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Drone Soccer EULA
End User License Agreement ("EULA") YOU SHOULD CAREFULLY READ THE ENTIRE FOLLOWING END USER LICENSE AGREEMENT BEFORE DOWNLOADING, INSTALLING, USING OR PLAYING THE GAME OR ANY RELATED SOFTWARE (collectively, the "GAME"). THIS AGREEMENT CONTAINS IMPORTANT TERMS THAT AFFECT YOUR LEGAL RIGHTS, INCLUDING A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION. BY DOWNLOADING, INSTALLING, USING OR PLAYING THE GAME, YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, PLEASE DO NOT (AND YOU ARE NOT PERMITTED TO) DOWNLOAD, INSTALL, USE OR PLAY THE GAME.
BY DOWNLOADING, INSTALLATION, USING OR PLAYING THE GAME YOU CONFIRM THAT YOU HAVE READ THIS END USER LICENSE AGREEMENT AND THE TRASH PANDA STUDIOS LLC PRIVACY POLICY AND THAT YOU AGREE TO THE TERMS IN THIS AGREEMENT. YOU FURTHER ACKNOWLEDGE AND UNDERSTAND THAT TRASH PANDA STUDIOS LLC WILL PROCESS YOUR PERSONAL DATA IN ACCORDANCE WITH THE TRASH PANDA STUDIOS LLC PRIVACY POLICY.
IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, OR YOU HAVE NOT READ AND UNDERSTOOD THE PRIVACY POLICY, DO NOT DOWNLOAD, INSTALL OR USE THE GAME.
This Agreement is between you and Trash Panda Studios LLC, a New York limited liability company ("Trash Panda Studios").
IF YOU ARE RESIDENT IN THE EEA, UNITED KINGDOM, SWITZERLAND, RUSSIA, AUSTRALIA, NEW ZEALAND, TURKEY, JAPAN OR BRAZIL, TRASH PANDA STUDIOS ACKNOWLEDGES THAT THERE ARE CERTAIN GUARANTEES, WARRANTIES, TERMS AND CONDITIONS (INCLUDING IN RESPECT OF REFUNDS AND RETURNS AND UNFAIR TERMS) IMPOSED BY THE LAWS RELATING TO THE SUPPLY OF GOODS, SERVICES AND DIGITAL CONTENT WHICH THE LAWS EXPRESSLY PROVIDE MAY NOT BE EXCLUDED, RESTRICTED OR MODIFIED OR MAY ONLY BE LIMITED TO A CERTAIN EXTENT (THE "STATUTORY OBLIGATIONS"). NOTHING IN THIS EULA EXCLUDES, RESTRICTS OR MODIFIES THE STATUTORY OBLIGATIONS OTHERWISE THAN ACCORDING TO SUCH LAWS.
A very small percentage of individuals may experience epileptic seizures or blackouts when exposed to certain visual images, including without limitation light patterns or flashing lights. If you experience any of the following symptoms while playing the Game, immediately discontinue use and consult your physician before resuming play: blackouts, seizures, dizziness, altered vision, eye or muscle twitches, jerking or shaking of arms or legs, loss of awareness, disorientation, confusion, any involuntary movement, or convulsions.
This Agreement contains a Dispute Resolution and Arbitration Provision, including a Class Action Waiver, (the "Disputes Provision") that affects your rights under this End User License Agreement with respect to disputes you may have with Trash Panda Studios. You may opt out of the binding individual arbitration and class action waiver as provided herein.
Any and all uses of the Game are governed by the terms of this Agreement. To play the Game, you must (a) obtain from Trash Panda Studios access to the Game; (b) register an account if required; and (c) download the Game Client. The Game is made available and distributed solely for use by authorized end users according to the terms of this Agreement. Any use, reproduction, modification or distribution of the Game not expressly authorized by the terms of this Agreement is expressly prohibited.
YOU SHOULD PRINT A COPY OF THIS END USER LICENSE AGREEMENT AND THE PRIVACY POLICY FOR YOUR RECORDS AND FOR FUTURE REFERENCE.
All software programs and any and all files that are delivered to you or made available to you by Trash Panda Studios, (via on-line access, transmission, download or otherwise), including any "patcher", "installer", and any updates and modifications to such software programs, and any and all copies and derivative works of such software programs (collectively, with the Game Client, the "Game") is the copyrighted work of Trash Panda Studios and its affiliates. THE GAME IS LICENSED, NOT SOLD, TO YOU.
1. LIMITED LICENSE; RESTRICTIONS AND OWNERSHIP If you agree to this Agreement, you may download and install the computer software (hereafter referred to as the "Game Client") onto your computer or device for the sole purpose of playing the Game. To create an account ("Account") and use the Game, you must be at least 13 years of age. If you are between the age of 13 and the legal age of majority in your jurisdiction, your parent or legal guardian must review and agree to this EULA on your behalf. Subject to your compliance with all the terms and conditions in this Agreement, Trash Panda Studios hereby grants, and you hereby accept, a personal, limited, non-transferable, non-sublicensable, non-exclusive, and revocable license (a) to install the Game Client on one or more devices owned by you or under your legitimate control, and (b) to use the Game Client solely for your non-commercial entertainment purposes only. Subject to the Statutory Obligations, this Agreement does not give you any right to obtain reissues or replacements of the Game at any time and Trash Panda Studios is not obliged to supply software updates, upgrades, or expansions for the Game, or even to operate or continue to support the Game for an indefinite period. In all cases, the licenses granted to you in this Agreement will terminate upon the earlier of termination of this Agreement or termination of your Account.
2. SOFTWARE UPDATES AND ANTI-CHEATING AND SECURITY TOOLS Trash Panda Studios may deploy or provide patches, updates, improvements, upgrades and modifications to the Game ("Updates") that must be installed by you in the manner described by Trash Panda Studios in its discretion before you may continue to play the Game. We may update the Game remotely without notifying you, and you hereby grant to Trash Panda Studios your consent to deploy and apply such Updates. TRASH PANDA STUDIOS HAS IMPLEMENTED TOOLS AND SOFTWARE ("ANTI-CHEAT TOOLS") DESIGNED TO DETECT AND PREVENT CHEATING AND FRAUD. BY USING OR DOWNLOADING THE GAME OR ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE AND EXPRESSLY AGREE TO THE ACCESS TO YOUR COMPUTER OR DEVICE BY THESE ANTI-CHEAT TOOLS TO IDENTIFY OR DETECT CHEAT PROGRAMS.
3. LIMITATIONS AND RESTRICTIONS In addition to the restrictions, conditions and limitations set forth in the Drone Soccer Code of Conduct, the license granted to you in this End User License Agreement is subject to the following conditions, restrictions and limitations (collectively, the "License Limitations"). Any use of the Game in violation of the License Limitations will be regarded as an infringement of Trash Panda Studios' copyrights in and to the Game and will be a breach of this Agreement. You agree that you will not and will not assist any other person, under any circumstances, to: A. in whole or in part, distribute, publicly perform or display, sell, transmit, publish, edit, reproduce, sublicense, rent, lease, loan or otherwise transfer the Game or Content; B. in whole or in part, modify, adapt, translate, reverse engineer, attempt to derive source code from, modify, disassemble, decompile, or create derivative works based on the Game, except to the extent expressly permitted by applicable law; C. remove any proprietary notices or labels on the Game; or attempt in any manner to circumvent any security measures designed to control access to the Game or any part thereof; D. use cheats, automation software (bots), hacks, mods, trainers, or any other unauthorized third-party software designed to modify the Game or adversely impact any other persons playing of the Game; E. exploit the Game or any of its parts for any commercial purpose, including without limitation (a) using it at a commercial establishment without a separate commercial license; (b) for gathering Virtual Currency or items for sale outside the Game; or (c) performing in-game services in exchange for payment outside the Game, e.g., power-leveling; F. use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through the Game, including without limitation any software that reads areas of RAM used by the Game; G. exploit any bug, glitch, or unintended mechanic in the Game to gain an unfair advantage over other players; H. take any action or upload, post, transmit, promote, or distribute any illegal content; I. harass, stalk, threaten, embarrass, bully, spam or do anything else to another user of the Game that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.; J. impersonate any person or entity, including, but not limited to, Trash Panda Studios employees, or falsely state or otherwise misrepresent your affiliation with a person or entity.
4. OWNERSHIP OF THE GAME AND USER-GENERATED CONTENT Trash Panda Studios and its licensors are and will continue to be the owner of all right, title, and interest in and to the Game, including without limitation all intellectual property rights and moral rights in and to the Game and all copies thereof (including computer codes, audiovisual effects, themes, characters, drone designs, artwork, and sounds). The Game may allow you to create content, including custom drone designs, replays, or videos ("User-Generated Content" or "UGC"). In exchange for the use of the Game, you hereby grant Trash Panda Studios an exclusive, perpetual, irrevocable, fully transferable, and sub-licensable worldwide right and license to use your UGC in any way and for any purpose in connection with the Game. To the extent permitted by applicable law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to your UGC.
5. VIRTUAL GOODS AND CURRENCY The Game may include the ability to acquire licenses to use virtual goods and virtual in-game currency ("Virtual Goods"). Virtual Goods are licensed to you as part of the Game service. They have no monetary or "real world" value. Trash Panda Studios has the absolute right to manage, regulate, control, modify, and/or eliminate such Virtual Goods at its sole discretion. All payments and fees are non-refundable under all circumstances, except as expressly required by applicable law. You may not sell, trade, transfer, or exchange Virtual Goods or your Account with any third party.
6. COLLECTION AND PROCESSING OF PERSONAL DATA Trash Panda Studios will process your personal data in accordance with our Privacy Policy. By using the Game, you consent to the collection, use, storage, and transmission of technical and related information that identifies your computer, operating system, and gameplay data (including scores, rankings, telemetry, and achievements) in order to operate, improve and optimize the Service.
7. TERMINATION This End User License Agreement starts at the time you accept this End User License Agreement and it will remain effective until terminated. You may terminate this End User License Agreement at any time by permanently destroying all copies of the Game in your possession or control. Subject to the Statutory Obligations, Trash Panda Studios may terminate this End User License Agreement and your Account at any time for any reason or no reason. Upon termination for any reason, all licenses granted in this Agreement shall immediately terminate.
8. EXPORT RESTRICTIONS The Game may not be exported, re-exported, downloaded or otherwise transferred (i) to or into any country which requires an Export license or which the United States Government prohibits Exports, or (ii) to any person or entity prohibited from receiving goods or services of U.S. origin.
9. WARRANTY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE GAME IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. TRASH PANDA STUDIOS AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TRASH PANDA STUDIOS DOES NOT WARRANT THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY, REIMBURSEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRASH PANDA STUDIOS OR ITS AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE THE GAME, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL TRASH PANDA STUDIOS' TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME.
11. CHANGES TO THE AGREEMENT Trash Panda Studios may replace this End User License Agreement with new versions over time as the Game and the law evolve. Your continued use of the Software and play of the Game after a modification of the EULA will be deemed as your acceptance of any modified terms.
12. DISPUTE RESOLUTION BY BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS. This Section 12 applies to any dispute, claim, or controversy between you and Trash Panda Studios arising from or relating in any way to this Agreement or the Game ("Dispute"). You and Trash Panda Studios agree that any and all Disputes shall be resolved exclusively through final and binding individual arbitration, and not in a court of law. BY ENTERING INTO THIS AGREEMENT, YOU AND TRASH PANDA STUDIOS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. You have the right to opt out of this binding arbitration provision within thirty (30) days of the date you first accept the terms of this Agreement by sending written notification to: trashpandastudios.help@gmail.com with the subject line "Arbitration Opt-Out." The arbitration will be administered by the American Arbitration Association ("AAA").
13. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to its conflict of law principles.
14. MISCELLANEOUS This End User License Agreement, together with the Privacy Policy, constitutes the entire agreement between you and Trash Panda Studios with respect to the subject matter hereof and supersedes any prior oral or written agreements. If any provision of this Agreement is held to be invalid or unenforceable, that provision will be struck, and the remaining provisions will remain in full force and effect. The failure of Trash Panda Studios to exercise or enforce any right or provision of this Agreement will not constitute waiver of such right or provision.
I hereby acknowledge that I have read and understand all the terms and conditions in this Agreement. **** By clicking AGREE, **** I acknowledge and agree to be bound by all the terms and conditions of this Agreement, which includes my express consent to Trash Panda Studios' use of Anti-Cheat Tools as described herein.
End User License Agreement ("EULA") YOU SHOULD CAREFULLY READ THE ENTIRE FOLLOWING END USER LICENSE AGREEMENT BEFORE DOWNLOADING, INSTALLING, USING OR PLAYING THE GAME OR ANY RELATED SOFTWARE (collectively, the "GAME"). THIS AGREEMENT CONTAINS IMPORTANT TERMS THAT AFFECT YOUR LEGAL RIGHTS, INCLUDING A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION. BY DOWNLOADING, INSTALLING, USING OR PLAYING THE GAME, YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, PLEASE DO NOT (AND YOU ARE NOT PERMITTED TO) DOWNLOAD, INSTALL, USE OR PLAY THE GAME.
BY DOWNLOADING, INSTALLATION, USING OR PLAYING THE GAME YOU CONFIRM THAT YOU HAVE READ THIS END USER LICENSE AGREEMENT AND THE TRASH PANDA STUDIOS LLC PRIVACY POLICY AND THAT YOU AGREE TO THE TERMS IN THIS AGREEMENT. YOU FURTHER ACKNOWLEDGE AND UNDERSTAND THAT TRASH PANDA STUDIOS LLC WILL PROCESS YOUR PERSONAL DATA IN ACCORDANCE WITH THE TRASH PANDA STUDIOS LLC PRIVACY POLICY.
IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, OR YOU HAVE NOT READ AND UNDERSTOOD THE PRIVACY POLICY, DO NOT DOWNLOAD, INSTALL OR USE THE GAME.
This Agreement is between you and Trash Panda Studios LLC, a New York limited liability company ("Trash Panda Studios").
IF YOU ARE RESIDENT IN THE EEA, UNITED KINGDOM, SWITZERLAND, RUSSIA, AUSTRALIA, NEW ZEALAND, TURKEY, JAPAN OR BRAZIL, TRASH PANDA STUDIOS ACKNOWLEDGES THAT THERE ARE CERTAIN GUARANTEES, WARRANTIES, TERMS AND CONDITIONS (INCLUDING IN RESPECT OF REFUNDS AND RETURNS AND UNFAIR TERMS) IMPOSED BY THE LAWS RELATING TO THE SUPPLY OF GOODS, SERVICES AND DIGITAL CONTENT WHICH THE LAWS EXPRESSLY PROVIDE MAY NOT BE EXCLUDED, RESTRICTED OR MODIFIED OR MAY ONLY BE LIMITED TO A CERTAIN EXTENT (THE "STATUTORY OBLIGATIONS"). NOTHING IN THIS EULA EXCLUDES, RESTRICTS OR MODIFIES THE STATUTORY OBLIGATIONS OTHERWISE THAN ACCORDING TO SUCH LAWS.
A very small percentage of individuals may experience epileptic seizures or blackouts when exposed to certain visual images, including without limitation light patterns or flashing lights. If you experience any of the following symptoms while playing the Game, immediately discontinue use and consult your physician before resuming play: blackouts, seizures, dizziness, altered vision, eye or muscle twitches, jerking or shaking of arms or legs, loss of awareness, disorientation, confusion, any involuntary movement, or convulsions.
This Agreement contains a Dispute Resolution and Arbitration Provision, including a Class Action Waiver, (the "Disputes Provision") that affects your rights under this End User License Agreement with respect to disputes you may have with Trash Panda Studios. You may opt out of the binding individual arbitration and class action waiver as provided herein.
Any and all uses of the Game are governed by the terms of this Agreement. To play the Game, you must (a) obtain from Trash Panda Studios access to the Game; (b) register an account if required; and (c) download the Game Client. The Game is made available and distributed solely for use by authorized end users according to the terms of this Agreement. Any use, reproduction, modification or distribution of the Game not expressly authorized by the terms of this Agreement is expressly prohibited.
YOU SHOULD PRINT A COPY OF THIS END USER LICENSE AGREEMENT AND THE PRIVACY POLICY FOR YOUR RECORDS AND FOR FUTURE REFERENCE.
All software programs and any and all files that are delivered to you or made available to you by Trash Panda Studios, (via on-line access, transmission, download or otherwise), including any "patcher", "installer", and any updates and modifications to such software programs, and any and all copies and derivative works of such software programs (collectively, with the Game Client, the "Game") is the copyrighted work of Trash Panda Studios and its affiliates. THE GAME IS LICENSED, NOT SOLD, TO YOU.
1. LIMITED LICENSE; RESTRICTIONS AND OWNERSHIP If you agree to this Agreement, you may download and install the computer software (hereafter referred to as the "Game Client") onto your computer or device for the sole purpose of playing the Game. To create an account ("Account") and use the Game, you must be at least 13 years of age. If you are between the age of 13 and the legal age of majority in your jurisdiction, your parent or legal guardian must review and agree to this EULA on your behalf. Subject to your compliance with all the terms and conditions in this Agreement, Trash Panda Studios hereby grants, and you hereby accept, a personal, limited, non-transferable, non-sublicensable, non-exclusive, and revocable license (a) to install the Game Client on one or more devices owned by you or under your legitimate control, and (b) to use the Game Client solely for your non-commercial entertainment purposes only. Subject to the Statutory Obligations, this Agreement does not give you any right to obtain reissues or replacements of the Game at any time and Trash Panda Studios is not obliged to supply software updates, upgrades, or expansions for the Game, or even to operate or continue to support the Game for an indefinite period. In all cases, the licenses granted to you in this Agreement will terminate upon the earlier of termination of this Agreement or termination of your Account.
2. SOFTWARE UPDATES AND ANTI-CHEATING AND SECURITY TOOLS Trash Panda Studios may deploy or provide patches, updates, improvements, upgrades and modifications to the Game ("Updates") that must be installed by you in the manner described by Trash Panda Studios in its discretion before you may continue to play the Game. We may update the Game remotely without notifying you, and you hereby grant to Trash Panda Studios your consent to deploy and apply such Updates. TRASH PANDA STUDIOS HAS IMPLEMENTED TOOLS AND SOFTWARE ("ANTI-CHEAT TOOLS") DESIGNED TO DETECT AND PREVENT CHEATING AND FRAUD. BY USING OR DOWNLOADING THE GAME OR ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE AND EXPRESSLY AGREE TO THE ACCESS TO YOUR COMPUTER OR DEVICE BY THESE ANTI-CHEAT TOOLS TO IDENTIFY OR DETECT CHEAT PROGRAMS.
3. LIMITATIONS AND RESTRICTIONS In addition to the restrictions, conditions and limitations set forth in the Drone Soccer Code of Conduct, the license granted to you in this End User License Agreement is subject to the following conditions, restrictions and limitations (collectively, the "License Limitations"). Any use of the Game in violation of the License Limitations will be regarded as an infringement of Trash Panda Studios' copyrights in and to the Game and will be a breach of this Agreement. You agree that you will not and will not assist any other person, under any circumstances, to: A. in whole or in part, distribute, publicly perform or display, sell, transmit, publish, edit, reproduce, sublicense, rent, lease, loan or otherwise transfer the Game or Content; B. in whole or in part, modify, adapt, translate, reverse engineer, attempt to derive source code from, modify, disassemble, decompile, or create derivative works based on the Game, except to the extent expressly permitted by applicable law; C. remove any proprietary notices or labels on the Game; or attempt in any manner to circumvent any security measures designed to control access to the Game or any part thereof; D. use cheats, automation software (bots), hacks, mods, trainers, or any other unauthorized third-party software designed to modify the Game or adversely impact any other persons playing of the Game; E. exploit the Game or any of its parts for any commercial purpose, including without limitation (a) using it at a commercial establishment without a separate commercial license; (b) for gathering Virtual Currency or items for sale outside the Game; or (c) performing in-game services in exchange for payment outside the Game, e.g., power-leveling; F. use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through the Game, including without limitation any software that reads areas of RAM used by the Game; G. exploit any bug, glitch, or unintended mechanic in the Game to gain an unfair advantage over other players; H. take any action or upload, post, transmit, promote, or distribute any illegal content; I. harass, stalk, threaten, embarrass, bully, spam or do anything else to another user of the Game that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.; J. impersonate any person or entity, including, but not limited to, Trash Panda Studios employees, or falsely state or otherwise misrepresent your affiliation with a person or entity.
4. OWNERSHIP OF THE GAME AND USER-GENERATED CONTENT Trash Panda Studios and its licensors are and will continue to be the owner of all right, title, and interest in and to the Game, including without limitation all intellectual property rights and moral rights in and to the Game and all copies thereof (including computer codes, audiovisual effects, themes, characters, drone designs, artwork, and sounds). The Game may allow you to create content, including custom drone designs, replays, or videos ("User-Generated Content" or "UGC"). In exchange for the use of the Game, you hereby grant Trash Panda Studios an exclusive, perpetual, irrevocable, fully transferable, and sub-licensable worldwide right and license to use your UGC in any way and for any purpose in connection with the Game. To the extent permitted by applicable law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to your UGC.
5. VIRTUAL GOODS AND CURRENCY The Game may include the ability to acquire licenses to use virtual goods and virtual in-game currency ("Virtual Goods"). Virtual Goods are licensed to you as part of the Game service. They have no monetary or "real world" value. Trash Panda Studios has the absolute right to manage, regulate, control, modify, and/or eliminate such Virtual Goods at its sole discretion. All payments and fees are non-refundable under all circumstances, except as expressly required by applicable law. You may not sell, trade, transfer, or exchange Virtual Goods or your Account with any third party.
6. COLLECTION AND PROCESSING OF PERSONAL DATA Trash Panda Studios will process your personal data in accordance with our Privacy Policy. By using the Game, you consent to the collection, use, storage, and transmission of technical and related information that identifies your computer, operating system, and gameplay data (including scores, rankings, telemetry, and achievements) in order to operate, improve and optimize the Service.
7. TERMINATION This End User License Agreement starts at the time you accept this End User License Agreement and it will remain effective until terminated. You may terminate this End User License Agreement at any time by permanently destroying all copies of the Game in your possession or control. Subject to the Statutory Obligations, Trash Panda Studios may terminate this End User License Agreement and your Account at any time for any reason or no reason. Upon termination for any reason, all licenses granted in this Agreement shall immediately terminate.
8. EXPORT RESTRICTIONS The Game may not be exported, re-exported, downloaded or otherwise transferred (i) to or into any country which requires an Export license or which the United States Government prohibits Exports, or (ii) to any person or entity prohibited from receiving goods or services of U.S. origin.
9. WARRANTY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE GAME IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. TRASH PANDA STUDIOS AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TRASH PANDA STUDIOS DOES NOT WARRANT THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY, REIMBURSEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRASH PANDA STUDIOS OR ITS AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE THE GAME, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL TRASH PANDA STUDIOS' TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME.
11. CHANGES TO THE AGREEMENT Trash Panda Studios may replace this End User License Agreement with new versions over time as the Game and the law evolve. Your continued use of the Software and play of the Game after a modification of the EULA will be deemed as your acceptance of any modified terms.
12. DISPUTE RESOLUTION BY BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS. This Section 12 applies to any dispute, claim, or controversy between you and Trash Panda Studios arising from or relating in any way to this Agreement or the Game ("Dispute"). You and Trash Panda Studios agree that any and all Disputes shall be resolved exclusively through final and binding individual arbitration, and not in a court of law. BY ENTERING INTO THIS AGREEMENT, YOU AND TRASH PANDA STUDIOS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. You have the right to opt out of this binding arbitration provision within thirty (30) days of the date you first accept the terms of this Agreement by sending written notification to: trashpandastudios.help@gmail.com with the subject line "Arbitration Opt-Out." The arbitration will be administered by the American Arbitration Association ("AAA").
13. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to its conflict of law principles.
14. MISCELLANEOUS This End User License Agreement, together with the Privacy Policy, constitutes the entire agreement between you and Trash Panda Studios with respect to the subject matter hereof and supersedes any prior oral or written agreements. If any provision of this Agreement is held to be invalid or unenforceable, that provision will be struck, and the remaining provisions will remain in full force and effect. The failure of Trash Panda Studios to exercise or enforce any right or provision of this Agreement will not constitute waiver of such right or provision.
I hereby acknowledge that I have read and understand all the terms and conditions in this Agreement. **** By clicking AGREE, **** I acknowledge and agree to be bound by all the terms and conditions of this Agreement, which includes my express consent to Trash Panda Studios' use of Anti-Cheat Tools as described herein.