TERMS OF SERVICE

54e Dev Studios, Inc.

Terms & Conditions

WELCOME

Welcome to OneShot Golf! We appreciate you joining our vibrant community and for trying out our game. Set out below are a series of Terms and Conditions of Use which govern your use of OneShot Golf. You should review them carefully as they discuss how (legally speaking) you interact with OneShot Golf. If you have any questions or concerns about these Terms and Conditions of Use, or the game more generally, you can contact us at:

54e Dev Studios Inc.

#105 - 106 Victoria Avenue East

Regina, SK S4N 0N4

support@oneshotgames.com

INTRODUCTION

These Terms and Conditions of Use, together with any documents and/or additional items they expressly incorporate by reference (collectively these “Terms and Conditions”) govern your access and use of products, applications, content, and services offered by 54e Dev Studios Inc. and its subsidiaries (“54e Dev”, “we”, “us”, “our”), such as game software and related updates, upgrades and features, and all online and mobile services, platforms, websites, and events hosted by or associated with 54e Dev including, but not limited to the following mobile gaming application: OneShot Golf (collectively the “Services”).

Apple and Google are not sponsors of or involved in any way with any contests, prizes, or tournaments.

ACCEPTANCE OF TERMS

By downloading, playing, or accessing the Services, you accept and agree to be bound and comply with these Terms and Conditions, including the terms of our privacy policy found at oneshotgames.com/privacy, incorporated herein by reference. If you do not agree, do not install or use the Services.

Q: How do I create an account?

ACCOUNT CREATION

You need an account (“Account”) to access and use many Services, including to play online. To be eligible to create an Account, you affirm that you:

have a valid email address;
will provide truthful and accurate information;
are a resident of and physically located in Canada, the United States, Australia, New Zealand, Germany, Netherlands, Austria, or the UK, in a province or state where use of the Services is permitted and unrestricted by law; and
are the age of majority in your province or state of residency.

Only one account per person and maximum one account per device is authorized. We validate this before you claim any prize winnings. Any users found in possession of multiple accounts will be investigated and may have all accounts terminated and their access to OneShot Golf restricted indefinitely, this includes forfeiting any rights to prizes.

Q: What are my responsibilities as a user?

YOUR RESPONSIBILITIES

You are responsible for all activity associated with your Account. This includes, without limitation:

ensuring you, and anyone else using your Account, does not violate these Terms and Conditions;
if you access the Services through a third-party platform like Apple or Google and/or a social networking site like Facebook, you comply with their terms and conditions in addition to these Terms and Conditions;
you are responsible for any and all User-Generated Content (“UGC”), which is discussed in more detail below;
you must follow and observe all rules of conditions, restrictions, codes of conduct, prohibited uses, or acceptable use policies put in place by 54e Dev, which are discussed in more detail below;
you are responsible for the accuracy, completeness, and safeguarding of your username and email, along with any information associated with your Account such as credit card and payment information (collectively known as “Account Information”);
you are responsible for updating your Account Information if any changes to it occur;
you are responsible for any damages caused due to unauthorized access of your Account by other people including, without limitation, any damage to reputation or hurtful or inappropriate commentary directed by an unauthorized user to any other user of the Services; and
you are responsible for your actions, and the actions of any other person using your Account, when it comes to accessing and using the Services.

You are subject to all laws of the city, province, state, and country in which you reside and from which you access our Services. You are solely responsible for complying with those laws. Access to our Services may not be legal for some or all residents in certain jurisdictions (a “Prohibited Jurisdiction”). It is your responsibility to determine whether the province, state, country, territory or other jurisdiction in which you are located is a Prohibited Jurisdiction. We reserve the right (but have no obligation) to monitor the location from which you access Services, and we may block access from any location that we believe is a Prohibited Jurisdiction.

WE DO NOT INTEND TO OFFER THE SERVICE IN PROHIBITED JURISDICTIONS. IF YOU ARE LOCATED IN A PROHIBITED JURISDICTION, YOU MAY NOT USE THE SERVICE, EVEN IF IT IS ACCESSIBLE ON YOUR DEVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY LEGAL CONSEQUENCES OF USING THE SERVICE IN A PROHIBITED JURISDICTION.

Your Account may be suspended or terminated if you or someone else uses it to engage in activity that violates these Terms and Conditions. You may cancel your Account at any time by contacting 54e Dev.

Q: What are my rights in the Services?

LICENSE

As a user of the Services, you require a license to use the Services. We are granting you that license on the terms set out in this section of these Terms and Conditions. That license only entitles you to be able to use our Services, but nothing further, and at all times subject to these Terms and Conditions.

The Services are licensed to you, not sold. We grant you a personal, limited, non-transferable, revocable and non-exclusive license to use the Services to which you have access for your non-commercial use, subject to your compliance with these Terms and Conditions. You agree not to use our Services for any other purpose. You do not receive any other license and we retain all right, title and interest in and to the Services. This means we own at all times all copyright, trademarks, code, software, themes, game names, storylines, dialogue, settings, artwork, sounds effects, music, in-app items, gameplay recordings, trade secrets, patents, titles, and any and all rights in, or derived from, the Services. You may not access, copy, modify or distribute any Service, Content or Entitlements (as those terms are defined below), unless expressly authorized by 54e Dev. You may not reverse engineer or attempt to extract or otherwise use source code or other data from the Services, unless expressly authorized by 54e Dev. 54e Dev or its licensors own and reserve all other rights, including all rights, title and interest in the Services and associated intellectual property rights. The license ends on the earlier of your disposal of the Services or our termination of the license in accordance with these Terms and Conditions. You shall not use the Services if you have previously been removed from using any part of the Services by 54e Dev, or previously been banned from playing any 54e Dev game.

Q: Who owns content and items generated from the game?

CONTENT AND ENTITLEMENTS

All Content and Entitlements (which are defined below) are either owned by 54e Dev or its licensors or is licensed to 54e Dev and its licensors.

“Content” is the software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or coming from the Services, including the use of in person course attendants, as well as the design and appearance of our websites. Content also includes UGC, which includes Account personas, forum posts, profile content and other Content contributed by users to the Services.

“Entitlements” are rights that 54e Dev licenses to you to access or use the online or off-line elements of the Services. Examples of Entitlements include access to digital or unlockable Content; additional or enhanced functionality (including multiplayer services); subscriptions; virtual assets; unlock keys or codes, serial codes or online authentication; in-game achievements; prize draw tickets; and virtual tokens or points (“Virtual Rewards”).

Touching specifically on Virtual Rewards, Virtual Rewards may be earned through gameplay or “purchased” with legal currency. You do not own Virtual Rewards but instead when you obtain Virtual Rewards from us or our authorized partners, you receive a personal, limited, non-assignable, non-exclusive, revocable license to access and select the Entitlements that 54e Dev expressly makes available to you. Virtual Rewards have no monetary value and have no value outside of our products and services. Virtual Rewards cannot be sold, traded, transferred, or exchanged for cash; it only may be redeemed for Entitlements available for the Service. Virtual Rewards are non-refundable, and you are not entitled to a refund for any unused Virtual Rewards. Once you redeem Virtual Rewards for an Entitlement, that Entitlement is not returnable, exchangeable, or refundable. Any balance of Virtual Rewards does not reflect any stored value.

You should specifically be aware of the following:

The Services permit in-app purchases of certain Virtual Rewards, which, as stated above, has no value (or any right to exchange the Virtual Rewards for fiat currency, cryptocurrency, or anything else) outside of the Services;
All Virtual Rewards are to be used within 180 days from the date of purchase or be subject to expiration, in the sole discretion of 54e;
If your Account is cancelled, suspended, or terminated for any reason, you will lose any Virtual Rewards or Entitlement that you may have and we will not compensate you for that loss or make any refund to you; and
If you successfully request that your personal data be deleted in accordance with the privacy policy, you will permanently lose all your Virtual Rewards, Entitlements, and other Account Information, and will not have any right to a refund. Once deleted, we can no longer associate, restore, or recover any Virtual Rewards or Entitlement with or for you.

Q: Who owns the content I create in the game?

USER-GENERATED CONTENT

We may allow you to upload, live stream, submit, or publish (collectively, to "submit") Content such as videos, recordings, images, and text. UGC remains your property but you will grant a license to 54e Dev to use that UGC.

Specifically, when you contribute UGC, you grant to 54e Dev, its licensors and licensees a non-exclusive, perpetual, transferable, worldwide, sublicensable license to use, host, store, reproduce, modify, create derivative works, publicly perform, publicly display or otherwise transmit and communicate the UGC, or any portion of it, in any manner or form and in any medium or forum, whether now known or later devised, without notice, payment or attribution of any kind to you or any third party. You also grant to all other users who can access and use your UGC on the Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant Service without further notice, attribution or compensation to you.

You are responsible for your UGC. You may not submit UGC that infringes a third party's intellectual property rights or that violates the law, these Terms and Conditions or a third party's right of privacy or right of publicity.

54e Dev may, in its sole discretion, remove, edit or disable UGC for any reason, including if 54e Dev reasonably determines that UGC violates these Terms and Conditions. 54e Dev does not assume any responsibility or liability for UGC, for removing it, or not removing it or other Content. 54e Dev does not pre-screen all UGC and does not endorse or approve any UGC available on the Services.

Q: Are there restrictions in how I can use the Services?

RULES OF CONDUCT

Your use of the Services is strictly tied to your compliance with these Terms and Conditions. Any use of the Services in violation with these Terms and Conditions is strictly prohibited and can result in the immediate revocation of your limited license and may subject you to liability towards 54e Dev or liability for violations of law.

You agree that you will only use the Services for lawful purposes, in compliance with applicable laws, for

your own personal, non-commercial use and not, under any circumstances:

Violate any law, rule or regulation.
Interfere with or disrupt any Service or any server or network used to support or provide the Service, including any hacking or cracking into the Service.
Use any software or program that damages, interferes with or disrupts the Service or another's computer or property, such as denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files and time bombs.
Interfere with or disrupt another player's use of the Service. This includes disrupting the normal flow of game play, chat or dialogue within the Service by, for example, using vulgar or harassing language, being abusive, excessive shouting (all caps), spamming, flooding or hitting the return key repeatedly.
Harass, threaten, bully, embarrass, spam or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc. Hate speech is not tolerated.
Contribute UGC or organize or participate in any activity, group or guild that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invades another's privacy, or is otherwise reasonably objectionable.
Publish, post, upload or distribute UGC or content that is illegal or that you don't have permission to freely distribute.
Publish, post, upload or distribute any content, such as a topic, name, screen name, avatar, persona, or other material or information, that 54e Dev (acting reasonably and objectively) determines is inappropriate, abusive, hateful, harassing, profane, defamatory, threatening, obscene, sexually explicit, infringing, privacy-invasive, vulgar, offensive, indecent or unlawful.
Post a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation or commercial activities.
Impersonate another person or falsely imply that you are an 54e Dev employee or representative.
Improperly use in-game support or complaint buttons or make false reports to 54e Dev staff.
Attempt to obtain, or phish for, a password, account information, or other private information from anyone else on the Services.
Make use of any payment methods to access or purchase the Services for fraudulent purposes, without permission of the authorized owner, or otherwise concerning a criminal offence or other unlawful activity.
Use any robot, spider or other automated device or process to access the Services for any purpose such as scraping data or copying material.
Modify any file or any other part of the Service that 54e Dev does not specifically authorize you to modify.
Use or distribute unauthorized software programs or tools (such as "auto", "macro", hack or cheat software), or use exploits, bugs or problems in the Service to gain unfair advantage.
Engage or assist in cheating or other anticompetitive behavior (such as boosting, collusion, and match or matchmaking manipulation).
Use or distribute counterfeit software or Content, including Virtual Rewards.
Attempt to use the Service on or through any service that is not controlled or authorized by 54e Dev.
Sell, buy, trade or otherwise transfer or offer to transfer your Account, any personal access to the Services, or any Content associated with your Account, including Virtual Rewards and other Entitlements, either within the Services or on a third-party website, or in connection with any out-of-game transaction, unless expressly authorized by 54e Dev.
Use the Service in a country in which 54e Dev is prohibited from offering such services under applicable export control laws.
If the Service requires you to create a "username" or a "persona" to represent yourself in-game and online, you should not use your real name and may not use a username or persona that is used by someone else or that 54e Dev determines is vulgar or offensive or violates someone else's rights.
Engage in any other activity that significantly disturbs the peaceful, fair and respectful gaming environment of the Service.
Use information about users publicly available in the Service (e.g. on a leaderboard) for any purpose unrelated to the Service, including to attempt to identify such users in the real world.
Circumvent technological measures designed to control access to, or elements of, the Services.
Do anything else that 54e Dev deems not to be within the spirit of fair play or intent of the Services.
Promote, encourage or take part in any prohibited activity described above.

54e Dev reserves the right to modify the list above at any time or to move the list to a separate Code of Conduct.

Q: What can lead to termination of my Account?/What if I want to stop using the Services?

TERMINATION

If you wish to terminate your Account, you may simply discontinue using the Services or contact us. Account termination may result in destruction of any Content, Virtual Rewards, and Entitlements associated with your account, so keep that in mind before you decide to terminate your Account. If you have deleted your Account by mistake, contact us immediately – we will try to help, but unfortunately, we cannot promise that we can recover or restore anything.

We may cancel, suspend, or terminate your access to and use of the Services and any registered Account immediately, at our sole discretion, without prior notice or liability, for any reason, including if:

you fail to comply with or breach these Terms and Conditions;
you open an account and/or participate in any tournament offered by 54e Dev while located in a Prohibited Jurisdiction;
we suspect fraud, cheating, or misuse by you of Content or Services; or
we suspect any other unlawful activity associated with your Account; or
your account has been inactive (i.e., not used or logged-into) for a particular period of time and we have made reasonable attempts to notify you of that inactivity prior to termination of your Account.

Upon termination of your Account, your right to use the Services will immediately cease.

We have no obligation or responsibility to, and will not reimburse or refund, you for any Virtual Rewards or Entitlements lost due to such cancellation, suspension, or termination. You acknowledge that 54e Dev is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Virtual Rewards and Entitlements when your Account is closed, whether such closure was voluntary or involuntary.

All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitation of liability.

Q: When will I get my prize?

PRIZES, DELIVERY CHARGES, AND TAXES

The Services include the opportunity to redeem Virtual Rewards for prizes. However, we make no guarantees to you that you will actually win or be able to redeem any prize by using the Services. All determinations with respect to prizes and winnings will be made in our sole and absolute discretion and will be final and binding on you in all respects. Virtual Rewards redeemed for prizes cannot be re-converted back into Virtual Rewards.

Where prizes are concerned, you specifically acknowledge and agree that:

you are eligible or were at the time of your participation to receive a prize, and that we may require that you provide proof satisfactory to us in our sole discretion;
if you receive a prize in error, we may reverse or require return of the prize;
the prizes offered may at times be the products of third-party resellers or suppliers and are not under our control or responsibility; and
we have no liability with respect to the prizes, including with respect to availability, quality, defects, color, variations from the picture, including any claim under any theory of product liability or any descriptions that are provided by the applicable manufacturers and/or distributors of the prizes.

When it comes to delivery of the prizes, you specifically acknowledge and agree that:

our sole responsibility is to arrange the delivery of the prize to you at the redemption address provided by you to us and you represent and warrant the completeness and accuracy of the physical address provided to us listed for redemption is your redemption address;
we are not responsible for any incomplete or inaccurate information supplied by users;
if prize becomes unavailable for some reason we will provide an equivalent prize;
some prizes may not ship to P.O Boxes; and
we will strive to deliver prizes within up-to seven (7) weeks and make reasonable efforts to ship even sooner when possible, however, shipping is done by third party service providers and therefore the exact shipping time is not guaranteed.

To receive a prize, you will be responsible for all taxes, levies, government fees, shipping, handling, custom duties, or other delivery charges or any other expenses or fees of any kind whatsoever associated with that prize (“Prize Charges”). We will, to the extent reasonable and possible, try to inform you in advance of any Prize Charges but we cannot guarantee we will always advise you of every Prize Charge that may be applicable to you.

Any prizes won by you will not be returnable or exchangeable, except in the event the prize received was delivered damaged or broken. In the case of damaged or broken prizes, you must notify us about the incidence within five (5) business days following the receipt of the prize. Following your providing that notification, you will return the damaged prize to us, at your cost, by registered mail to such other address provided by us. When we receive the damaged or broken prize, we will ship a replacement product similar to the prize to you. In the event an identical prize replacement is not possible due to the prize being out of stock or otherwise not practicable, we will suggest to you an alternative equal in value to the non-replaceable prize and will ship to you the alternative prize chosen by you, at your cost.

The following persons are ineligible to receive a prize offered through the Services: employees, officers, and directors of 54e Dev, its subsidiaries, affiliates and related companies.

Q: How do tournaments work?

TOURNAMENTS

The Services include the opportunity to participate in tournaments. However, we make no guarantees to you that you will be able to participate in a tournament. All determinations with respect to tournaments and rules and eligibility will be made in our sole discretion and will be final and binding on you in all respects. The results of all tournaments offered depend on the number and skill levels of players participating. We reserve the right to create and modify specific rules and eligibility of tournaments at any time, including canceling or closing any tournament, and any refund of entry fees as applicable.

In the event of a tie, the player who plays their round first is considered the leader.

Q: How do prize draws work?

PRIZE DRAWS

OneShot Golf is a game of skill, not chance. OneShot Golf requires players to use skill and strategy. No purchase is necessary to participate in any Prize Draws through the the app.

The service will conduct multiple daily, weekly, and monthly prize draw contests. These can be found in the “Win” Tab in the app. For any Prize Draws offered: A drawing will be conducted after each Contest Period.

What is a Prize Draw?

Prize Draws are a feature within the app that allow players to use their skill to win various ticket types that can be used to enter draws for various prizes. If a player scores a shot on a ‘ticket’ hole they win the amount of tickets indicated on that hole. The ticket types can then be used to join a corresponding prize draw that accepts that type of ticket. Draws are performed at the time of day indicated on the Prize Draw entry screen. Won prize draw tickets are subject to expiration, in the sole discretion of 54e. Users may also enter a draw by mailing one (1) white postcard per day with your in-game username and linked email address (found on the profile screen in the app) as well as your address, city, province or territory, postal code and telephone number handwritten in black ink to: 54e Dev Studios, 106 Victoria Avenue East, Suite 105, Regina, SK, S4N 0N4. Upon receipt of a valid mail-in entry a user's account will be credited with one of each valid type of prize draw ticket at the time of receipt. Each postcard must be unique and no script, macro, robotic or other program-assisted, mechanically reproduced, bulk or mass entries are permitted. By submitting an entry into a prize draw, you are agreeing to all rules of the prize draw.

Verification of Winners and Delivery of Prizes

Winners are selected at random for each Prize Draw and the contest judges’ decisions are final. Each potential winner must comply with all terms and conditions set forth in the complete Terms of Service, and winning is dependent upon fulfilling all such requirements. Winners are selected at random for each draw and will be notified in the app at the conclusion of the prize draw. In the event of non-OSG point prizes, the OSG team will reach out to the winner via email to fulfill the prize. We are not responsible for notifications that are misdirected or not received because of email addresses that are not correct, incorrect addresses provided, or email messages that are sent to spam. If a winner cannot be contacted within seven (7) days after the first attempt to contact the winner, such person may be disqualified and an alternate winner may be selected. If the prize notification is returned as non-deliverable, the winner may be disqualified and another winner may be selected. Past prize draws and winners can be found in the app under the Recent Winners tab of the Prize Draw screen.

Prizes

The prizes offered in the OneShot Golf app are products of third party resellers or suppliers and are not under the control or responsibility of the Company. For Physical Prizes, the company’s sole responsibility is to arrange the delivery of the prize to the winning User solely at the home address provided by such User to the Company and the User represents and warrants that such address provided to the Company is the User’s home address. Prizes are not transferable and no token or point alternative will be offered.

Apple is not a sponsor of or involved in any way with any contests, prizes, prize draws, or tournaments.

Gift Cards

Company may also offer as prizes gift cards that offer credit to third party products or services. Company shall not have any liability or responsibility for the products or services purchased with the gift cards from such third parties. It is hereby clarified that gift cards may not be redeemed for cash.

Q: What advertising can I expect on the platform?

ADVERTISING

You understand that our Services may feature advertisements from us and/or third parties and that we may at our sole discretion introduce advertising into any of our Services that do not presently contain advertising, unless we have explicitly stated that that Service will be an advertising-free Service. We are not responsible for the content of any third party advertisements, nor the content of any website or other materials that may be linked to by third party advertisements, and you view those third party websites and materials at your sole risk and we may provide information to third party advertisers in accordance with our privacy policy.

Q: How do you handle my personal information?

PRIVACY

Please refer to our privacy policy found here Oneshotgames.com/privacy for information on how we collect, use, and disclose information from our users.

We take appropriate measures to prevent unauthorized access to, improper use of and the reasonable accuracy of your personal data submitted to us via the Services. We use various technologies, including, in certain instances, encryption, to ensure the high security standards. Any data that is stored on our servers is not generally available to the public. However, the use of internet services always includes security risks.

When you use the Services, we may collect and store data from your computer or device, including information about your computer or device, hardware, installed software, and operating system (such as IP Address and device ID), information about your Service usage, gameplay and usage statistics, system interactions and peripheral hardware. If you play the Service offline, this data will be stored on your device and transmitted to us when your device connects to the Internet. We use this information to operate our business, improve our products and services, provide services to and communicate with you (including for marketing purposes), provide software updates, dynamically serve content and software support, enforce these Terms and Conditions, and trouble-shoot bugs or otherwise enhance your experience. If you participate in online services, we also may collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings and achievements), or identify content that is created and shared by you with other players.

Any personal information that we collect may also be subject to the policy of any social network that you may agree to link our Services to. If you use our Services and you agree to allow them to interact with a social network, then you are giving us permission to use any information which that social network shares with us that will allow us to personally identify you. You are also granting us permission to help your contacts on that network find you so that you can play socially. This is intended to make our Services more enjoyable for you and others that use our Services on that social network. If you do not agree to these practices you should not allow our Services to interact with your social network.

We may use cookies, or similar technologies to store certain types of information each time you use our Services. They may for example be used to help us recognize your device and to ensure that your Account is accessed by the person that inputs the correct username and password for that Account. You can find out more about how we use cookies and other similar technologies by reading our privacy policy.

Q: Do you provide any warranties for the Services?

DISCLAIMER OF WARRANTIES

We do our best to keep Services up and running; however, all online services suffer occasional disruptions and outages. Specifically, in the case of the Services, there is always the possibility that our robots, which facilitate the physical elements of the Services, may stop working. We are not responsible or liable for any disruption or loss you may suffer as a result of these types of events occurring. However, we will do what we can to restore Service as reasonably quickly as we can in the circumstances.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ALL SERVICES, PRODUCTS, INFORMATION AND DATA PROVIDED OR MADE AVAILABLE BY US OR OUR DEVELOPER PARTNERS (INCLUDING WITHOUT LIMITATION DIGITAL ASSETS, VIRTUAL REWARDS, ROBOTIC HARDWARE, AND SOFTWARE) ARE “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND YOU ASSUME THE ENTIRE RISK WITH RESPECT THERETO. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT SERVICES, YOUR ACCOUNT, SOFTWARE, THE WEBSITE AND/OR DIGITAL ASSETS WILL BE SECURE, VIRUS-FREE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SAME WILL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD PARTY COMPONENT, TECHNOLOGY, HARDWARE, SOFTWARE OR SYSTEM. WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF YOUR USE OF THE SERVICE, NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH US HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATION OR WARRANTY. THE SERVICE IS VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAW.

Your use of the Service is at your own risk, and you agree not to hold us responsible or liable if applicable laws restrict or prohibit your access or participation.

Q: What are you liable for?

LIMITATION OF LIABILITY

As a provider of services to many users, we must limit our liability to ensure our business model makes economic sense. While we do not anticipate you suffering losses or damages because of using the Services, there is always the potential this can occur. In those circumstances, however, our liability will generally be limited to the amount of money which you have paid to us.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER WE, NOR OUR DEVELOPER PARTNERS, SUPPLIERS OR LICENSORS, WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR INCIDENTAL DAMAGES, ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE OR ANY INFORMATION, SERVICES, PRODUCTS OR SOFTWARE MADE AVAILABLE OR ACCESSIBLE TO YOU, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION OR OTHERWISE, EVEN IF WE OR OUR DEVELOPER PARTNERS, THIRD PARTY SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OUR MAXIMUM LIABILITY TO YOU ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS SHALL NOT EXCEED THE AMOUNT OF FUNDS WHICH YOU HAVE PAID TO US IN RESPECT OF THE SERVICES. THE EXISTENCE OF ONE OR MORE CLAIMS BY YOU WILL NOT INCREASE OUR LIABILITY. IN NO EVENT SHALL OUR DEVELOPER PARTNERS, SUPPLIERS OR LICENSORS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO OUR PRODUCTS, INFORMATION OR SERVICES.

Q: Can I be liable to you for anything?

INDEMNIFICATION

As noted earlier, there are multiple ways for you to contribute content towards the Services as well as participate in the community around the Services. While we hope you will contribute and participate in a positive and lawful manner, the possibility exists that some users may not. In those cases, specifically where a user has infringed the intellectual property rights of third parties, we will seek indemnification from those users.

Consequently, you agree to indemnify, save, and hold 54e Dev, its affiliated companies, officers, directors, contractors, employees, agents, third-party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, including legal fees and expenses, arising out of or relating to:

your use or misuse of our Services or goods or services obtained in connection therewith;
any breach or violation of these Terms and Conditions;
our use of your UGC; or
any breach of the representations, warranties, and covenants made by you herein.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such matter upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your Account or of our Services.

Q: How do the Services interact with third party software?

THIRD PARTIES

The Services may include hyperlinks to third-party websites. Those sites may collect data or solicit personal information from you. 54e Dev does not control those sites and is not responsible for their content or for their collection, use or disclosure of personal information.

Additionally, Apple Inc. or Google, Inc., or Microsoft Corporation will be a third-party beneficiary to this contract if you access the Services using applications developed for Apple iOS or Android , or Microsoft Windows-powered mobile devices, respectively. These third-party beneficiaries are not parties to these Terms and Conditions and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary's terms of service.

Q: How are updates to the Services handled?

UPDATES AND ACCESS TO OUR SERVICES

We do not guarantee that any Services, Content or Entitlement will be available at all times, in all locations, or at any given time or that we will continue to offer a particular Service, Content or Entitlements for any particular length of time. We do not guarantee that the Services can be accessed on all devices, by means of a specific Internet or connection provider, or in all geographic locations.

You understand that there may be times when our Services or any part of our Services are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.

From time to time, we may update, change or modify the Services, Content or Entitlements, without notice to you. These updates and modifications may be required in order to continue to use the Services.

We may need to update, or reset certain parameters to balance game play and usage of the Services. These updates or "resets" may cause you setbacks within the relevant game world and may affect characters, games, groups or other Entitlements under your control.

INFORMAL DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

If a dispute arises between you and us, we prefer amicable resolution to protracted legal battles. To that end, we have created an informal dispute resolution program we believe can resolve most matters. Before initiating any arbitration or court proceeding, you must first exhaust these steps to resolution:

CHECK THE FAQ: You can start your resolution process by reviewing our “Help/FAQ” section for the applicable game or Services. Each “FAQ” section is specific to each game and addresses the most commonly asked questions or concerns players may have, so please start there.

IN-GAME SUPPORT: If our FAQs did not resolve the issue, please complete a help ticket in-game, and be sure to clearly state your issue in the ticket. All tickets are reviewed by our player care team, who will work with you to resolve the issue through the inbox message system in your Account. Please bear with us; we may need to research your issue to fully resolve the ticket, and this may require us to ask further questions and engage with you over several communications. Although most issues can be resolved in this way, certain issues may require further escalation, as reasonably determined by us.

ESCALATION: If you have followed the above steps, but you feel that the issue remains unresolved after our agents have stated that a matter is closed, please email us and include a reference to the help ticket and specific issue you believe is unresolved. Our player care leads will work with you further to resolve your issue. In some cases, we may address the issue remotely. In others, we may ask to speak with you directly and will arrange a mutual time to discuss your matter. If you provide us with your phone number for this purpose, it will not be used for other purposes.

If your issue remains unresolved after you have exhausted our informal dispute resolution system above, you may seek to resolve it through binding arbitration as follows:

You agree to resolve any dispute arising out of or related to these Terms and Conditions or our Services on an individual basis through final and binding arbitration, provided you have exhausted the dispute resolution steps above and the dispute remains unresolved. These Terms and Conditions Will preclude you from bringing any class action against 54e Dev. These Terms and Conditions apply to all kinds of claims under any legal theory. It also applies even after you stop using your Account or have deleted it.

An arbitration proceeding proceeds before a neutral arbitrator instead of a judge and jury, so we both agree to give up our right to a trial before a judge or jury. Arbitration proceedings have different rules than lawsuits in court. Arbitration is less formal and provides limited opportunity to compel the other side to share information relevant to the dispute—a process called discovery. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. But, if you or we do not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision. If we have a dispute about whether these Terms and Conditions respecting arbitration can be enforced or applies to our dispute, we all agree that the arbitrator will decide that too, rather than a court or other agency. Unless you and 54e Dev otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Q: What else do I need to know?

GENERAL TERMS

These Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Saskatchewan and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of the Province of Saskatchewan or any other jurisdiction) and notwithstanding your domicile, residence or physical location.

Any action or proceeding arising out of or relating to these Services and under these Terms and Conditions will be instituted in the courts of the Province of Saskatchewan and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Terms and Conditions, together with any other terms that govern your use of the Services, constitutes the entire agreement between you and 54e Dev. These Terms and Conditions may not be amended or modified unless made in writing and signed by 54e Dev. The failure of 54e Dev to exercise any right under these Terms and Conditions shall not constitute a waiver of the right or any other right. If any part of these Terms and Conditions is held to be unenforceable, all other parts of these Terms and Conditions shall continue in full force and effect.

We may wish to transfer all or a part of our rights or responsibilities under these Terms and Conditions to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these Terms and Conditions unless we first agree to this in writing.