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TERMS OF SERVICE

These terms of service (“TOS”) govern the relationship between you and Makea Games Oy, a Finnish company (business ID 3263743-6) ("Makea” or “we”) regarding the use of Makea games, website and related services (“Services”). By creating an account, installing, using or otherwise accessing the Services, you agree to these TOS and affirm that you are of legal age in your country of residence to become bound by these TOS or if you are not, that you have obtained parental or guardian consent to enter into these TOS. Use of the Services is also governed by our Privacy Policy and other relevant policies and documents incorporated herein by reference.

IF YOU DO NOT AGREE TO THESE TOS, PLEASE DO NOT CREATE AN ACCOUNT, INSTALL, USE OR OTHERWISE ACCESS THE SERVICES.

FOR UNITED STATES AND CANADIAN RESIDENTS, THESE TOS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS-ACTION WAIVER THAT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. IF YOU LIVE IN THE UNITED STATES OR CANADA, PLEASE READ SECTION 13 (“GOVERNING LAW AND DISPUTE RESOLUTION”) CAREFULLY. EXCEPT WHERE YOU OPT OUT, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THESE TOS, YOU AGREE THAT ANY DISPUTES ARISING BETWEEN YOU AND MAKEA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Makea reserves the right, at its discretion, to change, modify, add or remove portions of these TOS, the Privacy Policy or other policies at any time. We will take appropriate measures to inform you via the Services, posting the amended terms or policies on our website or otherwise, in accordance with the significance of the changes we make. You will be deemed to have accepted such changes by continuing to use the Services.

If at any point you do not agree to any portion of the then-current version of our TOS, the Privacy Policy or other relevant policy relating to your use of the Services, your right to use the Services shall immediately terminate, and you must immediately stop using the Services.

1 ACCOUNTS AND LOGIN INFORMATION

You may be required to create an Account to access and use the Services (“Account”) and select a password for your Account or you may also use other credentials to access the Account (“Login Information“).
Your Account is personal to you. You agree that you will not give your Login Information to anyone else or allow anyone else to use your Login Information or Account. You are solely responsible for maintaining the confidentiality of the Login Information, and you are responsible for all uses of your Account, including but not limited to purchases.

2 RIGHT TO USE THE SERVICES and Restrictions

Subject to these TOS, Makea hereby grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable right and license to install and use the Services for your personal non-commercial use only.
The following restrictions apply to the use of the Services. If you do not use the Services in accordance with these restrictions, we may take actions as a result, which may include terminating your Account and prohibiting you from using our Services or parts of our Services.

You shall not:
- use the Services if you have previously been removed or banned from playing any Makea’s game by Makea;
- use directly or indirectly or take part in the use of any cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services;
- disrupt, interfere with or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users’ experience when using the Services;
- attempt to decompile, reverse engineer, disassemble or hack any of the Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by Makea, or to obtain any information from the Services using any method not expressly permitted by Makea;
- disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Services;
- 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 rights of any person or entity;
- collect or post anyone's private information, including personal information in whatever form;
- post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis;
- post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
- attempt to gain unauthorized access to the Services, to accounts registered to others or the computers, servers, or networks connected to the Services, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying, any security, technology, device, encryption, or software that is part of the Services;
- use the Services, directly or indirectly, for gambling, betting or any similar activity in which prizes or rewards can be won, irrespective of whether or not there is a fee or stake involved;
- use the Services in violation of any applicable law or regulation; or
- engage in any act that Makea deems to conflict with the intent or spirit of the Services. Makea reserves the right to determine which acts it considers violating the intent or spirit of the Services.

3 PRIVACY NOTICE

Your privacy and the privacy of your data are important to Makea. For information about how we collect and use personal information, please see our Privacy Policy.

4 Ownership

4.1 Services

All rights not expressly granted herein in these TOS are reserved by Makea. Makea and its licensors retain all right, title and interest in and to the Services, including but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audio-visual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, gameplay recordings made using the Services, moral rights, whether registered or not and all applications thereof. You have no right or title in or to any content that appears in the Services (including but not limited to Virtual Items as defined below). Unless expressly authorized by law, the Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without Makea’s prior written approval.

4.2 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 that all rights in and to the Account are and shall forever be owned by and inure to the benefit of Makea.

4.3 Virtual Items

You may be able to purchase a license for certain virtual goods and virtual currencies to be used within the Services (“Virtual Items”). Virtual Items are licensed on a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable basis and are intended solely for non-commercial use. We may manage, control, alter, modify or eliminate Virtual Items in whole or in part at any time in our sole discretion, with or without notice to you, and we shall have no liability to you or any third party in case we exercise any such rights.

5 PURCHASES

ALL PURCHASES OF VIRTUAL ITEMS THROUGH THE SERVICES ARE FINAL AND NON-REFUNDABLE, EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW. PRICE, OTHER APPLICABLE CHARGES AND AVAILABILITY OF VIRTUAL ITEMS ARE SUBJECT TO CHANGE WITHOUT NOTICE. WE ARE NOT LIABLE FOR PROVIDING ANY REFUND FOR ANY REASON, AND YOU ARE NOT ENTITLED TO RECEIVE COMPENSATION OF ANY KIND FOR ANY VIRTUAL ITEMS WHEN YOUR ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

IF YOU ASK FOR YOUR ACCOUNT OR PERSONAL DATA TO BE DELETED AS DESCRIBED IN OUR PRIVACY POLICY, YOU WILL PERMANENTLY FORFEIT ALL OF YOUR VIRTUAL ITEMS WITHOUT THE RIGHT TO REFUND, AS WE WILL NO LONGER BE ABLE TO ASSOCIATE SUCH VIRTUAL ITEMS WITH YOU.

6 USER CONTENT

You may be able to create certain content while using the Services, which may include but is not limited to levels, characters, images, sounds, communications or other information that you upload or transmit through our Services (“User Content”). You are solely responsible for your User Content.

Makea has the right, but not the obligation, in its sole discretion to review, monitor, prohibit, edit, delete, disable or restrict access to or otherwise make unavailable any User Content without notice for any reason or for no reason at any time. If at any time Makea chooses, in its sole discretion, to monitor the Services, Makea nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content.

You hereby grant Makea a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your User Content in any way and for any purposes including, but not limited to, the right to use, reproduce, copy, adapt, modify, manufacture, create derivate works of, translate, commercialize, exploit (including but not limited to your name, likeness and any other information or material included in or used in connection of any User Content), digitally perform, display, distribute, publish, broadcast, transmit, or otherwise communicate to the public by any current or future means and to distribute your User Content without any further notice or compensation or obligation to you of any kind. You hereby waive any moral rights you may have in your User Content with respect to our use of the User Content to the maximum extent permitted by applicable laws, and if the applicable statutory law does not allow waiving thereof, you irrevocably agree not to exercise such possible rights in any manner that would interfere with Makea’s exercise of the granted rights.

Makea does not claim any ownership rights in your User Content, and nothing in these TOS is intended to restrict any rights that you may have to use and exploit your User Content. Makea has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

7 TERMINATION OR SUSPENSION OF ACCOUNT

Without limiting any other remedies available to us, if we believe that you are in breach of these TOS, we reserve the right at our sole discretion, either with or without notice to you and consistent with relevant regulation, to limit or suspend or prohibit your access to the Service, and/or modify or remove any of your Virtual Items and/or close your Account or parts of your Account and terminate these TOS between you and Makea.

We reserve the right to stop offering and/or supporting the Services or part of the Services at any time, at which point your right to use the Services or part of the Services will terminate automatically. In such an event, we shall not be required to provide any refunds, benefits or other compensation.

You may close your Account at any time and for any reason by informing us by sending an email to [email protected].

8 THIRD-PARTY SERVICES

The Services may include links to third-party websites or services (including, but not limited to, advertisements displayed by third parties) and/or the third-party services may be made available to you via the Services. These services are subject to respective third-party terms and conditions. Please read these third-party terms and conditions carefully, as they constitute an agreement between you and the relevant third-party service provider to which Makea is not a party. If you provide data to such third parties, you are providing it in accordance with their privacy policy (if any), and you understand our Privacy Policy does not apply to such data.

9 DISCLAIMERS

THE SERVICES ARE PROVIDED ON AN “AS IS” AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT ANY WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. MAKEA DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, the above disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Nothing in these TOS shall infringe upon the statutory rights that you may have as a consumer.

10 LIMITATIONS OF LIABILITY AND INDEMNIFICATION

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAKEA SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, OR ANY ACTUAL OR ALLEGED INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TOS OR THE SERVICES ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MAKEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, MAKEA SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO MAKEA IN ACCORDANCE WITH THESE TOS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO MAKEA DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND MAKEA'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH MAKEA IS TO STOP USING THE SERVICES AND TO CLOSE YOUR ACCOUNT. ANY CLAIMS FOR DAMAGES MUST BE PRESENTED WITHIN ONE (1) YEAR AFTER THE DAMAGE OCCURRED, OR THE RIGHT TO COMPENSATION IS FORFEITED.

You are solely responsible for your User Content and use of the Services and agree to indemnify, defend and hold Makea (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third party resulting from or arising out of any actual or alleged breach of such third party’s rights by any User Content you have created while using the Services or your use of the Services or any breach by you of these TOS.

Some jurisdictions do not allow certain limitations of liability, such as those stated above, or entering into the indemnification obligation above; thus, the terms of this Section 10 may not apply to you. Instead, in such jurisdictions, the above limitations of liability shall apply only to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS will infringe upon any statutory rights you may have as a consumer.

11 EQUITABLE REMEDIES

In the event that you breach these TOS, you hereby agree that Makea would be irreparably damaged if these TOS were not specifically enforced, and therefore, you agree that Makea shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these TOS, in addition to such other remedies as Makea may otherwise have available to it under applicable laws.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation 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, limited by Section 10 (if any).

12 UPDATES TO THE SERVICES

We are constantly developing our Services. We may update the Services with or without notifying you and may require that you accept updates to the Services.

13 GOVERNING LAW AND DISPUTE RESOLUTION

This Section 13 applies to all Claims between you and Makea. A “Claim” is any dispute, claim, or controversy between you and Makea, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, that either party wishes to seek legal recourse for and that arises from or relates to these TOS, the Privacy Policy or the Services, including any claims related to the validity, enforceability, or scope of these TOS or any portion of it.
If the jurisdiction of your domicile prohibits Makea from enforcing the governing law and dispute resolution provisions set forth in this Section 13, nothing in these TOS limits your rights based on the laws governing your domicile.

FOR THOSE RESIDING OUTSIDE OF THE UNITED STATES AND CANADA

If you are a resident outside the United States and Canada, you agree that these TOS and all Claims shall be governed by the laws of Finland, regardless of conflict of law provisions. You agree that any Claim you file against Makea shall be resolved by the District Court of Helsinki, Finland, as the first instance.

FOR THOSE RESIDING IN THE UNITED STATES AND CANADA

If you are a United States or Canadian resident, these TOS and all Claims shall be governed by the laws of the State of California, the United States, without regard to conflict of law provisions. You and Makea agree to resolve any Claim exclusively in final and binding arbitration as set forth in Sections 13.1 to 13.5. Any Claim not subject to arbitration shall be resolved only by a federal or state court located in San Francisco, California, the United States.

Sections 13.1 to 13.5 apply to you if you are a resident of the United States or Canada. They do not apply to you if you are a resident of any other country.

13.1 Informal Dispute Resolution Prior to Arbitration

If you have a Claim against Makea or if Makea has a Claim against you, you and Makea will first try to informally resolve any dispute directly with each other in order to try and resolve the Claim faster and reduce costs for both parties. You and Makea will make a good-faith effort to negotiate the resolution of any Claim for thirty (30) days, or such longer period as mutually agreed in writing (email suffices) by the parties (“Informal Resolution Period”) from the day either party receives a written notice of a dispute from the other party (a “Claimant Notice”) in accordance with these Terms.

You will send any Claimant Notice to Makea by email to [email protected]. Makea will send any Claimant Notice to you using the contact information you have provided to Makea. The Claimant Notice sent by either party must (i) include the sender’s name, address, email address, and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought.

The statute of limitations and any filing fee deadlines for a Claim shall be tolled for the duration of the Informal Resolution Period for that Claim so that the parties can engage in this informal dispute-resolution process.

13.2 Arbitration Agreement

If you and Makea do not resolve a Claim during the Informal Resolution Period, the Claim may, except as noted in Section 13.4 below, only be settled by binding individual arbitration conducted by the American Arbitration Association (“AAA”), according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (“FAA”) and according the AAA’s rules and procedures, including the Consumer Arbitration Rules, in effect at the time the Claim arose (“Rules”), as modified by these TOS, meaning that if there is a conflict between these TOS and the AAA’s rules and procedures, then these TOS will be followed.

If you or Makea brings a Claim in court or proceeds to arbitration without complying with the requirements in this Section 13, the other party reserves the right to seek relief from a court to enjoin the filing and seek damages from the party that has not followed the requirements in this Section 13 to reimburse it for any arbitration fees and costs already incurred as a foreseeable consequence of that breach.

These TOS affect interstate commerce, and the enforceability of this Section 13 will be substantively and procedurally governed by the FAA to the extent permitted by law. As limited by the FAA, these TOS, and the Rules, the arbitrator will have the exclusive authority to decide all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to decide the enforceability, revocability, or validity of any portion of Section 13.

Claims subject to arbitration will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.

13.3 Arbitration Process

Following the conclusion of the Informal Resolution Period, you or Makea may initiate arbitration of any Claim by filing a demand for arbitration with the AAA in accordance with the Rules.

Instructions for filing a demand for arbitration with the AAA are available on the AAA website, , or by calling AAA at 800-778-7879. If either of us decides to start an arbitration, that party will provide the other party with a written Demand for Arbitration as specified in the Rules. You will send a copy of any demand for arbitration to Makea by email to [email protected]. Makea will send any demand for arbitration to you by certified mail or email using the contact information you have provided to Makea.

The arbitration will be conducted by a single arbitrator in the English language. You and Makea both agree that the arbitrator will be bound by these TOS.

Each party will be responsible for arbitration fees in accordance with the applicable Rules and these TOS. Each side will pay their own attorneys’ fees and costs unless the claims allow for the prevailing party to recover attorneys’ fees and costs, in which case the arbitrator may award them under the applicable law. Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.

For Claims in which the claimant seeks less than USD $10,000, the arbitrator will decide the matter solely based on written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required and you reside in the United States, the hearing will take place in the City of New York, New York, the United States, unless the arbitrator determines that this would pose a hardship for you.

Unless you and Makea agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.

13.4 Exceptions to Agreement to Arbitrate

You and Makea agree that the following Claims need not be brought into arbitration:

- Claims exclusively related to the intellectual property or intellectual property rights of you or Makea, including any disputes in which you or Makea seek injunctive or other equitable relief for the alleged unlawful use of your or Makea’s intellectual property or other infringement of your or Makea’s intellectual property rights (“IP Claims”) such as claims to enforce, protect, or concerning the validity of your or Makea’s copyrights, trademarks, trade dress, domain names, patents, trade secrets, or other intellectual property rights.
- Claims that qualify for small claims court (provided that the small-claims court does not permit class or similar representative actions or relief).
For clarity, Claims that are not related to intellectual property or intellectual property rights but that are brought jointly with IP Claims are subject to the arbitration requirement.

13.5 No Class Actions

YOU AND MAKEA MAY ONLY BRING CLAIMS AGAINST EACH OTHER ON AN INDIVIDUAL BASIS.

This means:

- Neither you nor Makea may bring or participate in a Claim as a plaintiff or class member in a class, collective, consolidated, or representative action.
- The arbitrator cannot combine any other person’s claims with a Claim brought by you or Makea into a single case or preside over any class, collective, consolidated, or representative arbitration proceeding.
- The arbitrator’s decision or award, and any judgment confirming it, will not apply to anyone else and cannot be used to decide or offered as precedent in any other disputes except for disputes to enforce the award.
- The arbitrator may only award legal or equitable remedies that are individual to you or Makea to satisfy one of our individual Claims (that the arbitrator determines is supported by credible relevant evidence).

Notwithstanding anything in Section 13.4, if this Section 13.5 (“No Class Actions”) is found to be unenforceable or invalid for any reason, including but not limited to because it is found to be unconscionable, such that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of any claims allowed to proceed on a class, collective, consolidated, or representative basis will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 13 is found to prohibit an individual claim from seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 13 will be enforceable.

13.6 Opting Out of Arbitration

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these TOS by providing us with notice of your decision to opt out by emailing us at [email protected]. In order to be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration.

14 Miscellaneous

14.1 No Waiver

Any failure by Makea to exercise or enforce any of its rights under these TOS does not waive its right to enforce such rights. Any waiver of such rights shall only be effective in writing.

14.2 Assignment

Makea may assign these TOS or part of these TOS to a third party without your consent. You may not assign or delegate any rights or obligations under these TOS to any third party without Makea’s prior written consent.

14.3 Survival

Upon termination of these TOS, any provision which, by its nature or express terms, should survive, will survive such termination or expiration, including, but not limited to, Sections 4.1, 6, 10, 11, 13, and 14.

14.4 Severability

If any provision of these TOS is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these TOS will remain in full force and effect. Makea’s failure to enforce any right or provision of these TOS will not be deemed a waiver of such right or provision.

14.5 Entire Agreement

These TOS and the Privacy Policy, as well as any supplemental policies and any documents expressly incorporated by reference herein, set out the entire agreement between you and Makea regarding the Services and supersede all earlier agreements and understandings between you and Makea.

15 ADDITIONAL DISCLAIMERS AND LIMITATION OF LIABILITY

Supermoves includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Makea, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Makea, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Supermoves, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this Supermoves, or will not revoke approval of this Supermoves for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Makea and Epic. Makea, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.

To the maximum extent permitted by applicable law, neither Makea, Epic, Epic’s licensors, nor its or their affiliates, nor any of Makea’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this End user license agreement, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Makea, Epic, Epic’s licensors, nor its or their affiliates, nor any of Makea’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this End user license agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Makea’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Makea, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Makea, Epic, Epic’s licensors, its and their affiliates, and any of Makea’s or Epic’s service providers shall be limited to the full extent permitted by law.

16 CONTACT

If you have any questions about these TOS, please contact [email protected].