These terms of use constitute a legally binding agreement between you (“you” or “your”) and 5x5 Gaming, Inc., a Delaware corporation, and its subsidiaries and affiliates (collectively, “5x5”, “5x5 Gaming”, “us”, “we”, or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms”), govern your access and use of 5x5 games, whether on your computer, on a mobile device, on our website https://www.5x5gaming.com/index.html (the “Site”) or any other website, device or platform (each a “Game” and together the “Games”), including any content, functionality, and services offered on our through the Site or Games, such as customer support, social media, community channels and other websites that we may operate from time to time such as https://www.battleofkingdoms.com/, and your creation of any Virtual Goods and Virtual Money (as defined herein) (collectively and together with the Games, the “Services”).
Please read these Terms carefully before using our Services. By using our Sites, Games and/or Services, you acknowledge, and agree to be bound and abide by these Terms and our Privacy Policy, found at https://www.5x5gaming.com/privacy, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Site, Games or Services.
You affirm that you are over the age of 13, as our Services are 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 YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THE TERMS. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THESE TERMS FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE SERVICES, INCLUDING, WITHOUT ALL FINANCIAL CHARGES, PURCHASE AND SALE TRANSACTIONS, AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, INCLUDING, WITHOUT LIMITATION, IF REQUIRED BY A THIRD-PARTY SERVICE PROVIDER (E.G. PAYMENT SERVICE PROVIDER, THIRD-PARTY PLATFORM, OR OPERATOR OF A SECONDARY MARKETPLACE) OR BY LAW OR REGULATION, TO IMPOSE ADDITIONAL AGE REQUIREMENTS AND RESTRICTIONS ON YOUR ENGAGEMENT IN CERTAIN EVENTS OR TRANSACTIONS ASSOCIATED WITH THE SERVICES (E.G. REQUIRING SOMEONE TO BE 18 YEARS OF AGE IN ORDER TO PARTICIPATE IN A SECONDARY MARKETPLACE TRANSACTION OR USE THE VIDEO CHAT FEATURE).
You can find these Terms any time by visiting https://www.5x5gaming.com/terms. We reserve the right to modify or amend these Terms at any given time. When we make changes, we will make the updated Terms available on the Site or Game 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, as your continued use of the Site or the Services thereafter will be deemed as your acceptance of the updated Terms. If you do not agree to any revised Terms, you may not access or use the Game or Services. If any action from you is required in order to accept the updated terms, then you may not be able to continue to use the Services until you have taken such action.
We are constantly innovating the Game (including the Virtual Money and Virtual Goods) to help provide the best possible experience for you and other users. We reserve the right at any time and from time to time to change or remove features of the Games or Services. You acknowledge and agree that the form and nature of the Game, and any parts of it, may change from time to time without prior notice to you, and that we may add new features and change or remove any parts of the Game at any time and without notice to you.
The specific game rules, scoring rules, controls and guidelines for each Game can be found within the Game itself. Such rules, scoring rules, controls and guidelines form part of these Terms and you agree that you shall comply with them in respect of each individual Game which you choose to access and/or play. You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. Check with your mobile operator or internet service provider if you are unsure what these charges will be before you access and/or use our Services. There may be times when our Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis. Any use of the Services other than as specifically authorized here in, without our prior written permission is strictly prohibited and will terminate the license granted herein.
When using our Services, you may choose to, and in some instances may be required to, create an account with us (“User Account”). In these terms, references to “login details” or “account” include your login details and account for any social network or platform that you may allow our Services to interact with. You agree to keep your login details and password confidential, and that you will be responsible for all use of your account and login details. Your User Account is personal to you, and you are not entitled to transfer your account to any other person.
We reserve the right to remove, reclaim or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. We are entitled to assume that anyone logging into your User Account using your login details is either you or someone logging in with your permission. If you fail to keep your login details secret, or if you share your login details or User Account information with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result. We will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your User Account and/or using our Services and we accept no responsibility for any losses or harm resulting from such unauthorized use, whether fraudulently or otherwise. We reserve the right to delete your User Account if no activity is conducted by you in relation to the account for 180 or more days. In such an event, you may no longer be able to access and/or use any Virtual Money and/or Virtual Goods (as defined below) associated with that User Account though our websites and no refund will be offered to you in relation to the same.
You understand that if you delete your User Account, or if we delete your User Account in accordance with our Terms, you may lose access to any data previously associated with your User Account (including, without limitation, your progress through our Games and/or the level or score you have reached in our Games and any other digital materials associated with your User Account). YOU ACKNOWLEDGE AND AGREE THAT EXCEPT FOR CERTAIN RIGHTS IN VIRTUAL ITEMS ISSUED AS NFTS THAT ARE EXPRESSLY DISCUSSED BELOW, YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY USER ACCOUNT THAT YOU CREATE USING ANY OF OUR SERVICES. WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY USER ACCOUNT AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.
Our Games may include virtual currencies such as gold bars and gems (“Virtual Money”), items or services for use with our Games (“Virtual Goods”) or paid subscriptions for Virtual Money and/or Virtual Goods (“Subscriptions”). Subject to the following terms and conditions for virtual items issued as NFTs (as defined below), you will have no ownership rights in any Virtual Goods or Virtual Money in the Services. We reserve the right to control, regulate, change or remove any Virtual Money or Virtual Goods, whether or not they were purchased for consideration or as part of gameplay, and/or Subscriptions, without any liability to you at any time. If we make any changes to an active Subscription, such changes will only take effect following the end of the then-current Subscription period. Unless otherwise determined in our sole discretion, any removals of active Subscriptions become effective and automatically terminate at the end of the then-current Subscription period. We may revise the pricing for Virtual Goods, Virtual Money and/or Subscriptions offered through the Services at any time, but if you have an active Subscription such changes will only take effect following the end of the then-current Subscription period, at which date your Subscription will automatically terminate. We may limit the total amount of Virtual Goods or Virtual Money that may be purchased at any one time, and/or limit the total amount of Virtual Money or Virtual Goods that may be held in your account in the aggregate. You are only allowed to obtain Virtual Money and Virtual Goods from us or our authorized partners through the Services, and not in any other way.
Depending on your platform, any Virtual Goods, Virtual Money or Subscriptions purchased may be subject to your platform provider's terms of service and user agreement. Usage rights for each purchase may differ from item to item. If you are unsure about usage rights, you should check with your platform or our customer support team before making a purchase. Unless otherwise shown, content available in any in-game store has the same age rating as the game.
Notwithstanding the above, our Game allows its users to own certain specific virtual assets, as 5x5 may design and release, within its sole discretion, from time to time, in the form of non-fungible tokens issued on [name of 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 the Games. Such NFTs are subject to the following:
Distribution of NFTs. NFTs can be acquired within the Game in accordance with the smart contracts’ functionality, as may be determined at our sole discretion of, from time to time. In addition, 5x5 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 we may determine within our sole discretion. This includes, without limitation, the right to provide NFTs at no charge to any individual user, or group of users of our Games, the Sites, and/or Services or to third parties. Unless otherwise agreed by us in writing, users of the Games, have no preferential subscription rights or similar rights in connection with any issuance and/or distribution of NFTs by 5x5.
Purchase of NFTs. To purchase NFTs, you must have (i) an active User Account and (ii) an active [NAME OF compatible digital wallet]. 5x5 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 we may specify in our sole discretion from time to time.
Transfer of NFTs. NFTs are not designed to be transferred other than within and as required by the gameplay of our Game. 5x5 reserves the right to subject the transfer of NFTs to a dedicated transfer policy, as drafted at our sole discretion (an “NFT Transfer Policy”). Any applicable NFT Transfer Policy, as in force from time to time, shall be made available on the Site. You acknowledge and understand that your transactions on the [NAME OF compatible digital wallet] platform are public and that your [NAME OF compatible digital wallet] 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 [NAME OF compatible digital wallet] 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.
Risks Related to NFTs. You accept and acknowledge there are certain inherent risks associated with NFTs, including, but not limited to: (i) NFTs purchased will have no other use than within our Game; (ii) regulations governing blockchain technologies; NFTs, cryptocurrencies, and crypto-based items is uncertain, and any new regulations or policies may adversely affect the potential utility of NFTs and our ability to offer them in our Games; (iii) we do not control the [NAME OF compatible digital wallet] platform or any other blockchain platform you are interacting with, and we do not control certain smart contracts or protocols that may impact your ability to complete transactions; (iv) blockchain transactions are irreversible and 5x5 has no ability to reverse any transactions on the blockchain; and (v) the [NAME OF compatible digital wallet] platform may not function properly, be subject to other security events resulting in interruptions or failures, or implement changes to the platform which impact your ability to purchase, hold, manage or otherwise alienate NFTs.
Withdrawal Right. In the event that we terminate your User Account in accordance with these Terms, 5x5 shall have the right, without notice, explanation or liability, to withdraw or otherwise request the transfer to 5x5 or such third party as we may determine within our sole discretion, of all or individual NFTs from you and to retransfer such NFTs, against such consideration (if any) as we may deem appropriate within our sole discretion, to us or third parties.
Loss of Access. If our withdrawal right is not exercised in connection with the termination of your User Account or this agreement, you shall retain ownership of your NFTs. You acknowledge and accept that you will not be able to access, use, benefit from, transfer and/or otherwise dispose of such NFTs following a termination of your User Account or this Agreement. To the greatest extent permitted by law and without limiting the generality of the limitations in the Disclaimers and Limitations of Liability section, 5x5 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 to you.
To benefit from or use the Virtual Money and/or Virtual Goods in our Games you may first have to reach a certain level or progress to a certain point. You agree that once purchased the Virtual Money and Virtual Goods have no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. Except as noted in the NFTs section above, you agree that Virtual Money and Virtual Goods are not transferable to anyone else, and you will not transfer or attempt to transfer any Virtual Money, Virtual Goods and/or Subscriptions to anyone else.
Except as noted in the NFTs section above, you do not own Virtual Goods, Virtual Money but instead you purchase a limited personal revocable license to use them - any balance of Virtual Goods and/or Virtual Money does not reflect any stored value.
You agree that all sales by us to you of Virtual Money and/or Virtual Goods are final, that we will not refund any transaction once it has been made. Prices for all Virtual Money and Virtual Goods exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the extent required by law, you agree to pay any such applicable taxes and telecommunication charges in line with applicable law. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you purchase a license to use Virtual Goods or Virtual Money from us, you acknowledge and agree that we will begin the provision of the Virtual Goods or Virtual Money to you promptly once your purchase is complete and therefore your right of withdrawal is lost at that point. For the purposes of this paragraph, a "purchase" is complete at the time our servers validate your purchase and the applicable Virtual Goods and/or Virtual Money are successfully credited to your account on our servers.
If you do not connect your game play on a device to an account linked to either your social network account or a 5x5 account, we will not be able to restore any Virtual Money, Virtual Goods, or other data associated with your Game play to a different device if you lose that device or it is damaged. Accordingly, if you use of a device which is not connected to your social network account or your 5x5 account:
The charge for any individual item you can purchase via our Website shall be as stated on our Website at the time you place the order, except in the case of obvious error. The charge is inclusive of all sales taxes and other charges. Depending on which bank you use, additional charges may be issued by your bank; we have no control over this and accept no liability in relation to the same. If you are unsure whether you will be subject to such additional charges, then you should check with your bank before making a purchase via our Website. We accept payment via our payment processing partners by credit card, debit card, or carrier billing only. Our payment processing partners may have their own terms and conditions and you should ensure you agree with these prior to making any payment. If your transaction with our payment processing partners is not successful, then your purchase will not be fulfilled. Upon the completion of a successful payment transaction your purchase will be fulfilled to you as soon as possible - we will endeavor to satisfy your order immediately at the point of purchase.
Subscription prices exclude all applicable taxes and telecommunication charges, unless otherwise indicated. Payment for a Subscription will be charged to your account at the point of purchase and any renewals will be charged within the 24 hours prior to the expiry of the then-current Subscription period. Your Subscription will automatically renew on a monthly-basis unless you turn off auto-renew via your platform settings at least 24 hours before the end of the then-current Subscription period. Your Subscription is linked to your platform account and cannot be transferred between platform accounts, nor are Subscriptions transferable to anyone else. You agree that sales by us to you of Subscriptions are final and that cancellation is not permitted during an active Subscription period.
Unless otherwise indicated, the Website, Games and Services are our proprietary property and all source code, database, functionality, software, website design, audio, video, text, photographs, and graphics on the Website and the Games (collectively, “5x5Content”) and trademarks, service marks and logos contained therein (the “5x5Marks”) are owned, controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights. Except as expressly provided in these Terms, no part of the Website, Games or Services, and no 5x5 Content or 5x5 Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Website, the Games and the Services, and subject to the Terms, you are granted a non-exclusive, non-transferable, personal, revocable, limited license to access and use our Services, including any Virtual Money, Virtual Goods, and NFTs, to which you have properly gained access solely for your personal, non-commercial use.
For the avoidance of doubt, and to the greatest extent permitted by law, 5x5’s rights include without limitation all intellectual property 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 our Games, including without limitation in-game names, characters, locations and any Virtual Money, Virtual Goods, NFTs, and their associated benefits or properties acquired or provided for use within our Games.
We reserve all rights not expressly granted to you in and to the Site, the Games, the Services, the Content, and the Marks. YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN THE LICENSE GRANTED TO YOU BY THESE TERMS, YOU SHALL HAVE NO OWNERSHIP OR PROPERTY INTEREST IN ANY OF OUR SERVICES, INCLUDING WITHOUT LIMITATION USER ACCOUNTS, VIRTUAL MONEY OR VIRTUAL GOODS.
You must not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services without our prior written consent. You further agree that you shall not make use or available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Money and/or Virtual Goods, whether on a free of charge basis or otherwise.
While using our Services, you and other users may provide, create, or generate information, data, sound, photographs, graphics, video, messages, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by you or another user (collectively, “User Content”). You understand that by posting, creating or generating User Content in connection with the Services, 5x5 hereby is and shall be granted a non-exclusive, worldwide, royalty free, perpetual, irrevocable, and transferable right to fully exploit such User Content (including all related intellectual property rights) and to allow others to do so; however, we will only share personal data identified in our Privacy Policy in accordance with that policy. You understand that 5x5 retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Content submitted by you. You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the provider from which such content originated, and we will not be liable for any errors or omissions in the same.
You may choose to submit comments, bug reports, ideas or other feedback about the Game, including without limitation about how to improve the Game (collectively, “Feedback”). By submitting any Feedback, you agree that we are 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.
If you believe that your copyright has been infringed, please email the following information to us at support@5x5gaming.com: (i) a brief description of the intellectual property rights and an explanation as to how they have been infringed; (ii) the location of the infringed material; (iii) a statement by you, made under penalty of perjury, that (x) you have a good-faith belief that the disputed use of material in which you own intellectual property rights is not authorized, and (y) the information that you are providing is accurate, correct, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (iv) your address, phone number and email address; and (v) a physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.
You agree not to upload, communicate, transmit or otherwise make available any User Content or otherwise use the Services in any way:
You agree that you will not:
If you are concerned that someone else is not complying with any part of these terms, please contact us here: support@5x5gaming.com.
You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services. You promise that all the information you provide to us on accessing and/or using our Services is and shall remain true, accurate and complete at all times.
We do not control User Content posted on our Services by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using our Services, you may be exposed to User Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any losses or harm of any kind resulting from the use of any User Content posted, emailed, transmitted or otherwise made available via our Services. We have the right to remove uploaded User Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not actively monitor User Content that is contributed by people that use our Services and we make no undertaking to do so.
You are solely responsible for your interactions with other users of our Services. You agree that you shall not hold 5x5 liable for any loss or damages arising from the User Content (yours or another user's) including without limitation in respect of any defamation, harassment, or false endorsement claims.
Some of our Games allow you to play against an opponent or to play socially with other users. You may be able to:
Where 5x5 selects another user or opponent for you, or groups you with other users for a game mode, we may either select at random or use such criteria as we see fit in order to make these selections (for example, your past scores, your country, or the level you have reached in the Game or your other gameplay activity).
By accessing and/or playing our Games you agree that your display name, scores, avatar, country location, online/offline status and other related details may be displayed in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you, including (without limitation) to other users in our games or within our marketing. You also understand and agree that other users may find you by searching for you with your email address. Please note that we will only show your display name publicly, and not your email address; another user must already know your email address themselves in order to search for you.
Some of our Games include functionality that may allow you to participate in text and/or video chat with other users. You may be able to:
You understand and agree that observance of your obligations hereunder is of significant importance to us and that, if you breach these Terms, 5x5 would incur serious losses and other detrimental consequences which might not easily be cured. Without limiting any other remedies available to 5x5, if we reasonably believe that you are in material breach of these Terms (including by repeated minor breaches), we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you:
Without limitation, any breach regarding Virtual Goods and Virtual Money or your Conduct will be considered a material breach of these Terms.
You agree to compensate us, to the extent allowed by applicable law, for all losses, harm, claims and expenses that may arise from your breach of these Terms.
You agree to hold harmless and indemnify 5x5 and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and attorneys’ fees arising out of or in any way related to (i) your breach of these Terms, including your representations and warranties contained herein, (ii) any exhibition, presentation, distribution or exploitation of your Virtual Money and/or Virtual Goods or any rights therein, (iii) your misuse of the Services, (iv) your violation of applicable laws, rules or regulations in connection with your access to or use of the Services, (v) your violation of the rights of a third party, including but not limited to intellectual property rights, or (vi) your breach of our Privacy Policy. You agree that 5x5 will have control of the defense or settlement of any such claims. Your indemnification obligations contained herein shall survive any termination or expiration of these Terms or your relationship with 5x5.
NOTHING IN THESE TERMS WILL LIMIT THE STATUTORY RIGHTS THAT YOU MAY HAVE AS A CONSUMER OF THE SERVICES. SOME COUNTRIES, STATES, PROVINCES, AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY AS STATED IN THIS SECTION, SO THE BELOW TERMS MAY NOT FULLY APPLY TO YOU. INSTEAD, IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIMITATIONS BELOW SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTION.
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING GAMES), AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY 5X5 ON AN “AS IS” AND “AS AVAILABLE” BASIS. 5X5 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING GAMES), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, 5X5 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 5X5 DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING GAMES) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULL EXTENT PERMISSIBLE BY LAW, 5X5 WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS THESE TERMS. FURTHER, TO THE FULL EXTENT PERMISSIBLE BY LAW, 5X5’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS WILL NOT EXCEED U.S.D. $100.00. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION.
A. YOU UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. YOU AGREE THAT OUR AND OUR AFFILIATES’ AND LICENSORS’ 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 SITE OR 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 6 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) $100.
C. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE 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. WE WOULD NOT BE ABLE TO PROVIDE THE GAME TO YOU WITHOUT THESE LIMITATIONS.
Our Privacy Policy (“Privacy Policy”) describes the ways we collect, use, store and disclose your personal information, and is hereby incorporated by this reference into these Terms and can be found by visiting https://www.5x5gaming.com/privacy. You agree to the collection, use, storage, and disclosure of your data in accordance with our Privacy Policy.
We may link to third party websites or services that enable you to access other third-party websites or services (“Third-Party Services”) which are not owned or controlled by us. Such Third-Party Services are governed by their own terms of use. We do not control Third-Party Services, and we are not responsible for the contents of any linked site or any losses or harm to you in relation to such Third-Party Services. A link does not imply endorsement of, sponsorship of, or affiliation with the Third-Party Services by 5x5.
YOU SHOULD EXERCISE CAUTION BEFORE YOU FOLLOW ANY LINKS TO OR ENTER INTO ANY TRANSACTION WITH A PROVIDER OF THIRD-PARTY SERVICES. You acknowledge and agree that: (a) Third-Party Services are governed by their own terms of use; (b) we are not responsible for Third-Party Services; (c) any link or reference to Third-Party Services within the Services does not, and shall not be understood to, imply any endorsement, affiliation, sponsorship or recommendation on our part in respect of such services or their providers; (d) we make no representation and give no warranty whatsoever with respect to Third-Party Services; (e) to the greatest extent admissible under applicable law, 5x5 shall have no liability for or in connection with Third-Party Services, in particular, without limitation, in connection with their availability, cost, content, advertising, compliance, noninfringement, compatibility with the Services, fitness for purpose, or any transactions you may enter into with regard to Third-Party Services; and (f) you shall not, under any circumstances, cause 5x5 to become a party to any dispute whatsoever between you and third parties concerning Third-Party Services.
You may terminate these Terms at any time by canceling your account on the Game or Site and discontinuing your access to and use of the Services. You will not receive any refunds if you cancel your account, or otherwise terminate these Terms. You agree that we, in our sole discretion and for any or no reason, may terminate these Terms and suspend and/or terminate your account(s) for the Game or Site. You agree that any suspension or termination of your access to the Game or Site may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination. If we terminate these Terms or suspend or terminate your access to or use of the Game or Site 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 we may have at law or in equity. Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the Game or Site or that is related to your User Account (including any Virtual Money or Virtual Goods), and you acknowledge that we 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. The accrued rights, obligations and remedies of the you and us are not affected by the termination of these Terms. This clause will survive termination or expiry of these Terms. The effects of an expiration or termination of these Terms on any NFTs are governed by the NFTs section hereof.
Most concerns can be resolved quickly by contacting us at community@5x5gaming.com. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a “Dispute" and collectively, the “Disputes") brought by either you or us (individually, a “Party" and collectively, the “Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally and in good faith for at least thirty (30) days prior to initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
If a Party is unable to resolve a Dispute through informal negotiations, the Disputes (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration by JAMS, under the rules of JAMS that are in effect when the arbitration is filed, excluding any rules that permit arbitration on a class or representative basis (the “JAMS Rules”) , available at http://www.jamsadr.com or by calling 1-800-352-5267, and under the rules set forth in these Terms. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted by telephone or in San Francisco, California, unless the Parties agree otherwise. You acknowledge that : (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney's fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this paragraph shall prevent us from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights, or other proprietary rights. You may choose to engage in arbitration hearings by telephone. Instructions for initiating an arbitration are available at the JAMS website and toll-free number referenced above.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state courts or federal courts in California, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction, and forum non-conveniens with respect to venue and jurisdiction courts.
In no event shall any Dispute brought by either Party related in any way to the Site or the Games be commenced more than one (1) year after the cause of the action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed or jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
If you are resident outside the United States and you are entitled to commence and/or participate in legal proceedings within the United States, then you agree that you will be bound by the BINDING ARBITRATION AND CLASS ACTION WAIVER provisions herein.
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 WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE PRIVACY POLICY ONLY IN YOUR OR OUR 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, 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.
The Parties agree that the following Disputes are not subject to the above provision concerning informal negotiations and binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, and of the intellectual property rights of a Party, (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal and unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed or jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
These Terms and any policies or operating rules posted by us on this Site or within the Services constitute the entire agreement and understanding between you and us.
You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under these Terms in our sole discretion and without your consent to an affiliate, or in connection with an acquisition, sale or merger.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intent and all remaining provisions of the Terms will continue in full force and effect. No waiver by 5x5 of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the 5x5 to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms are governed by the laws of California. You irrevocably submit to exclusive jurisdiction of the courts in Los Angeles, California.
If you have any questions about these Terms or our Services, please contact us by email at support@5x5gaming.com.