TERMS OF SERVICE

Top Games Terms of Service (Aug 9, 2024)

Last updated Aug 9, 2024.
YOU SHOULD CAREFULLY READ THE FOLLOWING TOP GAMES TERMS OF USE AGREEMENT (THE "TERMS OF USE" OR "AGREEMENT").

THIS AGREEMENT INCLUDES AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT WILL IMPACT YOUR DISPUTE RESOLUTION.

IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT USE ANY SERVICE TOP GAMES PROVIDES. YOU WILL NOT BE ELIGIBLE FOR A REFUND.

1. LICENSE
1.1. Governing Agreement
Welcome to Top Games and Top Games’s Games. The Games include two components: (a) the software program along with any accompanying materials or documentation (collectively, the "Games Clients"), and (b) Top Games’s proprietary online service (the "Services"). The terms of this agreement ("Terms of Service") govern the relationship between you and Top Games, Inc. and its affiliated companies (hereinafter "Top Games" or "Us" or "We") regarding your use of Top Games’s services, which include accessing the Games clients and the Services. Your use of the Services is subject to the Terms of Use and the End User License Agreement (the “EULA”), incorporated herein by this reference, both of which you must accept before you can use the Games Client or the Services. If you do not agree to these Terms of Service or any changes or updates, your only remedy is not to use the applicable site and to immediately cease using any accounts or Services you have signed up for. Your continued use of the Games Services after a change or update has been made to the Terms of Service will constitute your acceptance of such change or update. If you violate our Terms of Service, we may issue you a warning about the violation, or we may choose to immediately terminate or suspend any and all accounts that you have established. You acknowledge that Top Games is not required to provide you notice before terminating or suspending your Service(s), but it may choose to do so. Top Games reserves the right to deny, in its sole discretion, any user access to the Games Services without notice for any or no reason (including, without limitation, for violation of these Terms of Service).
You further acknowledge that, while Top Games may act to enforce these Terms of Service against any user who violates them, including using the means described in this paragraph, Top Games is not required to do so, and it shall not constitute a breach of these Terms of Service if Top Games does not take action against to enforce these Terms of Service against one or more users who have violated them or are accused of violating them.
1.2. Privacy Policy
Use of the Service is also governed by Top Games’s Privacy Policy, which is incorporated herein by reference. We encourage you to read the Privacy Policy, which you can find here to be determined and use it to help make informed decisions. By creating an account or accessing or using the Services you accept and agree to be bound by these Terms of Service and Privacy Policy.
1.3. Updates to the Terms of Service and Privacy Policy
Top Games reserves the right, at our discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by updating the same and providing players an in game notice of the updated Terms. Top Games will provide you with notice, such as an e-mail message or messaging within the Services, of any changes. You will be required to accept such changes to continue use of the Services. Except as otherwise stated, all amended terms shall automatically be effective when they are initially posted. Top Games reserves the right to further amend other policies, codes or rules at any time. This agreement may not be otherwise amended except in writing hand signed by you and us. For purposes of this provision, "writing" does not include an e-mail message and a signature does not include an electronic signature. Users are responsible for regularly reviewing the Terms of Service and Privacy Policy. The most current version of the Terms of Service and Privacy Policy can be reviewed by clicking on the "Terms of Service" and “Privacy Policy” hypertext link located at the websites of the Games. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Privacy Policy, or our rules or codes of conduct relating to your use of the Services, your license to use the Services shall immediately terminate, and you must immediately stop using the Services. To the extent the Terms of Service or Privacy Policy conflict with any other Top Games terms, policy, rules or codes of conduct, the terms contained in these Terms of Service and the Privacy Policy shall govern.
1.4. Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant policies, such as the Forum Rules or in-game code of conduct, Top Games grants you a non-exclusive, non-transferable, revocable limited license to use the Games Services solely for the purpose of viewing and using the applicable Services and for no other purpose whatsoever subject to the limitations in Sections 1.5-1.8 to access and use the Services using a supported web browser solely for your own non-commercial entertainment purposes by accessing it with an authorized, unmodified game clients through the Games portal. You agree not to use the Services for any other purpose.
You acknowledge that the time that you spend on the Games Clients and Services is solely for your personal entertainment purposes, and that no monetary value can be attributed to such time. In particular, but without limitation, you understand that value cannot and shall not be attributed to the time that you may spend accumulating In-Game Enhancements such as Game Items, points, medals or other digital and/or virtual features.
1.5. Accessing the Services
Before accessing or using the Services, including the game clients through their respective portals or accessing a game, you must provide your unambiguous and express assent to these Terms of Service and the Privacy Policy. You may do this by clicking the “I Agree” box. You may also be required to register an account on the Forums (an "Account”). If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms.
The Top Games Websites and/or Services may contain links to other websites that are owned or operated by third parties (referred to in our Terms of Service as “Linked Sites”). When you click on any link for a Linked Site and/or visit a Linked Site’s website, you should be aware that you are leaving a Top Games Website, and this Policy does not apply to any such Linked Sites. Additionally, if you use our Services on or through a Third Party Platform, including via any Wireless Devices, your privacy will also be subject to the privacy policies and terms of service of the Third Party Platform. We do not control and are not responsible for the terms of service, privacy policies and/or practices of any Linked Sites or any Third Party Platform you may use to access the Websites and/or Services, and you should review the policies and agreements of such Linked Sites and/or Third Party Platforms carefully.
1.6. Use of the Services
The following restrictions apply to the use of the Services:

You shall not create an Account or access the Services if you are under the age of 13;
You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Services by minors. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal) by minors;
You shall not have more than one Account at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
You shall not create an Account or use the Services if you are a convicted sex offender;
You shall not have an Account or use the Services if Top Games has previously banned you;
You shall use your Account only for non-commercial purposes;
You shall not use your Account to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (email or message spam) to anyone;
You shall not use your Account to engage in any illegal conduct;
You shall not rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any virtual features associated with your Account to anyone at any time; and
You shall not access or use an Account that has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the Account creator.
If you access the Services from Facebook you shall comply with its terms of service/use as well as these Terms of Service.

1.7. Account Information/Username and Password
When creating or updating an Account on the Services, you are required to provide Top Games with certain information, which includes an e-mail address, and a user selected password. This information will be held and used in accordance with Top Games's Privacy Policy. You agree that you will supply accurate and complete information to Top Games, and that you will update that information promptly after it changes.
The following rules govern the security of your Login Information:

You shall not share the Account or the Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your Account;
In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Top Games and modify your Login Information;
You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you; and
You are responsible for anything that happens through your Account.

Top Games reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
1.8 License Limitations
Any use of the Services in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 1.4, and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF THE GAMES AND SERVICES IS A VIOLATION OF THIS POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

You agree that you will not, under any circumstances:
Engage in any act that Top Games deems to be in conflict with the spirit or intent of the Services, including but not limited to circumventing or manipulating these Terms, our game rules, game mechanics or policies;
Make improper use of Top Games’s support services, including by submitting false abuse reports; or
Use the Services in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
CHEATS AND HACKS - You agree that you will not, under any circumstances:
Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Games experience or use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through the Games or the Services, including without limitation any software that reads areas used by the Games to store information about a character or the game environment;
Use the Services in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third-party software designed to modify or interfere with the Games experience;
Modify or cause to be modified any files that are a part of the Services or game clients;
Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Services (each a "Server"); or (2) the enjoyment of the Services or any games experience by any other person;
Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Services, or other attempts to disrupt the Services or any other person’s use or enjoyment of the Services; or
Attempt to gain unauthorized access to the Services, Accounts registered to others or to the computers, Servers, or networks connected to the Services by any means other than the user interface provided by Top Games, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Services;
Modify or cause to be modified any files that are a part of the Games Client or the Services in any way not expressly authorized by Top Games, Inc;
Host, provide or develop matchmaking services for the Games or the Services, or intercept, emulate or redirect the communication protocols used by Top Games in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
Facilitate, create or maintain any unauthorized connection to the Games or the Services, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Services; and (b) any connection using programs or tools not expressly approved by Top Games;
Create and use multiple accounts in game; YOU MAY ONLY CREATE AND USE ONE ACCOUNT FOR EACH GAME AT ALL TIMES; FAILURE TO COMPLY WITH THIS TERM MAY RESULT IN IMMEDIATE BAN OR SUSPENSION WITH OR WITHOUT NOTICE TO YOU.
Disrupt or assist in the disruption of (i) any computer used to support the Services (each a "Server"); or (ii) any other player's Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME CLIENT MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. You agree that you will not violate any applicable law or regulation in connection with your use of the Games Client or the Services.
OFFENSIVE OR INFRINGING CONTENT - You agree that you will not, under any circumstances:
Post in game information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
Post any information that contains a link to such content;
Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including other players, Top Games employees and customer service representatives; or
Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Top Games employee;
COMMERCIAL ACTIVITY - You agree that you will not, under any circumstances:
Use the Services or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Services;
Transmit unauthorized communications through the Services, including junk mail, chain letters, spam and any materials that promote bots, third party software, malware, spyware and downloadable items; or
UNAUTHORIZED USE OR CONNECTION TO THE SERVICE - You agree that you will not, under any circumstances:
Interfere or attempt to interfere with the proper functioning of the Services or connect to or use the Services in any way not expressly permitted by these Terms of Service;
Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Services, whether through the use of a network analyzer, packet sniffer or other device;
Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
Use, facilitate, create, or maintain any unauthorized connection to the Services, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Services, or (2) any connection using programs, tools, or software not expressly approved by Top Games;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services, or to obtain any information from the Services using any method not expressly permitted by Top Games; or
Copy, modify or distribute rights or content from the Top Games website, game websites or Services, or copyrights or trademarks or use any method to copy or distribute the content of the Services except as specifically allowed in these Terms of Service;

Top Games reserves sole discretion to determine the appropriate penalty, including but not limited to a warning, suspension of services, or termination of a player account, for any use of the Services in violation of these License Limitations. It shall not constitute a breach of these Terms of Service if Top Games elects to impose a penalty, or not to impose a penalty, or to impose (or not impose) a penalty on any particular timeline in response to a user violating (or being accused of violating) these License Limitations.
1.9. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, TOP GAMES MAY, BUT IS NOT REQUIRED TO, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICES OR PORTIONS THEREOF IF YOU ARE, OR TOP GAMES SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND TOP GAMES IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY, BUT ARE NOT REQUIRED TO, LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO THE GAME SITES AND SERVICE AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF TOP GAMES, THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, BUT ARE NOT REQUIRED TO, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
Top Games reserves the right to stop offering and/or supporting the Services at any time, at which point your license to use the Services or a part thereof will be automatically terminated. In such event, Top Games shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services.
1.10. Ownership
1.10.1. Games and Service
All rights and title in and to the Services (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into the Games Client, character profile information, recordings of games played using the Games Client, and the Games Client and server software) are owned by Top Games or its licensors. The Games and the Services are protected by United States and international laws, and may contain certain licensed materials in which Top Games’s licensors may enforce their rights in the event of any violation of this Agreement.
1.10.2. Accounts

Username and Password.
During the registration process, you may be required to select a unique username and a password (collectively referred to hereunder as "Login Information"). You may not share the Account or the Login Information with anyone other than as expressly set forth herein.
No Ownership Rights in Account.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF TOP GAMES
Account Suspension/Deletion.
TOP GAMES MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of this Terms of Use or the EULA.
Code of Conduct.
As with all things, your use of the Games and the Services is governed by certain rules. These rules (the "Code of Conduct"), maintained and enforced exclusively by Top Games, must be adhered to by all users. It is your responsibility to know, understand and abide by this Code of Conduct. The following rules are not meant to be exhaustive, and Top Games reserves the right to determine which conduct it considers to be outside the spirit of the Games and to take such disciplinary measures as it sees fit up to and including termination and deletion of the Account. Top Games reserves the right to modify this Code of Conduct at any time.
Rules Related to User Names
Each user will select a user name. When you choose a user name you must abide by the following guidelines as well as the rules of common decency. If Top Games finds such a label to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the label and corresponding chat room, and/or suspend or terminate your use of the Services. In particular, you may not use any name:
Belonging to another person with the intent to impersonate that person, including without limitation a "Liaison" or any other employee or agent of Top Games;
That incorporates vulgar language or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable;
Subject to the rights of any other person or entity without written authorization from that person or entity;
That belongs to a popular culture figure, celebrity, or media personality;
That is, contains, or is substantially similar to a trademark or service mark, whether registered or not;
Belonging to any religious figure or deity;
Taken from Top Games’s other products;
Related to drugs, sex, alcohol, or criminal activity;
Comprised of partial or complete sentence (e.g., "Inyourface", "Welovebeef", etc);
Comprised of gibberish (e.g., "Asdfasdf", "Jjxccm", "Hvlldrm");
Referring to pop culture icons or personas (e.g. " "Britneyspears", "Austinpowers", "Batman")
That utilizes "Leet" or "Dudespeak" (e.g., "Roflcopter", "xxnewbxx", "Roxxoryou")
Rules Related to Game Play.
Game play is what the Games are all about, and Top Games strictly enforces the rules that govern game play. Certain acts go beyond what is "fair" and are considered violations of these Terms of Use. Those acts include, but are not necessarily limited to, the following:
Using or exploiting errors in design, features that have not been documented, and/or "program bugs" to gain access that is otherwise not available, or to obtain a competitive advantage over other players;
Conduct prohibited by the EULA or elsewhere in these Terms of Use; and
Anything that Top Games considers contrary to the "essence" of the Games.

2. VIRTUAL ENHANCEMENTS, FEES AND PURCHASE TERMS
2.1. Virtual Enhancements and Purchases
Top Games owns, has licensed, or otherwise has rights to use all of the content that appears in the Services and Game. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Services, including without limitation the virtual enhancements or currency appearing or originating in the Services and Games, whether earned in a game or purchased from Top Games, or any other attributes associated with an Account or stored on the Services.
Top Games does not recognize the transfer of game accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt shall be null and void. Top Games owns, has licensed, or otherwise has rights to all of the content that appears in the Games. You agree that you have no right or title in or to any such content, including without limitation the virtual enhancements or currency appearing or originating in the Games, or any other attributes associated with the Account or stored on the Services. Top Games does not recognize any purported transfers of virtual goods executed outside of the Games, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Games. Accordingly, you may not sell in-game enhancements or currency for "real" money, or exchange those items or currency for value outside of the Games. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.
In the Services you may purchase, with "real world" money, a license to use (a) "virtual enhancements", including but not limited to Gems for use in the Services and Games; and (b) other goods or services ("Merchandise").
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ENHANCEMENTS MADE THROUGH THE SERVICE ARE NON-REFUNDABLE.
You can order Virtual Enhancements by visiting the In-Game Shops, accessing a third party payment gateway, confirming the particulars of your purchase and re-affirming your agreement to these Terms. When you place an order to purchase Virtual Enhancements from our Service, you will receive an in-game confirmatory message that will contain details of the items you have ordered.
For Virtual Enhancements, your order will represent an offer to us to purchase the relevant product(s) which will be accepted by us when we make the Virtual Enhancements available in your account for you to use in our games or debit your credit card or other accepted/approved payment method, whichever comes first.
The provision of Virtual Enhancements for use in the Services and Games is a service provided by Top Games that commences immediately upon acceptance by Top Games of your purchase. By ordering Virtual Enhancements you agree and accept that Top Games will provide them to you immediately following completion of your purchase. If you reside in the European Union and you purchase an enhancement from Top Games, you have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the "Cooling Off Period"). However, you lose your right of withdrawal if the performance or use of the enhancements begins before the end of the Cooling Off Period. No such Cooling Off Period applies to other jurisdictions and all purchases and redemptions of Virtual Enhancements are considered final and non-refundable upon delivery of the Virtual Enhancements to your account. You acknowledge and agree that, under no circumstances will refunds be issued by Top Games.
2.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Top Games may revise the pricing for the goods and services offered through the Services at any time. YOU ACKNOWLEDGE THAT TOP GAMES IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ENHANCEMENTS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
3. UPDATES TO THE SERVICE
You understand that the Services are an evolving one. Top Games requires that you accept updates to the Services and to the Games as they occur. You acknowledge and agree that Top Games may update the Services and Games and will provide you with notice when updates are made. You may need to update third party software from time to time in order to use the Services and play the Games.
3.1. DISCLAIMERS / LIMITATIONS / WAIVERS / INDEMNIFICATION
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
WITHOUT LIMITING THE FOREGOING, NEITHER TOP GAMES NOR ITS AFFILIATES, LICENSEES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “TOP GAMES PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
3.2. LIMITATIONS; WAIVERS OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE TOP GAMES PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE TOP GAMES PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE TOP GAMES PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE TOP GAMES PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE TOP GAMES PARTIES LIABLE, ON THE BASIS OF A PENALTY (OR LACK THEREOF) THAT THE TOP GAMES PARTIES IMPOSE (OR DECIDE NOT TO IMPOSE) FOR A VIOLATION OR ALLEGED VIOLATION OF THESE TERMS OF SERVICE BY ANY USER OR USERS.
UNDER NO CIRCUMSTANCES WILL THE TOP GAMES PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TOP GAMES IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID TOP GAMES ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH TOP GAMES IS TO STOP USING THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU.
3.3. Indemnification
You agree to indemnify, save, and hold Top Games, its affiliated companies, licensees, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Services, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Top Games reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Top Games, and you agree to cooperate with Top Games’s defense of these claims.
You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Services.
4. DISPUTE RESOLUTION
4.1. General
Our goal is to provide you with a neutral and cost effective means of resolving any dispute with Top Games quickly. Accordingly, if a dispute arises between you and Top Games, you and Top Games agree to first attempt to resolve the dispute informally using Top Games’ Customer Support team and agree to allow Top Games 90 days to resolve your dispute informally, as described below. Any arbitration or lawsuit filed prior to 90 days after you submit your dispute in writing Top Games’ Customer Support team shall be subject to immediate dismissal, and the arbitrator shall not have jurisdiction to take any action on such a claim except to immediately dismiss it without prejudice as untimely. Additionally, the arbitrator may exercise their discretion to enforce Section 4.4 below. In the event an informal resolution cannot be achieved within 90 days, you and Top Games agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as you and we otherwise agree in writing.
4.2. Law and Forum for Legal Disputes
This Agreement is governed by and construed in accordance with the laws of the State of California, without giving effect to its principles of conflicts of law.
4.3. Customer Feedback, Queries, Complaints and Dispute Resolution
4.3.1 Customer Feedback, Queries and Complaints
If you have any feedback, questions, or complaints, we suggest you first use the in-app Customer Service support ticket functionality. You may also write to Customer Service at support@topgamesinc.com. When you contact us please provide us with your name, address, and any other information we may need to identify you, your Top Games Account, and the transaction on which you have feedback, questions, or complaints. If you believe your account has been compromised, you may also report your claim by using the Top Games support ticket system.
We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials regarding Top Games or our Services that you provide, whether by email, posting through our Services or otherwise ("Feedback"). Any Feedback you submit is non-confidential and shall become the sole property of Top Games. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in this section.
4.3.2 Dispute Resolution
Your sole process for dispute resolution goes through a process as clarified below. This process is

Information Negotiations;
Mediation; and,
Binding Arbitration.

Information Negotiations
You and Top Games shall first attempt to resolve any Dispute informally for at least 60 days before initiating mediation, and then arbitration. The informal negotiations commence upon receipt of written notice from one person to the other (“Notice of Dispute”). The Notice of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought.
We will send our Notice of Dispute Demand for Informal Negotiations to your billing or email address.
You will send your Notice of Dispute Demand for Informal Negotiations by email to support@topgamesinc.com.
Most disputes are resolved by our customer service team but for whatever reason they are unable to solve the issue, you will be provided an opportunity to escalate the matter to our legal team.
Mediation
If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions (as defined above in "Information Negotiations"), the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration.
We will send our Notice of Dispute Demand for Mediation to your billing or email address.
You will send your Notice of Dispute Demand for Mediation to "Top Games Inc, 1603 Capitol Ave., Ste. 310 A436 Cheyenne, WY 82001 USA." If the Dispute has not been resolved within 30 days of the mediation, the parties may proceed to Arbitration.
Binding Arbitration
The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof (as defined above in "Mediation" and "Information Negotiations"), following the Informal Negotiations and Mediation described above, shall be settled in final and binding bilateral arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules; and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Claims shall be heard by a single arbitrator.
When selecting an arbitrator from neutrals who have the background and qualifications for the particular dispute, the parties agree to consider the appointment of diverse candidates.
The place of arbitration shall be California.
The arbitration shall be governed by the laws of the State of California.
In making determinations regarding the scope of exchange of electronic information, the arbitrator(s) and the parties agree to be guided by The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production.
The arbitral hearing (and any pre-hearing conferences) may take place telephonically, or in person, according to the convenience of the parties .
The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute.
The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount.
The arbitrator(s) may, in the arbitrator(s)’ discretion, award to the prevailing party, if any, as determined by the arbitrators, all of their costs and fees. 'Costs and fees' mean all reasonable pre-award expenses of the arbitration, including the arbitrators' fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys' fees.
Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Notwithstanding Rule R-33 of the American Arbitration Association’s Consumer Arbitration Rules, prior to permitting any discovery and prior to scheduling a final hearing, the arbitrator shall set a schedule for briefing and rule on any preliminary dispositive motion filed by any party to the arbitration. Consistent with Rule R-33, the arbitrator(s) may permit the filing of additional dispositive motions, in the arbitrator(s)’ discretion.

We will send our Notice of Dispute Demand for Arbitration to your billing or email address.
You will send your Notice of Dispute Demand for Arbitration to "Top Games Inc, 1603 Capitol Ave., Ste. 310 A436 Cheyenne, WY 82001 USA."

4.3.3 Class Action Waiver
The parties waive any right to assert any claims against the other party as a representative or member in any class or representative action, except where such waiver is prohibited by law or deemed by a court of law to be against public policy.

4.4. Improperly Filed Claims
All claims you bring against Top Games, or Top Games brings against you, must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to Sections 4.2 and/or 4.3.2. shall be considered improperly filed. Should you or Top Games file a claim contrary to Sections 4.2 and/or 4.3.2, Top Games or you (as applicable) may be entitled to recover all attorneys' fees and costs, provided that Top Games or you (as applicable) has notified you or Top Games (as applicable) in writing of the improperly filed claim, and you or Top Games (as applicable) have failed to promptly withdraw the claim.
5. SEVERABILITY
You and Top Games agree that if any portion of these Terms of Service or of the Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
6. GENERAL PROVISIONS
6.1. Assignment
Top Games may assign or delegate these Terms of Service and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Top Games’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.
6.2. Supplemental Policies
Top Games may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
6.3. Entire Agreement
These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein (including the Privacy Policy), contain the entire understanding of you and Top Games, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Services.
6.4. No Waiver
The failure of Top Games to require or enforce strict performance by you of any provision of these Terms of Service or the Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Top Games's right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by Top Games of any provision, condition, or requirement of these Terms of Service or the Top Games Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Top Games shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Top Games.
6.5. Notices
We may notify you via postings on websites of the Games, and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the Top Games Privacy Policy shall be in writing and addressed to:
Top Games US, Inc.
Attn: Legal
1603 Capitol Ave., Ste. 310 A436 Cheyenne, WY 82001 USA
Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
6.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to Top Games are of a unique and irreplaceable nature, the loss of which shall irreparably harm Top Games and which cannot be replaced by monetary damages alone so that Top Games shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services or any Top Games game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages.
6.7. Termination
This Agreement is effective until terminated. You may terminate this Agreement by terminating the Account and not accessing the Games Client. In the event that you terminate or breach this Agreement, you will forfeit your right to any and all payments you may have made. You agree and acknowledge that you are not entitled to any refund for any amounts, which were pre-paid on behalf of the Account prior to any termination of this Agreement. Top Games may terminate this Agreement with or without notice by terminating the Account.
6.8 Acknowledgments
You hereby acknowledge and agree that:
WHEN RUNNING, THE GAMES MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE GAMES. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE THAT, WHEN USED SIMULTANEOUSLY OR IN CONNECTION WITH THE GAME, WOULD CONSTITUTE A VIOLATION OF SECTIONS 1, 2 OR 9. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, TOP GAMES MAY (a) COMMUNICATE INFORMATION BACK TO TOP GAMES INCLUDING WITHOUT LIMITATION THE ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR (b) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT OR THE EULA, WITH OR WITHOUT PRIOR NOTICE TO THE USER.
WHEN THE GAME IS RUNNING, TOP GAMES MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER AND ITS OPERATING SYSTEM, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE GAME AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF THIS AGREEMENT AND THE EULA.
Top Games may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, Chat logs, and other information about you and your activities: (a) in response to a request by law enforcement, a court order or other legal process; or (b) if Top Games believes that doing so may protect your safety or the safety of others.
You are wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Servers.
6.9 Force Majeure
Top Games shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Top Games, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Top Games’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT MY USE OF THE GAME AND THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF USE AGREEMENT.
6.10 Miscellaneous
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Terms of Use Agreement is the complete and exclusive statement of the agreement between you and Top Games concerning the Services, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and Top Games; provided, however that this Agreement is in addition to, and does not replace or supplant, the EULA. This Agreement may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT MY USE OF THE GAME AND THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF USE AGREEMENT.
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