP; LIMITED LICENSE
The Legacy Games Offerings, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Legacy Games or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms of Use, all rights in and to the Legacy Games Offerings are reserved by us or our licensors. Subject to your compliance with these Terms of Use, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Legacy Games Offerings for your own personal, noncommercial use. Any use of the Legacy Games Offerings other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

6. VIRTUAL ITEMS
Certain Legacy Games Offerings may provide you with the opportunity to license a variety of virtual items such as virtual currency, virtual goods and content packs (“Virtual Items”) that can be used while playing the Legacy Games Offering. You may be required to pay a fee to obtain Virtual Items. When you use Virtual Items within a Legacy Games Offering, any Virtual Items that you have purchased will be deemed used before any Virtual Items that you have earned.

VIRTUAL ITEMS, LICENSED TO YOU IN ACCORDANCE WITH THESE TERMS OF USE, AND ARE NOT PREPAID PAYMENT INSTRUMENTS OR OTHERWISE ITEMS OF MONETARY VALUE.

You have no property interest in any Virtual Items. Virtual Items obtained through a Legacy Games Offerings is provided to you under a limited, non-transferable, revocable, non-sublicensable license to use those Virtual Items within the applicable Legacy Games Offering. Virtual Items may not be transferred or resold for commercial gain or in any manner, including, without limitation, by means of any direct sale or auction service. Virtual Items may not be purchased or sold from any individual or entity via cash, barter or any other transaction. Virtual Items have no monetary value and cannot be used to purchase or use products or services other than within the applicable Legacy Games Offering and then only to the extent offered within such applicable Legacy Games Offering. Virtual Items cannot be refunded or exchanged for cash or any other tangible value.

Legacy Games may manage, regulate, control, modify or eliminate your Virtual Items in our sole discretion and without limitation or restriction, and Legacy Games will have no liability to you or anyone or any entity for exercising those rights. In addition, all Virtual Items are unconditionally forfeited if your Legacy Games Offering account is terminated or suspended for any reason, including terminations or suspensions in Legacy Games’s sole discretion. If Legacy Games discontinues any Legacy Games Offering or any portion or feature of any Legacy Games Offering, you also unconditionally forfeited any Virtual Items connected to the discontinued Legacy Games Offering.

Legacy Games has no liability for hacking or loss of your Virtual Items. Legacy Games has no obligation to, and will not, reimburse you for any Virtual Items lost due to your violation of these Terms of Use, disruption, interruption or discontinuance of the Legacy Games Offering or service downtimes related to the same. Legacy Games reserves the right, without prior notification, to limit the order quantity on any Virtual Items and/or to refuse to provide you with any Virtual Items. Price and availability of Virtual Items are subject to change without notice.

7. REVIEWS, COMMUNICATIONS AND SUBMISSIONS
Our Legacy Games Offerings may allow you and other users to create, post, store and share content, including usernames, messages, text, photos, videos, software and other materials (collectively, “User Content”). Except for the license you grant below, as between you and Legacy Games, you retain all rights in and to your User Content, excluding any portion of the Legacy Games Offerings included in your User Content.

You grant Legacy Games and its subsidiaries and affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your User Content and any name, likeness, voice, biography, or signature provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. Depending on your account settings and which Legacy Games Offering you are interacting with, when you post or otherwise share User Content on or through a Legacy Games Offering, your User Content and any associated information (such as your city and state location, skill level, favorite game and favorite genres) may be visible to others.

You may not create, post, store or share any User Content that violates these Terms of Use, or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of your User Content as permitted by these Terms of Use, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may (a) monitor any communications within the Legacy Games Offerings, including, without limitation, to ensure that appropriate standards of online conduct are being observed and (b) block, edit, delete or remove any User Content at any time and for any reason with or without notice.

Legacy Games does not endorse or approve any User Content that you or other users post or communicate on or through any Legacy Games Offerings. Legacy Games does not assume any responsibility or liability for any content that is generated, posted or communicated by any user on or through the Legacy Games Offerings.

8. PROHIBITED CONTENT AND CONDUCT
You’re solely responsible for your conduct while using the Legacy Games Offerings. You may not use the Legacy Games Offerings if you engage in, encourage, or promote any prohibited conduct. On a high level, that means you must not violate any applicable laws, contracts, intellectual property rights, or other third-party rights or commit a tort. Without limiting the generality of the policies and standards in these Terms of Use, this means you may not post, transmit, promote, or distribute any User Content that:

  • Is inappropriate, obscene, defamatory, offensive, crude, illegal, immoral or possibly offensive;
  • Contain a virus, corrupted data, malware, spyware, adware, or any other malicious, invasive harmful, disruptive, or destructive code or program;
  • Is for a purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, political campaigning, soliciting funds, mass mailings and sending “spam”;
  • Contains any private or personal information of a third party without that third party’s consent; or
  • Acts as a passive or active information collection or transmission mechanism, including, without limitation, gifs, 1×1 pixels, web bugs, and other similar devices.

Additionally, you may not:

  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
  • Impersonate another person, including by indicating that you are a Legacy Games employee or a representative of Legacy Games (if you are not);
  • Attempt to obtain a password, other account information, or other private information from any other user of a Legacy Games Offering;
  • Disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects or disrupts other users;
  • Improperly using any game support functions or complaint buttons, such as by making false complaints or other reports to Legacy Games representatives;
  • Use or launch any automated system, including, without limitation, any spider, bot, cheat utility, scraper or offline reader that accesses a Legacy Games Offering, or any other unauthorized script or software that interacts with a Legacy Games Offering;
  • Modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or create derivative works from any part of the Legacy Games Offerings, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
  • Use a false e-mail address or otherwise disguise the source of any content that you submit within a Legacy Games Offering, such as by anonymizing your internet protocol address;
  • Interfere with or circumvent any Legacy Games Offering security feature or any other feature that is intended to restrict or enforce limitations on use of or access to a Legacy Games Offering;
  • Sell, lease, loan, or rent any part of a Legacy Games Offering, including, without limitation, any Virtual Items, Legacy Games Accounts and access to them; or
  • Engage in cheating or any other activity that Legacy Games deems to be in conflict with the spirit of a Legacy Games Offering.

Content standards may vary depending on where you are within a Legacy Games Offering and the expectations of the relevant game community. Some game play may involve use of stronger language than others, including mild expletives. You must always use good, respectful, and conservative judgment in interacting as part of any game play, and submitting any User Content, such as a review or post to any forums or message boards, within a Legacy Games Offering.

Enforcement of this Section 8 is solely at Legacy Games’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 8 does not create any private right of action on the part of any third party or any reasonable expectation that the Legacy Games Offerings will not contain any content that is prohibited by such rules.

9. COMMERCIAL ACTIVITY AND UNSOLICITED E-MAIL
As stated in Section 5, you may only use the Legacy Games Offerings for your own personal, noncommercial use. This means you may not use any portion of the Legacy Games Offerings to collect information, including login names, about other users, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not advertise any goods or services on any Legacy Games Offerings, or otherwise exploit your participation on or through any Legacy Games Offerings for any commercial purpose.

10. LEGACY GAMES SOFTWARE
To access some Legacy Games Offerings, you may need to download certain software from Legacy Games, its principals or its licensors onto your computer or mobile device (such software and any associated media or documentation, “Legacy Games Software”). The Legacy Games Software is part of the Legacy Games Offerings. Accordingly, your access to and use of Legacy Games Software is subject to these Terms of Use.

The license granted to you to use Legacy Games Software is limited to only permitting you to install and use the Legacy Games Software on computers or mobile devices owned or controlled by you and solely to allow you to participate in the Legacy Games Offerings.

You may also be required to agree to a separate end-user license agreement with Legacy Games or its affiliates when you download or install Legacy Games Software. In the event of a conflict between an end user license agreement you agreed to in connection with Legacy Games Software and the terms of this Terms of Use, the terms of the end user license agreement control with regard to the Legacy Games Software.

11. DIGITAL MILLENNIUM COPYRIGHT ACT
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others.

12. THIRD PARTY LINKS AND THIRD PARTY CONTENT AND SERVICES
Any and all software, content and services (including advertising) within a Legacy Games Offering that are not owned by Legacy Games are “third party content and services.” Legacy Games acts merely as an intermediary service provider of, and accepts no responsibility or liability for, third party content and services.

In addition, and without limiting the generality of the foregoing, certain Legacy Games Offerings may include links to sites, such as social networking sites or payment sites, operated by third parties, including, without limitation, advertisers, payment providers and other content providers (“Other Sites”). Those Other Sites may collect data or solicit personal information from you. Legacy Games does not control such Other Sites, and you agree that Legacy Games is not responsible for the content or policies of Other Sites or third-party content and services, or for the collection, use or disclosure of any information those Other Sites may collect. Any and all use of any Other Sites is at your sole risk, cost and responsibility.

13. TERMINATION OF ANY LEGACY GAMES ACCOUNT
Legacy Games and you each have the right to terminate or cancel any of your Legacy Games Account(s), if applicable, at any time for any reason or no reason. Legacy Games reserves the right to collect fees, surcharges or costs incurred before you cancel your Legacy Games Account(s) or a particular subscription. In the event that your Legacy Games Account or a particular subscription is terminated or cancelled unless otherwise agreed by Legacy Games in writing, no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it (such as points, tokens or Virtual Items). Any delinquent or unpaid accounts must be settled before Legacy Games may allow you to create any new or additional accounts. All Virtual Items are unconditionally forfeited if your Legacy Games Account is terminated or suspended for any reason, including terminations or suspensions in Legacy Games’s sole discretion.

14. TRADEMARKS
Legacy Games and the names and logos, product or service names, slogans and the look and feel of the Legacy Games Offerings constitute trademarks or trade dress of Legacy Games and may not be copied, imitated, reverse engineered, or used, in whole or in part, without the prior written permission of Legacy Games. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Legacy Games Offerings are the property of their respective owners, who may or may not be affiliated with or connected to Legacy Games. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation by us.

15. FEEDBACK
If you choose to provide to Legacy Games any ideas, suggestions, or other feedback regarding any Legacy Games Offerings, or any proposed software or offerings (collectively “Feedback”), you hereby grant Legacy Games a perpetual, irrevocable, non-exclusive, worldwide, fully sublicensable, royalty-free, fully paid, right and license to use and exploit (including, without limitation, commercially exploit) in any manner, means, language and/or media, whether now known or hereafter devised such Feedback without restriction, including in connection with any Legacy Games Offerings, or other products or services of Legacy Games. You understand that Legacy Games may treat Feedback as nonconfidential.

16. DISCLAIMERS
YOU EXPRESSLY AGREE THAT THE USE OF ANY LEGACY GAMES OFFERING, LEGACY GAMES SOFTWARE AND THE INTERNET IS AT YOUR SOLE RISK. ALL LEGACY GAMES OFFERINGS AND LEGACY GAMES SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LEGACY GAMES DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE LEGACY GAMES OFFERINGS OR LEGACY GAMES SOFTWARE AT ANY PARTICULAR TIMES OR LOCATIONS, OR THAT THE LEGACY GAMES OFFERINGS, LEGACY GAMES SOFTWARE, NEWSLETTERS, E-MAILS OR OTHER COMMUNICATIONS SENT FROM LEGACY GAMES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

17. LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LEGACY GAMES AND OUR SUBSIDIARIES AND AFFILIATES AND EACH OF OUR RESPECTIVE EMPLOYEES, AGENTS, LICENSORS, LICENSEES, OFFICERS, DIRECTORS AND SHAREHOLDERS (INDIVIDUALLY AND COLLECTIVELY, THE “LEGACY GAMES PARTIES”) WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF LEGACY GAMES OR THE OTHER LEGACY GAMES PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL LIABILITY OF LEGACY GAMES AND THE LEGACY GAMES PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE LEGACY GAMES OFFERINGS, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF $500 OR THE AMOUNT THAT YOU PAID TO LEGACY GAMES FOR YOUR PARTICIPATION IN ANY LEGACY GAMES OFFERING DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY.

THE LIMITATIONS SET FORTH IN THIS SECTION 18 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF LEGACY GAMES OR THE OTHER LEGACY GAMES PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, SUCH LIABILITY SHALL INSTEAD BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

18. INDEMNIFICATION
To the fullest extent permitted by applicable law, you will indemnify and hold harmless, and at Legacy Games’ request defend, Legacy Games and the Legacy Games Parties from and against any and all losses, liabilities, claims demands, costs and expenses (“Claims”) arising out of or related to (a) your access to or use of the Legacy Games Offerings; (b) your User Content or Feedback; (c) your violation of these Terms of Use; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Legacy Games Offerings. You agree to promptly notify Legacy Games Parties of any third-party Claims, cooperate with Legacy Games Parties in defending such Claims, if requested by Legacy Games, and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). Without limiting your indemnification obligations described herein, Legacy Games reserves the right to assume the exclusive control of the defense or settlement of Claims otherwise subject to indemnification by you. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Legacy Games or the other Legacy Games Parties.

19. IMPORT TAXES AND FEES
When you buy physical goods (e.g. disc) through any Legacy Games Offering for delivery outside the United States, you are considered an importer and, as between you and Legacy Games, you will be responsible for payment of all taxes, duties, fees or other charges that may be applicable to such importation, including VAT, and you must comply with all laws and regulations of the country in which you are receiving the goods. Note that cross-border deliveries are subject to opening and inspection by customs authorities.

20. CORRECTIONS
Legacy Games reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order was submitted and accepted) in any order, price, advertisement, promotion or giveaway.

21. NON-WAIVER
The failure of Legacy Games to exercise or enforce our rights under these Terms of Use does not operate as a waiver of such right or provision. Any waiver of our rights, including any waiver of any breach or default, must be in a writing signed by Legacy Games.

22. PROCESSING CREDIT AND DEBIT CARD PAYMENTS
Access to the Legacy Games Offerings, or to certain features of the Legacy Games Offerings, may require you to pay fees. Legacy Games may give you different payment options. We reserve the right to change our payment options at any time and for any reason.

Before you become obligated to pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are non-refundable, to the fullest extent permitted under applicable law. Legacy Games may change any or all of its fees (or impose new fees) upon notification to you of such changed or new fees. Legacy Games or its payment processor will charge the payment method you specify at the time of purchase. When you provide credit card information or other information necessary to facilitate payment to us or our vendors, you represent to us that (a) the payment information you supply to us is accurate and complete, (b) you are an authorized user of the payment method, (c) charges incurred by you will be honored by your financial institution, and (d) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. You authorize Legacy Games or its payment processor to charge all sums as described in these Terms of Use, for the Legacy Games Offerings you select, to that payment method. If you pay any fees with a credit card, Legacy Games or its payment processor may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. Fees for the Legacy Games Offerings are processed in the United States, and foreign transaction fees may apply if you are located outside the United States.

In the event it becomes necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. Credits or refunds, when offered, will be made to the same method of payment and account used to place the order. Depending on where you reside and when your purchase was made, any taxes you paid on an order may not be included in a credit or refund you receive for the order.

The Legacy Games Offerings may include functionality for activating, updating or canceling recurring payments for periodic charges. If you activate or update recurring payments through the Legacy Games Offerings, you authorize Legacy Games to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. If you use the Legacy Games Offerings to update or cancel any existing authorized one-time or recurring payment, it may take several business days for the update or cancellation to take effect.

23. EXPORT CONTROL LAWS
Certain Legacy Games Offerings may be subject to United States and international export controls. By accessing Legacy Games Offerings, you warrant that you are not located in any country, or exporting any Legacy Games Offerings, to any person or place to which the United States, European Union or any other jurisdiction has embargoed goods. You agree to abide by all applicable export control laws and further agree not to transfer or upload, by any means electronic or otherwise, any Legacy Games Offerings that may be subject to restrictions under such laws to a national destination prohibited by such laws without obtaining and complying with any required governmental authorizations.

24. OTHER LEGAL TERMS
You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. If any provision of these Terms of Use is found to be illegal or unenforceable, these Terms of Use will be deemed modified to the extent necessary to make them legal and enforceable, and will remain, as modified, in full force and effect. These Terms of Use, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and Legacy Games relating to this subject matter, and cannot be changed or terminated orally.

25. DISPUTE RESOLUTION; BINDING ARBITRATION
PLEASE READ THIS SECTION 25 CAREFULLY, BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES WITH LEGACY GAMES AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH BELOW. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION PROVISION. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY TRIAL.

WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE AND YOU SHOULD NOT RELY SOLELY ON THE INFORMATION PROVIDED IN THIS AGREEMENT, AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS REGARDING THE CONSEQUENCES OF YOUR DECISION.

  1. Scope of Arbitration Provision. Except for small claims disputes in which you or Legacy Games seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Legacy Games seek injunction or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Legacy Games waive your rights to a jury trial and to have any other dispute arising out of or relating to these Terms of Use or your access to or use of any Legacy Games Offering (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of these Terms of Use) (collectively, “Disputes”) resolved in court.
  2. Location of Arbitration and Applicable Rules. You and Legacy Games agree that such arbitration shall occur in Los Angeles, California unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this Section 26, a “consumer” means a person using the Legacy Games Offerings for personal, family or household purposes. You and Legacy Games agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). Alternatively, you may request to appear in such proceedings telephonically. You and Legacy Games agree that such arbitration shall be conducted by a single arbitrator in accordance with the rules of the JAMS Rules, as modified by these Terms of Use.
  3. Authority of Arbitrator. You and Legacy Games agree that these Terms of Use affect interstate commerce and that the enforceability of this Section 26 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms of Use and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
  4. Confidentiality. You, Legacy Games and the arbitrator shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary.
  5. Allocation of Arbitration Fees. If you assert a Dispute as a consumer, you will only be required to pay arbitration fees of $250 of the fees charged by JAMS in connection with any arbitration under this section, and Legacy Games will bear all other costs charged by JAMS or the arbitrator, including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services. You will still be responsible for paying your own attorneys’ fees.
  6. STATUTE OF LIMITATIONS. ANY DISPUTE MUST BE FILED WITHIN ONE YEAR AFTER THE RELEVANT CLAIM AROSE; OTHERWISE, THE DISPUTE IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND LEGACY GAMES WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
  7. WAIVER OF CLASS RELIEF. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AGREE THAT YOU AND LEGACY GAMES WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. YOU AND LEGACY GAMES ARE EACH WAIVING RESPECTIVE RIGHTS TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY PAST, PENDING, OR FUTURE CLASS ACTION OR ANY OTHER CONSOLIDATED OR REPRESENTATIVE PROCEEDING.
  8. Procedure to Opt Out of Arbitration Provision. You may opt out of the binding arbitration provision by sending written notice via U.S. Mail, or by any nationally recognized delivery service (e.g., UPS, Federal Express, etc.) to Legacy Games, Attn: Legal Department, at 1110 N Virgil Ave., Suite 571, Los Angeles, CA 90029. For your opt out to be effective, you must send such notice within thirty (30) days of your acceptance of these Terms of Use. You must sign and date the notice, and include in it your name, address, and a clear statement that you do not wish to resolve disputes with Legacy Games through arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 26.
  9. If any portion of this Section 25 is determined by a court to be unenforceable or invalid for any reason, (a) the unenforceable or invalid provision shall be severed from these Terms of Use; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 25 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 25; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 25 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 25 will be enforceable.

26. APPLICABLE LAW, JURISDICTION, AND VENUE
These Terms of Use and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California except to the extent preempted by U.S. federal law, without regard to conflict or choice of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.

Any dispute between you and Legacy Games arising from these Terms of Use or your use of Legacy Games Offerings that is not subject to arbitration and cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Los Angeles County, California. You and Legacy Games irrevocably consent to the jurisdiction of such venues.

27. CALIFORNIA NOTICE
Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.

CONTACT US
Legacy Interactive, Inc.
Attn: Legal Department
1110 N Virgil Ave., Suite 571,
Los Angeles, CA 90029
USA

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