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Terms of Use
Last updated September 2018

This is the JumpStream (the "Game"). The "Game" collectively refers to all game and online services owned and operated by Digital Continue, listed here. Through our Game we may provide product information, customer support and product registration services, opportunities to purchase our products, promotional offers or contests, links to relevant third parties' websites, means to communicate directly with us, and other features and services that we may elect in our discretion to include in the Game (the "Services"). These terms and conditions and notices ("Terms of Use" or "Agreement") set forth the binding and enforceable agreement between Digital Continue and you ("you", "player", or "user") for your use of this Game.

BY USING OUR GAME AND THE SERVICES YOU ARE INDICATING YOUR AGREEMENT WITH THESE TERMS OF USE. WE MAY MODIFY THESE TERMS OF USE FROM TIME TO TIME IN OUR SOLE DISCRETION BY PUBLISHING THE NEW TERMS HERE OR AS OTHERWISE REQUIRED BY APPLICABLE LAW. YOUR CONTINUED USE OF THIS GAME AFTER THE MODIFICATIONS HAVE BEEN PUBLISHED HERE INDICATES YOUR ACCEPTANCE OF THE NEW TERMS OF USE.
YOU AGREE YOU HAVE READ CAREFULLY AND UNDERSTAND THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS GAME AND EXIT IMMEDIATELY.

STATE AND FEDERAL CIVIL AND CRIMINAL LAWS ALSO APPLY TO YOUR CONDUCT AND ACTIVITIES IN RELATION TO THIS GAME. DIGITAL CONTINUE RESERVES THE RIGHT TO REPORT ANY ACTIVITY THAT DIGITAL CONTINUE REASONABLY BELIEVES IS IN VIOLATION OF APPLICABLE LAW TO THE RELEVANT AUTHORITIES AND TO COOPERATE IN ANY RESULTING GOVERNMENTAL ACTIONS OR INVESTIGATIONS.

We reserve the right to update these rules at any time to maintain the best in-game experience.
You may be presented with additional terms, codes of conduct or guidelines that govern use of specific features or Services included in the Game ("Additional Terms") in such a way that your agreement to those Additional Terms may be required before you will be permitted to access or use those features or Services. To the extent that any of the provisions contained in these Terms of Use conflict with the Additional Terms, these Terms of Use shall control

ELECTRONIC COMMUNICATIONS

When you use any Digital Continue Game, Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, or by making a purchase from one of our websites, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, in-app push notices, or by posting notices and messages on this site or through the other Digital Continue Games and Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

RULES OF CONDUCT FOR USERS

You are solely responsible for all Content posted by you or under your account to forums, chat rooms or bulletin boards, in-game, or transmitted by you or under your account using the Services ("Communications"). You are also solely responsible for, and assume any and all risks associated with, reviewing and/or using any Communications. We do not endorse, edit, verify, or control any Communications nor guarantee the accuracy, integrity or quality of anything within them. Users may be held legally liable for any Communications that include material that infringes any patent, copyright, trademark, trade secret, or other proprietary right of any person or entity.

You understand that by using the Game, you may be exposed to Communications that you may find offensive, indecent or objectionable. If you believe such Communications violate these rules of conduct, you may report them to us at help@digitalcontinue.com. If Digital Continue receives notification of a user regarding Communications which allegedly do not conform to this Agreement, Digital Continue may investigate the allegations and determine in good faith and at its sole discretion whether or not to remove or request the removal of the Communication, however, we expressly disclaim any representation that we will monitor or supervise Communications. Under no circumstances will Digital Continue be liable for any errors or omissions in any Communication or for any loss or damages of any kind incurred as a result of the use of any information contained within the communication Services. However, we reserve the right to take the following actions, in our sole discretion: to monitor the Services and Communications

You agree not to submit any Communication that contains or provides links to:

• Any material that is unlawful, threatening, abusive, harassing, tortious, defamatory, invasive of privacy or publicity rights, hateful, vulgar, obscene, profane, harmful, libelous, indecent, racially, ethnically, or otherwise objectionable (including, but not limited to, posting the private information of other parties)
• Any material that impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity
• Any Content that you do not have a right to transmit under any law or any contractual or fiduciary relationship (such as inside information, trade secrets, and other proprietary information and/or confidential information)
• Any material that violates or infringes in any way upon the rights of others, including, without limitation, any patent, trade secret, right of privacy, right of publicity, copyright or trademark rights
• Any material containing any unsolicited or unauthorized advertising or commercial solicitation of any kind whatsoever, including, without limitation, distribution of unsolicited email using an Digital Continue address or containing any references to Digital Continue ("spam"), "junk mail," "chain letters," "pyramid schemes," or any use of distribution lists to any person or entity who has not given specific permission to be included on such a list.
• Any material that contains software viruses or any other computer code, programs, files, corrupted data, or any other harmful or damaging component designed to interrupt, impair, destroy, or limit the functionality or operability of any computer system, software, hardware, or telecommunications equipment
• Any material that constitutes "stalking" or any other form of harassment of any member or user of the Game or any other person
• Any material containing nudity, pornography, or sexual material of a lewd, vulgar, lascivious, indecent, lecherous or obscene nature or intent, or that violates local, state, national, and/or international laws
• Content that promotes, encourages, or provides instructional information about any illegal activities or any material which encourages conduct that would violate any law or give rise to civil or criminal liability under any law. (including, but not limited to, "hacking," "cracking," or "phreaking")
• Any raffle, contest, or game requiring payment of a fee or other consideration by participants
• Any hate propaganda or hate mongering, swearing, or fraudulent material or activity
• Any Content that advertises or promotes any product or service
• Content that solicits funds, advertisers or sponsors
• Any Content that disrupts the normal functioning of the Service
• Any Content or activity that Digital Continue, in its sole discretion, deems inappropriate for its Game
• You agree to not cheat, exploit, manipulate, with or without external software or otherwise give yourself an unfair advantage in JumpStream. Additionally, you agree not to bypass or attempt to bypass in-game rules, filters, or other features.

YOUR LICENSE TO US

Unless specifically stated otherwise in the rules or guidelines applicable to the specific Service, user-submitted Communications remain the intellectual property of the individual user. By submitting or posting Communications to the Game, you automatically grant Digital Continue an unrestricted, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Communications and your name, voice, and/or likeness as included in your Communication, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe, all without notice to you, and with or without attribution. You agree that any Communications you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Digital Continue, and its respective affiliates, employees, officers, and directors from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable attorneys' fees) incurred in connection with your use or alleged use of the Game, including your conduct, and any Communications and/or content that you contribute to the Game, and any breach of these Terms of Use or any EULA. Digital Continue reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Digital Continue's defense of such claim.

DIGITAL CONTINUE WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED WITH THIRD PARTIES OR ANY LIABILITIES OR DAMAGES ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON THE LINKED SITES.

DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY

YOUR USE OF THIS GAME IS AT YOUR SOLE RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS GAME ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. DIGITAL CONTINUE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS GAME. DIGITAL CONTINUE MAKES NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS GAME MAY BE OUT OF DATE, AND DIGITAL CONTINUE DOES NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS GAME ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS GAME. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.

IN NO EVENT SHALL DIGITAL CONTINUE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES COMMUNICATIONS, CONTENT AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DIGITAL CONTINUE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

TERMINATION

You or we may suspend or terminate your account or your use of this Game at any time, for any reason or for no reason. Digital Continue reserves the right to withdraw, suspend or discontinue at any time and from time to time any Content or Services available on the Game and any functionality or features in or on the Game, including the cessation of all activities associated with the Game, with or without notice.