End-User License Agreement (EULA)

Last updated June 3, 2025

Please read this End-User License Agreement carefully before clicking the “I Agree” button or downloading or using The Bazaar.

1. Interpretation and Definitions

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.

For the purposes of this End-User License Agreement:

Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.
Application means the software program provided by the Company downloaded by You through an Application Store’s account to a Device, named The Bazaar.
Application Store means the digital distribution service operated and developed by Apple, Inc. (Apple App Store), Google, Inc. (Google Play Store), Valve Corporation (Steam), or other such software distribution platform from which the Application has been downloaded to your Device.
Company (also referred to as “the Company”, “We”, “Us”, and “Our” in this Agreement) refers to AVY Entertainment, Inc., located at 6600 Sunset Blvd #420, Hollywood, CA 90028-7160, USA.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
Country refers to the United States, and if applicable, specifically, the State of California.
Device means any device that can access the Application, such as a computer, a phone, or a digital tablet.
Third-Party Services means any services or content (including data, information, applications, and other products services) provided by a third party that may be displayed, included, or made available by the Application.
Suggestions means any feedback, comments, ideas, improvements, creative content, or suggestions provided by You to the Company with respect to the Application, including those made upon sites, chat rooms, or other digital spaces created, monitored, and/or controlled by the Company.
Updates means enhancements, improvements, or changes to the features/functionality of the Application, which may include patches, bug fixes, upgrades, and any other modifications.
You means the individual accessing or using the Application, or the company or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.
By clicking the “I Agree” button or downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the Application.

This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company.

This Agreement is between You and the Company only, and not with the Application Store. Therefore, the Company is responsible solely for the Application and its content. Although the Application Store is not a party to this Agreement, it has the right to enforce it against You as a third party beneficiary relating to your use of the Application.

Since the Application can be accessed and used by other users (e.g., via volume purchasing or family sharing/group features that permit You to share applications downloaded through the Application Store with other family members by allowing them to view and download each others’ eligible Applications to their associated Devices), the use of the Application by those users is expressly subject to this Agreement.

This Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement. Nothing in this licensing agreement conveys ownership over any part of the Application.

3. License

The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Application strictly in accordance with the terms of this Agreement.

You may only use the Application on a Device that You own or control and as permitted by the Application Store's terms and conditions.

The license that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

The Application may have minimum requirements for the devices and systems on which you play. We may publish these requirements or otherwise notify you in writing. For an optimal experience, please ensure that your devices meet these requirements before using the Application.

This Application may contain flashing lights, images, or other stimulations which may induce epileptic seizures in certain individuals. Please consult Your doctor before using the Application if you have an epileptic condition. If You experience, dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, involuntary movement, or convulsions while playing, please immediately discontinue your use of the Application and consult Your doctor.

You agree not to, and You will not permit others to:

License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Application or any of its components, or make the Application available to any third party;
Copy or use the Application for any purpose other than as permitted under this Agreement;
Modify, make derivative works of, disassemble, decrypt, data mine, reverse compile, or reverse engineer any part of the Application;
Facilitate, create, or maintain any non-publicly-accessible or otherwise unauthorized connection to the Application (including through the use of packet sniffers to obtain data from the socket server);
Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers, or the licensors of the Application; or
Create, use, provide, license, sell, rent, lease, assign, distribute, promote, advertise, host, or otherwise commercially exploit third-party goods and/or services that can be used in connection with the Application that influences any features of the Application (including but not limited to account boosting and power-leveling; using cheats, hacks, bots, scripts, or any third-party code or software; gathering in-game currency, items, resources, or cosmetics for sale on a third-party marketplace; abusing bugs or otherwise exploiting design flaws; and/or transferring alpha or beta test access keys).
Create Accounts for anyone else or in a name other than Your own.
Sell, resell, rent, lease, share, or provide access to Your Account to anyone else.
Exploit any vulnerability within the Software or its servers.

4. Content

The Company is not responsible for the entries, information, or content of the Application's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

Unlawful content or content promoting unlawful activity;
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups;
Spam, machine generated content or randomly generated content, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
Content containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person;
Content infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights;
Content impersonating any person or entity including the Company and its employees or representatives;
Content violating the privacy of any third person; or
False information.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Agreement, and refuse or remove any Content. The Company further reserves the right to make formatting and edits and change any Content. The Company can also limit or revoke this license to use the Application if You post such objectionable Content.

As the Company cannot control all content posted by users and/or third parties on the Application, you agree to use the Application at your own risk. You understand that, by using the Application, You may be exposed to content that You may find offensive, indecent, incorrect, or objectionable, and You agree that, under no circumstances, will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

5. Ownership

The Application, including without limitation all copyrights, patents, trademarks, trade secrets, and other intellectual property rights, are, and shall remain, the sole and exclusive property of the Company.

The Company shall not be obligated to indemnify or defend You with respect to any third-party claim arising out of or relating to the Application. To the extent the Company is required to provide indemnification by applicable law, the Company, not the Application Store, shall solely be responsible for the investigation, defense, settlement, and discharge of any claim that the Application or your use of it infringes any third-party intellectual property rights.

Although We are not obligated to monitor access to or use of The Service, or to review or edit any Content, we have the right to do so for the purpose of operating and publishing the Service, to ensure compliance with this EULA, to protect the health and safety of anyone We believe may be threatened, to protect our legal rights and remedies, to report a crime or offensive behavior, or to comply with applicable law. We may (but have no obligation to) remove or disable access to the Service or to any Content at any time and without notice. We may (but have no obligation to) investigate violations of this EULA or conduct which affects the Service.

6. Your Suggestions

Any Suggestions shall remain the sole and exclusive property of the Company. The Company shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to You.

7. Modifications to the Application

The Company reserves the right to modify, suspend, or temporarily or permanently discontinue the Application or any service to which it connects, with or without notice and without liability to You.

The Company may from time to time provide Updates. Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to provide any Updates or continue to provide or enable any particular features and/or functionalities of the Application to You. You further agree that all Updates or any other modifications will be deemed to constitute an integral part of the Application and subject to the terms and conditions of this Agreement.

The Company is not obligated by this agreement to provide any maintenance or support for the download and use of the Application. To the extent that any maintenance or support is required by applicable law, the Company, not the Application Store, shall be obligated to furnish any such maintenance or support.

8. Third-Party Services

The Application may display, include, or make available third-party content (including data, information, applications, and other products services) or provide links to third-party websites or services.

You acknowledge and agree that the Company shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-Party Services.

You must comply with applicable third-party terms of agreement when using the Application. Third-Party Services and links thereto are provided solely as a convenience to You; You access and use them entirely at your own risk, and You are subject to such third parties' terms and conditions.

9. Privacy Policy

The Company collects, stores, maintains, and shares limited identifying information about You in accordance with Our Privacy Policy. By accepting this Agreement, You acknowledge that You hereby agree and consent to the terms and conditions of Our Privacy Policy.

10. Virtual Goods and Game Currency

Purchasing or Obtaining Virtual Goods and Game Currency. Subject to applicable foreign exchange control regulations in your jurisdiction, we may offer certain upgrades and options within the Service that you can buy with real world currency, including, but not limited to, in-game currency where permitted by applicable law (“Gems”), character skins, board decorations, cards, and other customizations for your experience of the Service, and other digital items which may improve or personalize your experience in some way (“Virtual goods”). Except as otherwise communicated to you within the functionality of the Service, such purchases are not transferable from one game to another, nor to any other party. When you purchase these currencies or items, you must acknowledge that you fully understand the agreement that covers the transaction.

There may be limits to the quantity of items or the number of times you may make a purchase, or other limits on your transitions. We may, from time to time, modify, amend, or supplement our fees, billing methods, and terms applicable to Gems, Virtual Goods, or to any purchase.

Your License: Virtual Goods and Gems are digital items, and your use of them is governed by this EULA. Virtual Goods and Gems are Non-transferable, non-tradable, in whole or in part, and are not provided for investment purposes. Virtual Goods and Gems are licensed, not sold, for so long as you comply with this EULA and subject to the following terms: We grant you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to use any Virtual Goods or Gems you gain access to from within the Service or the Website, whether purchased or obtained through gameplay, solely in connection with your use of the Service and for use within it, and for no other purpose. Unless expressly permitted, you may not trade any such Virtual Good or Gems with others. We may cancel, revoke, or otherwise prevent the use of Virtual Goods or Gems if we suspect any unauthorized or fraudulent activity, and/or to correct any erroneous application of any Virtual Goods or Gems to your Account.

Your license does not extend to You a proprietary interest in these Virtual Goods or Gems, and Your use of The Application constitutes an agreement not to assert or bring any claim against Us relating to such a proprietary interest, for the alleged monetary value of Virtual Goods or Gems lost due to deletion of your account, adjustments to the game, or modification, termination, or expiration of this EULA.

Refunds: Virtual Goods and Gems remain our property, have no monetary value, are not redeemable, refundable, or eligible for any other alternative remedy for any “real world” money or anything of monetary value.

We may revoke your license to such Virtual Goods or Gems at any time consistent with this EULA without notice or liability to You, and, except where the law in Your jurisdiction provides a right of withdrawal that cannot be waived by contract, you hereby waive your right to a refund for the purchase of Virtual Goods and/or Gems. Additionally, You agree that any withdrawal right expires when such Virtual Goods and/or Gems are delivered to You, unless the law in your jurisdiction provides otherwise. This section does not affect Your statutory rights.

11. Term and termination

This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from the Company, in the event that You fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device.

Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device.

Termination of this Agreement will not limit any of the Company's rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.

12. Indemnification

You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your use of the Application, violation of this Agreement or any law or regulation, or violation of any right of a third party.

13. No Warranties

The Application is provided to You “as-is” and “as available” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice.

Without limitation to the foregoing, the Company provides no warranty or undertaking and makes no representation of any kind that the Application will meet your requirements; achieve any intended results; be compatible or work with any other software, applications, systems, or services; operate without interruption; meet any performance or reliability standards; or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied:

As to the operation or availability of the Application, or the information, content, and materials or products included thereon;
That the Application will be uninterrupted or error-free;
As to the accuracy, reliability, or currency of any information or content provided through the Application; or
That the Application, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company, not the Application Store, shall be solely responsible for such warranty.

14. Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application, or one hundred United States dollars (US$100.00) if You haven't purchased anything through the Application.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

You expressly understand and agree that the Application Store, its subsidiaries and affiliates, and its licensors shall not be liable to You under any theory of liability for any direct, indirect, incidental, special consequential, or exemplary damages that may be incurred by You, including any loss of data, whether or not the Application Store or its representatives have been advised of or should have been aware of the possibility of any such losses arising.

15. Severability and Waiver

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

16. Product Claims

The Company does not make any warranties concerning the Application. To the extent You have any claim arising from or relating to your use of the Application, the Company, not the Application Store, is responsible for addressing any such claims, which may include, but is not limited to, any product liability claims, any claim that the Application fails to conform to any applicable legal or regulatory requirement, and any claim arising under consumer protection or similar legislation.

17. United States Legal Compliance

You represent and warrant that You are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a State Sponsor of Terrorism, and You are not listed on any United States government list of prohibited or restricted parties.

18. Changes to This Agreement

The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.

By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.

19. Dispute Resolution and Governing law

The laws of California, located in The United States, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.

You agree to inform The Company of any dispute, in writing, and offering thirty days for the amicable resolution of that dispute before resorting to filing claims in any court of any jurisdiction.

20. Entire agreement

The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.

You may be subject to additional terms and conditions that apply when You use or purchase other Company services, which the Company will provide to You at the time of such use or purchase.

21. Contact Us

If you have any questions about this Agreement, You can contact us via email at support@tempostorm.com.

REGIONAL ADDENDUMS, AMENDMENTS & ADDITIONAL PLATFORM TERMS
Addendum for resident of the European Union, UK, and Brazil

Section 13 of this EULA is replaced in its entirety with the following:

The Company makes no warranty that the services it provides will at all times meet your requirements or be available on an uninterrupted, secure, or error-free basis.

Section 14 of this EULA is replaced in its entirety with the following:

Limitation of Liability:

Nothing in this EULA excludes or limits The Company’s liability for death or personal injury caused by Our negligence, fraud or fraudulent misrepresentation, or any matter in respect of which it would be unlawful for The Company to exclude or restrict Our liability.
If The Company fails to comply with this EULA, We are responsible for loss or damages which you suffer which were a foreseeable result of our breach of this EULA or of Our own negligence, but We are not responsible for any loss or damage which was not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of Our breach or if it was contemplated by You and US at the time that This EULA became binding on You and Us.
To the extent permitted by applicable law, the aggregate liability of The Company arising out of or in connection with this EULA or our services will not exceed: (A) the total amounts you have paid (if any) or are payable by You to Us for The Service, or, if (A) does not apply, fifty dollars ($50.00 USD).
Notwithstanding the foregoing, some countries, states, provinces, or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, and so the above terms may not apply to you. In such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions. Nothing in this EULA will prejudice additional rights granted to you as a resident of your jurisdiction.

Nothing in this EULA will diminish the mandatory provisions of law of any country in which the User is a resident. Nothing in this EULA affects your rights as a consumer to rely on such mandatory provisions of local law.

If You wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged and are not willing to participate in online dispute resolution.

Section 11 of this EULA is removed in its entirety and replaced with the following:

11. INTENTIONALLY OMITTED

Additional Terms for Residents of Brazil

EULA Modifications. Notwithstanding any contrary provision in the EULA, modifications, amendments, supplements or terms to our fees, billing methods and terms applicable to App Currency, Virtual Goods or any purchases shall be effective 30 days after you receive notice of the changes from us in any form.

Dispute Resolution – Brazil. Notwithstanding any contrary provision in the EULA, if you are accessing, using, or have purchased the Services in Brazil, you agree that any action related to this EULA will be resolved in accordance with the Brazilian laws, and that any dispute arising out of or in relation to this EULA shall be brought exclusively in the Brazilian courts, provided that you may choose to litigate in the court of your domicile.

Addendum for Residents of South Korea

Section 14 of this EULA is amended as follows:

The Company and You shall indemnify one another from all losses that arise out of any breach by the Indemnifying Party of this EULA, provided that the foregoing shall only apply if such a breach is attributable to the Indemnifying Party’s intentional or negligent behavior.

Notwithstanding the foregoing, We shall not be held liable for any of the following:

For failure to provide the Service due to force majeure.
For losses arising out of maintenance to the Service, unless such losses are attributable to Our intentional or negligent behavior.
For disruption in using the Service which is attributable to Your intentional or negligent behavior.
For the reliability or accuracy of information or materials uploaded or posted by users in connection with the Service, except in cases of Our negligence or intentional actions.
For failing to intervene in any transaction or dispute which takes place between You and another user of Our Service.
For losses which arise in connection with the use of any free Service, unless attributable to Our negligence or intentional actions.
For Your failure to obtain profit which You expected to gain by use of our Service, or for Your loss of profits for any reason.
For losses of digital items within Our Service, except when such losses are attributable to Our intentional actions or negligence.
For charges by a third party which arise due to Your failure to manage the password of your device or the password provided by your online marketplace operators, except as attributable to Our intentional actions or negligence.
For any losses incurred by any party which You allow to access Your Account.
Section 10, Subsection C is amended as follows:

If a user who is a minor under the laws of Korea purchases Virtual Goods or Gems, then the guardian or the minor may cancel the contract if the guardian does not agree to the contract. The Company may request submission of documents proving that the user is a minor. However, if the purchase is permitted by the guardian, the minor has deceived The Company into believing the minor is an adult, or if the minor subsequently receives the consent of his or her legal representative, the contract cannot be cancelled.