Terms of Service

Terms of Service

Last Updated: January 22, 2024

PLEASE READ THESE TERMS OF SERVICE CAREFULLY PRIOR TO USING THE SERVICE. YOUR USE OF THE SERVICE(S) CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF SERVICE.THESE TERMS OF SERVICE INCLUDE, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.

These terms of service (this "Agreement" or "TOS") set forth a legally binding contract between You and Innovation Casualty Limited, ("Innovation Casualty," "we," "our," or "us"), governing Your access and use of all our websites, including affiliated websites owned and operated by us (collectively, our "Site"), our applications, games, and any related services (collectively, the "Service"), whether provided directly by us or by any third-party (e.g. Apple App Store, third-party game website, etc.). "You," "Your," and "Yourself" mean the person who uses the Service.

We (“company,” “we,” “us, or “our”) hope you’ll enjoy being a member of our large community by participating in tournaments and competitions (collectively, “competitions”) of our games. We developer and provide skill-based online games and services (collectively the “Services”).

By using the Service, You agree that You have read, understand, and agree to be bound by the terms of this Agreement. In addition, when accessing or using certain elements of the Service, You will be subject to any additional terms, as applicable, which are hereby incorporated by reference into this Agreement, including, without limitation, our Privacy Policy and any end user license agreements for any of our software that You use to access to the Service. In case of any conflict between this Agreement or other published terms related to the Service, this Agreement will prevail.

1. Requirements for Accessing and Using the Service.

Without limiting any other provisions of this Agreement, in order to use the Service, You must (a) be at least 18 years old and able to enter into this legally binding Agreement with Innovation Casualty; (b) obtain the permission of Your parent or legal guardian to use the Service if You are under 18 years old (or older if residing in a state or country where the majority age is older); (c) accept and agree to all the terms of this Agreement; and (d) comply with all of the terms and conditions of this Agreement and all applicable law.

1.1 For U.S. To be eligible to register an Account, to participate in any Competition or receive Services, and/or to download Software, you must: (i) be an adult of the legal age of 18. (ii) be physically located within a U.S. state in which participation in the Competition you select is unrestricted by that state’s laws; (iii) be legally and financially responsible for all actions using or accessing our software, including the actions of anyone you allow to access to your account. (iv) affirm that you have reached the legal age of majority, understand and accept this agreement (including its dispute resolution terms). if you are under the legal age of majority, your parent or legal guardian must consent to this agreement.

Non-U.S. To be eligible to register an Account, to participate in any Competition or receive Services, and/or to download Software, you must: (i) be an adult of the legal age of 18. (ii) be physically located at a jurisdiction in which participating a competition is permitted and unrestricted by that state or country’s laws; (iii) be legally and financially responsible for all actions using or accessing our software, including the actions of anyone you allow to access to your account. (iv) affirm that you have reached the legal age of majority, understand and accept this agreement (including its dispute resolution terms). if you are under the legal age of majority, your parent or legal guardian must consent to this agreement.

1.2 When you create an Account, you will be asked for a legitimate email address that you control and to create a password.

We reserve the right to verify your account registration details, such as name, address, age, and payment methods used, at any time, by requesting copies of certain documents, including an identity card issued by a government agency, proof of address such as a utility bill, and proof of your payment method. We may request that document copies are notarized by a Notary Public. In the event that a request for copies of documents is not completed by you, we may, at its sole discretion, terminate your account, and withhold any funds that are present therein.

You agree to promptly update the registration data to keep it accurate, current and complete, to provide additional information as part of ongoing efforts to prevent illegal and fraudulent activities, and/or to comply with any other policies or protocols we elect to put in place. You agree that all information and data that you provide to us, either at the time you register for an account or at any subsequent time, will be truthful, accurate and verifiable in all respects and, by providing such information and data, you consent to us submitting it to third-party providers of age verification and identification services to verify your account.

We reserve the right at any time to investigate your account and the information provided pursuant to registration thereof, including performing background checks and credit checks, in order to ensure compliance with these Terms and our obligations, and to ensure that no improper or illegal activity is or has taken place. By registering an account, participating in any competitions and tournaments and using or otherwise accessing the Services, you affirm consent to such. In the event that we determine that your account has been involved in any illegal or improper activity, we reserve the right to terminate your account without notice or liability.

2.Your Limited Right To Use the Service.

Subject to the terms of this Agreement, and only as long as You fully comply with its terms, You are granted the non-exclusive, non-transferable, revocable, limited, personal license (expressly subject to the limitations below) to access and use the Service solely for Your personal, non-commercial entertainment purposes. The Service and the Site are protected by federal and common law copyrights (for the images, content, music, and associated source code), federal and common law trademark rights, trade secret and other proprietary rights and laws (collectively, the "Intellectual Property Rights"). You acknowledge and agree that: (a) the Intellectual Property Rights are and will remain the sole and exclusive property of Innovation Casualty, (b) You do not acquire any ownership rights in or to the Intellectual Property Rights, except as expressly granted in this Agreement, and (c) You will not use the Service in any way other than as expressly permitted in this Agreement or with prior written permission from Innovation Casualty. Any rights not expressly granted in this Agreement are reserved by Innovation Casualty.

3.Prohibited Activity.

Without limiting any other terms of this Agreement, You agree that You will not, under any circumstances:

Create more than one Account (as defined below) for using the service ;

Misrepresent Yourself to us or any other user of the Service;

Sell, rent, gift, trade, barter, exchange, or otherwise transfer or commercialize any Virtual Items (as defined below), or other rights to the Service, except as expressly provided in this Agreement;

Create, use, distribute, or promote any cheats, hacks, tools, or other computer programs that alter gameplay or the Service or use any other game file other than those provided by Innovation Casualty to access the Service;

Use the Service to send "spam" messages or advertise or promote goods or services;

Use any macros, auto-looters, bots, auto-refreshers, or other software programs or add-ons to automate gameplay or the Service;

Exploit glitches, bugs, errors in design, or undocumented features in the Service to gain access to restricted content or features, avoid payments, or obtain a gameplay advantage;

Attempt to bypass encryption, security, or game control measures in the Service;

Hack, interfere with, or disrupt the Service or any computers or networks connected to or enabling the Service;

Use the Service to post or otherwise transmit (a) any email addresses, personally identifying information (other than Your User Information (as defined below)), or content that is threatening, abusive, bullying, harassing, defamatory, obscene, pornographic, invasive of another's privacy, or discriminatory; (b) any content that You are prohibited by applicable law or contract from posting or transmitting; (c) any content that poses or creates a privacy or security risk to any person; or (d) any content that You did not create or to which You do not have sufficient rights to post or transmit;

Upload any files containing viruses or any other computer code, files, or programs designed to interfere with the functioning of the Service, including, but not limited to, any software, hardware, or communication system related thereto;

Post content or engage in conduct that, in Innovation Casualty's sole judgment, may expose Innovation Casualty or its users to any harm or liability;

Reverse engineer, copy, frame, distribute, sell, modify, de-compile or disassemble, or otherwise attempt to discover any source code of, in whole or in part, or create a derivative work of the Service (including, without limitation, any software underlying the Service), except as expressly permitted by applicable law or applicable, valid open source license; or

Engage in or use any data mining, robots, scraping, or other automated data gathering or extraction methods in connection with the Service.

4.Your Account.

In order to access certain aspects of the Service, You may need to create an account (an "Account") on the Site or on Google play, Apple store, or another third-party platform authorized by us. If You access or download any portion of the Service through a third party, You will be subject to such third party's terms and conditions in addition to this Agreement. To create an Account, You must select a password and provide certain user information that may contain personally identifying information and payment account information ("User Information"). All User Information You provide us from time to time must be truthful, accurate, current, and complete. You agree to promptly notify us of any changes to Your User Information. Our Privacy Policy governs our collection, use, and storage of Your User Information. You are solely responsible for ensuring the confidentiality of Your Account credentials (i.e., Your Account password and login information) and maintaining the security of such information. You agree not to authorize any other person to use Your Account credentials to access the Service. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, YOU ARE SOLELY RESPONSIBLE FOR ALL TRANSACTIONS AND OTHER ACTIVITIES AUTHORIZED OR PERFORMED USING YOUR ACCOUNT CREDENTIALS, WHETHER AUTHORIZED BY YOU OR NOT, INCLUDING, BUT NOT LIMITED TO, ACTUAL OR ALLEGED FRAUD, TRANSACTIONS INVOLVING VIRTUAL CURRENCY, AND UNAUTHORIZED PAYMENTS. You must notify Innovation Casualty immediately at support@Innovationcasualty.com if: (1) You believe any of Your Account credentials have been obtained or used by any unauthorized person or (2) You become aware of any other breach or attempted breach of the security of the Service or Your Account. In order to use certain aspects of the Service, You may need certain equipment and/or hardware and You may need to download and update certain third-party software for which certain third-party fees may apply. You are solely responsible for any and all third-party fees that You may incur in connection with Your use of the Service, including, but not limited to, any fees for cellular data usage or Internet use.

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in any account stored or hosted on our system and that all rights in and to such accounts shall at all times be owned by and inure to the benefit of Innovation Casualty.

5.Suspension and Termination.

Except as otherwise prohibited by applicable law and without limiting any other provisions of this Agreement or our rights or remedies under applicable law or this Agreement, You agree that Innovation Casualty, in its sole discretion, may suspend or terminate Your Account and/or Your access to and use of the Service, without notice and liability to You or any third party, at any time and for any reason, including, but not limited to, Your actual or suspected violation of this Agreement or applicable law. Upon any such suspension or termination, Your license to use the Service will immediately be suspended or terminated (including Your license to Virtual Items), and Innovation Casualty may immediately deactivate or delete Your Account and all related information and files in Your Account, except as otherwise prohibited by applicable law. If You wish to terminate this Agreement, You must stop using the Service. The provisions of Sections 2, 4-12, and 14 shall survive any termination of this Agreement for any reason.

6.Your Content.

You are solely responsible for all content You upload, transmit, post, publish on or through the Service (collectively, "User Content"). By posting User Content on or through the Service, You hereby grant Innovation Casualty and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, and irrevocable license to copy, display, transmit, perform, distribute, store, modify, sublicense, and otherwise use Your User Content in any way and for any purpose in connection with the Service in accordance with our Privacy Policy, and, to the extent permitted by applicable law, You hereby completely and irrevocably waive any moral rights or similar interest(s) with respect to Innovation Casualty's use of Your User Content used by Innovation Casualty. The license for User Content granted to Innovation Casualty in this Section, and the related waiver of any applicable moral rights, shall survive any termination of this Agreement.

When You post User Content on or through the Service, You represent and warrant that You have the right, power, and authority to post that User Content and grant the license in this Section. You further represent and warrant that by posting such User Content You are not violating any third-party rights of any kind, including, without limitation, any intellectual property rights, rights of publicity, and privacy rights. To the extent Your User Content may be copyrightable, You represent, warrant, and covenant that You are the owner of all the copyright rights to such User Content and that Innovation Casualty may exercise the rights to Your User Content granted under this Agreement without any liability or obligation for any payment to You or any third parties.

You agree that You must evaluate, and bear all risks associated with, the use of any User Content uploaded, transmitted, posted, published on or through the Service by others, including any reliance on the accuracy, completeness, or usefulness of such User Content. You are solely responsible for Your interactions with any other user. Innovation Casualty reserves the right, but not the obligation, to become involved in any disputes between users in connection with the Service.

Before publishing any User Content on or through the Service, You should keep in mind that other users may view, use, reproduce, or appropriate Your User Content in ways that You may not approve or authorize. All User Content is deemed non-confidential public information in which You should have no expectation of privacy. We cannot be responsible for any third party use or misuse of Your User Content You make available on or through the Service.

Without undertaking any obligation to screen or monitor User Content, Innovation Casualty has the right (but not the obligation) to edit, modify, refuse to post or remove any User Content that it determines, in its sole discretion, violates this Agreement or is otherwise objectionable. You acknowledge and agree that Innovation Casualty may, but is not obligated to, preserve User Content and may also disclose User Content to the extent permitted by applicable law and as provided in our Privacy Policy.

Innovation Casualty does not wish to receive and will not accept unsolicited ideas or suggestions as a general matter of policy. Any suggestions, feedback, or data that You submit, post, publish, or otherwise publicize on, through, or in connection with the Service are deemed User Content and are governed by this Agreement. You acknowledge that we have no obligation to accept, use, return, evaluate, or consider such ideas or suggestions, and we will be entitled to use and disseminate such ideas and suggestions without restriction and for any purpose whatsoever without acknowledgment or compensation to You or any third party.

7.Digital Millennium Copyright Act.

Notice of Infringement. If You are a copyright owner or agent thereof and believe any User Content infringes upon Your copyrights, You may submit a written notice pursuant to the Digital Millennium Copyright Act ("DMCA") to our copyright agent at INNOVATION CASUALTY LIMITED ADDRESS: FLAT B5, 1/F., MANNING IND.BUILDING, 116-118 HOW MING STREET, KWUN TONG, KOWLOON HONG KONG, support@innovationcasualty.com

In order to take action, Your notice must: (a) include Your physical or electronic signature; (b) identify the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site; (c) identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and provide information reasonably sufficient to permit us to locate the material; (d) provide a way for us to contact You, such as Your address, telephone number, or email address; (e) provide a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or applicable law; and (f) provide a statement that the information in the notice is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We cannot take action unless You give us all required information, and You acknowledge that if You fail to comply with all of the requirements of this Section, Your DMCA notice may not be valid. Without limiting any other provisions of this Agreement, we may terminate Your Account if You repeatedly infringe upon third-party copyright rights.

Counter-Notice. If You believe that Your User Content that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner's agent, or pursuant to applicable law, to post and use such material, You may submit a written counter-notice to our copyright agent at:

Innovation Casualty

1020 SE 7th Ave

#14099

Portland, OR 97293

USA

Fax: click to view number

DMCANotice@Innovation Casualty.com

In order to take action, Your counter-notice must: (a) include Your physical or electronic signature; (b) identify Your User Content that has been removed or to which access has been disabled and the location at which Your User Content appeared before it was removed or access to it was disabled; (c) include a statement, under penalty of perjury, that You have a good faith belief that Your User Content was removed or disabled as a result of mistake or a misidentification of Your User Content; and (d) include Your name, address, and telephone number, and a statement that You consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if Your address is outside of the United States, for any judicial district in which we may be found, and that You will accept service of process from the person who provided the DMCA notice to us or an agent of such person. If a proper counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed User Content or cease disabling it in ten business days. We may, in our discretion, replace or restore access to the removed User Content and cease disabling access to it in 10 to 14 business days or more after receipt of the counter-notice, unless our designated agent first receives notice from the person who submitted the DMCA notice that such person has filed an action seeking a court order to restrain the owner of the removed User Content from engaging in infringing activity relating to such User Content.

8. Winnings, Account Funds, And Payments

8.1. Fees. Fees and payments for Services that you pay to participate in Competitions (“Fees”) and billing procedures are detailed in the billing application. If Fees are charged to your Account, you agree to pay those Fees. All Fees are stated in U.S. Dollars, must be prepaid and are non-refundable. You are fully responsible and liable for all charges, deposits and withdrawals made under your Account, including any unauthorized charges, deposits or withdrawals. The price of Services may change at any time, but no price change will affect your past purchases.

8.2. Billing. We may change Fees and billing procedures by updating the billing application with or without notice to you. By providing a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize us to charge you for the Services using your payment method; and (iii) authorize us to charge you for any paid feature of the Services that you choose to sign up for. We may bill you (a) in advance; (b) at the time of purchase; or (c) shortly after purchase, in our sole discretion. You must tell us within 120 days after an error first appears on your bill for an investigation of the charge to occur promptly. After 120 days from the first appearance of the error, we (i) will not be liable for any losses resulting from the error and (ii) will not be required to correct the error or provide a refund. If we identify a billing error, it will be corrected within 90 days. You must pay for all reasonable costs we incur to collect any past due amounts, including without limitation reasonable attorneys’ fees and other legal fees and costs.

8.3. Payment Agents. You acknowledge and agree that we may, from time to time and without notice, appoint one or more Payment Agents to process or make payments from or to You on our behalf. If you resident in the US, your payment may be processed by Innovation Casualty. You agree that we and/or our Payment Agents and payments facilitators may store your payment information (e.g., card number or token) to process your future purchases. By accepting these Terms and Conditions, you authorize us and/or our Payment Agents and payments facilitators to store your payment credentials in compliance with applicable payment processing regulations.

8.4. Cash Deposits. If you play games integrated in a Competition without depositing U.S. Dollars into your Account for that Competition, then you are a “Non-Cash Player” with respect to such Competition. However, if you play in a Competition that requires an entry fee paid in U.S. Dollars (“Cash Competition”), then you are a “Cash Player”, and if you establish a positive Account balance for entry fees for Cash Competitions, then you must submit and maintain at all times the following current and correct information: your full name, your permanent residential address, your phone number and your credit card or other payment information. Participating in Cash Competitions may require establishing a positive Account balance in any amount we determine. If you are a Cash Player, by submitting this information, you consent to allowing us to share your personal and payment information in confidence with third party service providers for the purposes of validating your identity and assessing the transaction risk associated with accepting your selected method of payment, and for any other purpose as detailed in our Privacy Policy. If you make a credit card deposit, an authorization request will be submitted to the issuing bank of at least Ten U.S. Dollars ($10.00) to your credit limit, even if the actual amount charged may be lower. When you withdraw funds from your account, you may be required to submit your social security number or other identifying information. Failure to provide your social security number or other requested identifying information at that time may result in inability to process your withdrawal for any winnings.

8.5. Bonus Funds. If you are a Cash Player, then you may be granted bonus funds and/or credits (“Bonus Funds”). Bonus Funds can be used to enter Cash Competitions, but cannot be withdrawn for “real world” money, goods, or any other item of monetary value from us or any other party. You could not purchase real cash or bonus funds through any other websites.When you enter a Cash Competition, US $0.01 (one U.S. cent) of Bonus Funds will be used to enter the competition for every US $0.10 (ten U.S. cents) spent on the Cash Competition entry fee. Notwithstanding the foregoing, additional Bonus Funds will be used to enter Cash Competitions if Bonus Funds are the only currency available in your account. When you win a Cash Competition, any Bonus Funds that you have used to pay the entry fee will be returned to you and any additional winnings beyond your entry fee will be paid in U.S. Dollars. If you initiate a withdrawal of funds from your Account, you will forfeit all Bonus Funds currently in your Account. If you do not enter a Cash Competition within a continuous 60-day time period, all Bonus Funds in your account will be forfeited.

8.6. Withdrawals. If you are a Cash Player, you may request a withdrawal of funds from your available Account balance at any time. Digital Assets and Bonus Funds cannot be withdrawn. Processing of requested funds is made by check or by refund to the payment method used to make your deposit and may take up to ninety (90) days; provided, however, that we may freeze your Account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected Abuse, verification of eligibility or to comply with Applicable Laws. A check request processing fee of up to $2.00 for any withdrawal of less than $10.00 may be assessed.

8.7. Closing Accounts; Forfeiture of Funds. If you close your Account, funds in your Account will be returned subject to the terms of Section 8.6. If your Account is unilaterally closed or terminated for cause as allowed in these Terms, funds in your Account may be forfeited and not returned to you. If your funds are forfeited by you in accordance with this Section or Sections 8.10 hereof, these funds may be used to defray the costs of administration and enforcement of these Terms, allocated or disbursed such amounts to other Services or donated these funds.

8.8. Account Monthly Maintenance Fee. If your Account is inactive (i.e. you have not entered at least one (1) tournament) for six (6) consecutive months or more, a maintenance fee of $2.00 per month may be charged (the “Monthly Maintenance Fee”). After five or more months of inactivity you will be notified by email that if your Account remains inactive for one more month, the Monthly Maintenance Fee will be deducted from your Account each consecutive month after that that it remains inactive. The Monthly Maintenance Fee will not be deducted from your Account if there are no funds in your Account. However, if your Account has no funds and has been inactive for twelve or more consecutive months, your Account may be closed. Before your count is closed, you will receive an email for reminder (if we have your correct email address) or another form of written message (e.g., an in-App message).

8.9. Refund Policy. To the maximum extent allowed by applicable laws, no refund is given.

8.10. Winnings. If you are eligible to receive Winnings, in our capacity, we may require that you provide proof that you are, or were at the time of your participation in the subject Competition, eligible to participate in accordance with these Terms and that your participation was in accordance with these Terms. If you do not provide such proof to our reasonable satisfaction, then you will not receive the relevant Winnings. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with our efforts to do this. We may also reduce payment to you without notice to adjust for any previous overpayment.

8.11. Credit Card Use. When you pay for any charges by credit card, you represent to us that you are the authorized user of such credit card. You must promptly notify us of any changes to your credit card account number, its expiration date and/or your billing address, or if your credit card expires or is canceled for any reason. We are not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with the Services. Any attempt to defraud through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment, will result in immediate termination of your Account, forfeiture of Winnings, and pursuit of civil litigation and/or criminal prosecution.

8.12. Taxes. You are solely responsible for recording, paying, and accounting to any relevant, governmental, taxation, or other authority for any tax or other levy that may be payable on any winnings paid to you in your jurisdictions. Without limiting the foregoing, we may withhold from your existing Account balance and/or from future Winnings any amount required to be withheld by Applicable Laws in your jurisdictions, including amounts due in connection with your failure to complete relevant tax documentation, but you remain solely responsible for paying all federal, state and other taxes in accordance with all Applicable Laws.

9.Virtual Items.

Innovation Casualty may, in its sole discretion, offer You the ability to purchase or earn a limited license to virtual goods and/or virtual currency for use in connection with the Service ("Virtual Items"). If Innovation Casualty offers the ability to purchase or earn such a license, Innovation Casualty hereby grants You a non-exclusive, non-transferable, revocable, personal, limited right and license to use Virtual Items only for Your personal, non-commercial, entertainment use exclusively in connection with the Service, subject to the terms of this Agreement.

Such limited license may be earned by performing certain specified tasks in connection with the Service and may be purchased within the Service. Once earned or purchased, Virtual Items will be reflected in Your Account. Innovation Casualty may, in its sole discretion, limit the amount of Virtual Items that may be purchased, earned, or redeemed. The Service is constantly changing and evolving to keep the games fun and challenging for all. Rules, attributes, goals, missions, power balance, and gameplay features will change over time, often without notice, as part of this natural creative and game balance/optimization process. Accordingly, You acknowledge and agree that Innovation Casualty, in its sole discretion, may engage in actions that may impact the perceived value or purchase price, if applicable, of Virtual Items at any time, except as prohibited by applicable law. Innovation Casualty makes no guarantee as to the nature, quality, continuity or value of any game play features or Virtual Items (or the availability or supply thereof).

Virtual Items may only be used in connection with the Service. You may not distribute, lease, license, sell, rent, gift, exchange, convert, or otherwise transfer or assign Your license to Virtual Items or Your Account, without Innovation Casualty's prior express consent or as expressly permitted by this Agreement or through the Service. Any attempted disposition of Virtual Items in violation of this Agreement shall be null and void and will terminate Your license.

Except for the limited licenses granted under this Agreement or as otherwise required by applicable law, You do not have any right, title, or interest in Your Account or any Virtual Items associated therewith. Except as otherwise prohibited by applicable law, all rights not expressly granted under this Agreement are reserved by Innovation Casualty, including, but not limited to, all rights, title, and interest in and to in Your Account and any Virtual Items associated therewith.

Except as otherwise required by applicable law, Virtual Items are not redeemable for cash or other monetary value from Innovation Casualty, another user of the Service, or any other person. Virtual Items do not have an equivalent value in real currency and do not act as a substitute for real currency. Neither Innovation Casualty nor any other person or entity has any obligation to exchange Virtual Items for anything of value, including, but not limited to, real currency. Except as prohibited by applicable law, You are solely responsible for all transactions made through Your Account regardless of whether or not such transactions were authorized by You.

EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU ACKNOWLEDGE THAT Innovation Casualty MAY SUSPEND OR REVOKE YOUR LICENSES TO VIRTUAL ITEMS AT ANY TIME AND FOR ANY REASON WITHOUT NOTICE, REFUND, OR COMPENSATION TO YOU. ALL PURCHASES OF VIRTUAL ITEMS ARE FINAL AND ARE NOT REFUNDABLE, TRANSFERABLE, OR EXCHANGEABLE UNDER ANY CIRCUMSTANCES, EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT YOU WILL NOT RECEIVE CASH OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS IF YOUR ACCOUNT AND/OR YOUR ACCESS TO AND USE OF THE SERVICE ARE SUSPENDED OR TERMINATED.

10.Our Warranties and Disclaimers; Service is Provided on an "As-Is" and "As-Available" Basis.

FROM TIME TO TIME THE SERVICE MAY HAVE BUGS, ERRORS, AND INTERRUPTIONS. THESE BUGS ERRORS AND INTERRUPTIONS MAY ADVERSELY IMPACT YOUR GAMEPLAY, THE PERCEIVED VALUE OF YOUR USED AND UNUSED VIRTUAL ITEMS. Innovation Casualty ONLY PROVIDES THE SERVICE ON STRICTLY AN "AS IS" AND "AS-AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Innovation Casualty EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY REGARDING THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, Innovation Casualty DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS USE WILL (A) WILL BE UNINTERRUPTED, TIMELY, OR SECURE, (B) WILL BE FREE OF BUGS, INACCURACIES, OR ERRORS, (C) WILL MEET YOUR REQUIREMENTS, (D) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE, OR (E) WILL BE ACCURATE OR RELIABLE.

YOU UNDERSTAND AND AGREE THAT Innovation Casualty SHALL BEAR NO RISK WITH RESPECT TO ANY THIRD-PARTY LINKS, SERVICES, OR INFORMATION INCORPORATED INTO, LINKED WITH, OR USED WITH THE SERVICE.

SOME STATES DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, ANY LIMITATION WILL BE CONSTRUED TO MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

11.Our Liability.

Indemnification and Release. You agree to release, indemnify, and hold Innovation Casualty, its affiliates, and its and their employees, officers, and agents harmless from and against any and all claims, suits, liabilities, damages (actual and consequential), losses, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising from or in any way related to: (i) Your use of the Services, (ii) Your violation of this Agreement, applicable law, or any third-party rights, or (iii) Your fraud or willful misconduct. Such indemnified parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by You, in which event You will cooperate in asserting any available defenses.

Release. If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If You are a resident of another jurisdiction, You waive any comparable statute or doctrine.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT, IN CONNECTION WITH YOUR USE OF THE SERVICE (OR INABILITY TO USE OR ACCESS THE SERVICE), Innovation Casualty, ITS AFFILIATES, AND ITS AND THEIR EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS SHALL NOT BE LIABLE FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, FOR LOSS OF PROFITS, GOODWILL, OR DATA) EVEN IF SUCH PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY DAMAGES, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, IN EXCESS OF THE AMOUNT YOU HAVE PAID Innovation Casualty IN THE SIX (6) MONTHS PRIOR TO SUBMITTING NOTICE OF YOUR CLAIM OR, IF GREATER, ONE HUNDRED DOLLARS (US$100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

THE INDEMNITY, RELEASE, AND LIMITATION OF LIABILITY REPRESENT A MATERIAL INDUCEMENT FOR Innovation Casualty TO PROVIDE THE SERVICE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THIS AGREEMENT, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SERVICE.

No Liability for Third-Party Websites and Services. The Service may provide, or third parties may provide, links or other access to third-party websites and resources on the Internet. Innovation Casualty provides such links and connections for Your reference only. Innovation Casualty has no control over such websites and resources, and Innovation Casualty is not responsible for and does not endorse such websites and resources. You further acknowledge and agree that Innovation Casualty will not be liable, directly or indirectly, for any damages or losses caused or alleged to be caused by Your reliance on any content, events, goods, or services available on any such websites or resources. All dealings You have with third parties found while using the Service are between You and the third party, and You agree that Innovation Casualty is not liable for any loss or claim that You may have against such third party. You should review any applicable third-party terms and conditions, including third-party privacy policies, carefully as those terms may apply to Your use of third-party websites and recourses.

12. COMPLIANCE WITH LAWS

12.1 Prohibited US States/Countries. You acknowledge that various rules, regulations and laws addressing contests, and tournaments with entry fees and/or prizes govern your participation in Competitions (“Gaming Laws”), and that Gaming Laws are set up by each individual US state, country, territory, or jurisdiction. Therefore, the Software DOES NOT permit Cash Competitions (as defined in section 8.4) to be offered to users participating in Competitions in any state in which such Competition violates its Gaming Laws (“Prohibited Jurisdiction”), and if you are located in any Prohibited Jurisdiction then you may not participate in Cash Competitions. In the United States, Prohibited Jurisdictions, as of the “Updated” date above, include: Arizona, Arkansas, Connecticut, Delaware, Louisiana, Montana, South Carolina, South Dakota, and Tennessee. For card games, Prohibited Jurisdictions include Maine and Indiana. It is your responsibility to determine whether the state, country, territory or jurisdiction in which you are located is a Prohibited Jurisdiction. Together with our company developers, we reserve the right (but have no obligation) to monitor the location from which you access Services, and on behalf of our developer partners, we may block access from any Prohibited Jurisdiction. Each time you log in to participate in a Cash Competition, you must accurately confirm the location from which you are playing.

12.2 Additional Laws. In addition to Gaming Laws, you are also subject to all municipal, state and federal laws, rules and regulations of the city, state and country in which you reside and from which you access and use Services, including without limitation U.S. export laws (together with Gaming Laws, the “Applicable Laws”). You are solely responsible for your compliance with all Applicable Laws. Access to Competitions may not be legal for some or all residents of, or persons present in, certain jurisdictions. SERVICES AND COMPETITIONS ARE VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAWS. Your participation in Competitions 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.

13.3 Applicable Laws. For any dispute not subject to arbitration, if you reside or use our Services in the U.S., these Terms shall be governed by and construed in accordance with the laws of the State of New York, U.S., without regard to conflict of law principles thereof. You hereby consent to the exclusive personal jurisdiction and venue of the Courts of Albany, New York, U.S.

Otherwise, for any dispute not subject to arbitration, these Terms shall be governed by and construed in accordance with the laws of Hong Kong, without regard to conflict of law principles thereof. You hereby consent to the exclusive personal jurisdiction and venue of Hong Kong.

13. DISPUTE RESOLUTION BY BINDING ARBITRATION; JURY TRIAL WAIVER; CLASS ACTION WAIVER.

For any and all controversies, disputes, demands, claims, or causes of action between You and us (including the interpretation and scope of this Section and the arbitrability of the controversy, dispute, demand, claim, or cause of action) relating to the Service or this Agreement (as well as any related or prior agreement that You may have had with us), You and we agree to resolve any such controversy, dispute, demand, claim, or cause of action exclusively through binding and confidential arbitration. For United States residents, the arbitration will take place in the federal judicial district of Your residence. For international residents, the arbitration will take place within 50 miles of any Innovation Casualty office. As used in this Section, "we" and "us" mean Innovation Casualty and its subsidiaries, affiliates, predecessors, successors, and assigns and all of its and their respective employees, officers, directors, agents, and representatives. In addition, "we" and "us" include any third party providing any product, service, or benefit in connection with the Service or this Agreement (as well as any related or prior agreement that You may have had with us) if such third party is named as a co-party with us in any controversy, dispute, demand, claim, or cause of action subject to this Section.

Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one commercial arbitrator from the American Arbitration Association ("AAA") with substantial experience in resolving commercial contract disputes. As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA's Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the "Rules and Procedures"). Where no claims or counterclaims exceed $10,000, the dispute will be resolved by the submission of documents without a hearing, unless a hearing is requested by a party or deemed necessary by the arbitrator, in which case, a party may elect to participate telephonically.

You should review this provision carefully. To the extent permitted by applicable law, You are GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend Your rights EXCEPT for matters that You file in small claims court in the state or municipality of Your residence within the jurisdictional limits of the small claims court and as long as such matter is only pending in that court. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures may be SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrators' decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

You and we must abide by the following rules: (A) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (B) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) in the event that You are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of Your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (d) we also reserve the right, in our sole and exclusive discretion, to assume responsibility for any or all of the costs of the arbitration; (e) the arbitrator will honor claims of privilege and privacy recognized at law; (f) the arbitration will be confidential, and neither You nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (g) subject to the limitation of liability provisions of this Agreement, the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (h) You and we will pay our respective attorneys' fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys' fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law.

This Section will survive termination of Your Account and this Agreement as well as any voluntary payment of any debt in full by You or any bankruptcy by You or us. With the exception of subparts (a) and (b) above of this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (a) or (b) above of this Section is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision will be null and void, and neither You nor we will be entitled to arbitration.

For more information on the AAA, the Rules and Procedures, or the process for filing an arbitration claim, You may call the AAA at 888-778-7879 or visit the AAA website at http://www.adr.org.

14.Amendments.

We are constantly modifying, updating, expanding, and improving our Service. Innovation Casualty reserves the right, subject to applicable law, to make changes, modify, or add or remove portions of this Agreement, our Privacy Policy, and other incorporated terms and policies at any time, in our sole discretion. Material changes to this Agreement shall not be applied retroactively. If we update this Agreement, You will be required to either accept the terms or choose not to accept the terms. If You do not agree to the terms of this Agreement or any modified version of this Agreement, Your sole recourse is to terminate Your use of the Service, in which case You will no longer have access to Your Account. No one at Innovation Casualty is authorized to modify this Agreement with You or otherwise enter into an agreement with You that conflicts with this Agreement, except by means of written agreement signed by an authorized agent of Innovation Casualty, and any other purported modifications or alterations or conflicting terms shall be null and void.

15.General Terms.

Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.

Entire Agreement. This Agreement constitutes the entire and sole agreement between You and Innovation Casualty with respect to the Service and supersedes all prior understandings, arrangements, or agreements, whether written or oral, regarding the Service, whether written, verbal or established, assumed, or inferred by prior use, custom, or practice. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Assignment. We may assign, delegate, or transfer any or all of our rights and obligations under this Agreement to any third party at our discretion without any prior notice to You. All Your rights and obligations under this Agreement are personal to You and may not be assigned, delegated, or transferred without our prior written consent (which may be withheld for any or no reason), and any purported assignment that does not satisfy such requirement shall be null and void.

Force Majeure. Innovation Casualty shall not be liable for a failure or delay to perform resulting from causes outside its reasonable control, including, without limitation, natural disasters, war, terrorism, government action/intervention, accidents, strikes, labor issues, geopolitical conflicts, or disruptions to transportation, supplies, power, or network infrastructure.

Waiver and Severability. Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. Any purported waiver must be in a written instrument signed by each of You and Innovation Casualty. Except as otherwise expressly provided in this Agreement, if any provision of this Agreement is held to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

Statute of Limitations. To the maximum extent permitted by applicable law, any claim or cause of action arising out of or related to Your use of the Service or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.

Notices. Subject to the terms of our Privacy Policy and applicable law, we reserve the right, in our sole discretion, to determine the form and means of providing notices to You. For example, we may provide notices to You in writing or electronically by sending You emails, "push" mobile device notifications, and text messages and/or by posting notices on the Site. All notices to us that are intended to have a legal effect must be in writing and delivered in writing to the following address: INNOVATION CASUALTY LIMITED, FLAT B5, 1/F., MANNING IND.BUILDING, 116-118 HOW MING STREET, KWUN TONG, KOWLOON HONG KONG, which will be deemed to be given upon our actual receipt thereof.

16. Contact Information.

Please send any questions or comments to: Customer Support, INNOVATION CASUALTY LIMITED ADDRESS: FLAT B5, 1/F., MANNING IND.BUILDING, 116-118 HOW MING STREET, KWUN TONG, KOWLOON HONG KONG

Support channel: support@innovationcasualty.com