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Last Updated: October 28, 2024
Welcome to Retail Mage! You are now reading our End User License Agreement ("EULA") which is a legal agreement between you and Jam & Tea Studios, Inc. ("J&T", "we", "us", "our", as appropriate) which applies to your access to and use of Retail Mage, any other services or functionality we provide relating to this game, regardless of where you download, stream, and/or access it, and any Virtual Goods and Content (each defined below) included in the game (collectively, the "Game").
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS:
THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 18 OUTLINES HOW YOU CAN RESOLVE ANY DISPUTES YOU MAY HAVE WITH J&T AND THE LIMITATION OF LIABILITY IN SECTION 16 LIMITS WHAT TYPES OF DAMAGES YOU MAY COLLECT FROM J&T FOR ANY DISPUTES YOU MAY HAVE WITH US. PLEASE CAREFULLY REVIEW THESE SECTIONS. BY PURCHASING, DOWNLOADING, STREAMING, AND/OR ACCESSING THE GAME, YOU AGREE TO THESE SECTIONS. IF YOU DO NOT AGREE TO THESE SECTIONS, YOU MAY NOT PURCHASE, DOWNLOAD, STREAM, AND/OR ACCESS THE GAME OR ANY RELATED SERVICES.
1. AGREEMENT TO EULA
By playing or otherwise accessing and using the Game, you agree to be bound by this EULA. If you don't agree to be bound by this EULA, you may not play the Game. Certain services may also be subject to other terms that supplement (and specifically refer to) this EULA. By using any portion of the Game that is subject to any supplemental terms, you also agree to be bound by such supplemental terms.
2. PRIVACY POLICY
Please refer to our Privacy Policy at for information on how we collect, use and share your information.
3. CHANGES TO EULA OR THE GAME
We may modify this EULA at any time, at our sole discretion. If we do so, we'll let you know either by posting the modified EULA on our website or through other communications. It's important that you review the EULA whenever we make modifications because if you continue to use the Game after we have posted modified EULA, you are indicating to us that you agree to be bound by the modified EULA. If you don't agree to be bound by the modified EULA, then you may not use the Game anymore. Because our services are evolving over time we may change or discontinue all or any part of the Game, at any time and without notice, at our sole discretion.
4. ADDITIONAL TERMS
The Game may be available (or only available) through a third-party platform or store, such as the Steam game platform (each, a "Game Store"). If you access the Game through a Game Store, you are also subject to any applicable agreements you have with any Game Store (the "Game Store Agreement(s)"). In the event of a conflict between any other Game Store Agreement(s) from which you acquire the Game and this EULA with respect to your use of the Game, this EULA will take priority.
5. WHO MAY USE THE GAME
(a) Eligibility. You may access, use, and play the Game only if you are at least 13 years of age (or such other minimum age at which you can provide consent to data processing under the laws of your territory), and not otherwise barred from accessing, using, or playing the Game under applicable law. If you are over 13 years of age but under the age of majority in your respective jurisdiction, you hereby represent and warrant that your parent or legal guardian has read this EULA and accepts on your behalf. Parents and legal guardians are responsible for the acts of their minor children when using the Game, whether or not the parent or guardian has authorized such acts.
(b) Registration and Your Information. If you want to use certain features of the Game, you may need to create an account ("Account"). Your Account is separate from any account you may have with any Game Store (your "Game Store Account"). It's important that you provide us with accurate, complete, and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete, and up to date. If you don't, we might have to suspend or terminate your Account. In some cases, you may be able to play the Game without creating an Account, but you may not be able to access certain parts of the Game and/or your Game data may be deleted, including, if you uninstall, stop playing, or otherwise delete the Game. You agree that you won't disclose your Account password to anyone, and you'll notify us immediately of any unauthorized use of your Account. You're responsible for all activities that occur under your Account, whether or not you know about them.
(c) No Account Sharing. You may not sell, resell, rent, lease, share, or provide access to your Account to anyone else. We reserve all available legal rights and remedies to prevent unauthorized use of the Game, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
(d) No False Accounts. You may not create an Account for anyone else or create an Account in a name other than your own. Only "natural persons," as opposed to any kind of legal entities (e.g., corporations, limited liability companies, and/or partnerships) shall be able to create an Account. Individuals prohibited by J&T from accessing or using the Game or related services may not create or use an Account.
6. FEEDBACK
We welcome feedback, comments and suggestions for improvements to the Game and to our other services ("Feedback"). You can submit Feedback by emailing us at [email protected] or by using Feedback features within the Game. If you choose to submit Feedback, you hereby irrevocably transfer and assign to J&T, and agrees to irrevocably transfer and assign to J&T, any right, title and interest that you may acquire or possess in and to the Feedback and will take such further acts reasonably requested by us to reflect such ownership of Feedback.
7. CONTENT AND CONTENT RIGHTS
(a) Definitions. For purposes of this EULA: (i) "Content" means all artwork, titles, themes, objects, characters, names, dialogue (including character responses), catch phrases, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions, and any other content within the Game; and (ii) "User Content" means any Content that you (or other Account holders) create or obtain outside the Game that you or another user makes available within the Game. To be clear, if Content is created within the Game, it is not User Content; only Content created or otherwise incorporated from outside the Game that a user then makes available within the Game is User Content.
(b) User Content. J&T does not claim any ownership rights in any User Content and nothing in this EULA will be deemed to restrict any rights that you may have to use and exploit your User Content. By making any User Content available through the Game you hereby grant to J&T a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify (for formatting purposes), distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Game to you and to other Account holders, and for the purposes of supporting J&T's other products and services. You are solely responsible for all your User Content. You represent and warrant that you have all rights that are necessary to grant us the license rights in your User Content under this EULA, and that neither your User Content nor any use of your User Content by J&T on or through the Game will infringe, misappropriate, or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. We do not pre-screen, endorse, or review any User Content. We do not assume any responsibility or liability for User Content and may, at our sole discretion, remove, edit, or disable any User Content at any time and for any reason.
8. RIGHTS GRANTED BY J&T: LIMITATIONS AND REQUIREMENTS
(a) Game. Subject to your compliance with this EULA, J&T grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, install, stream, access, and use the Game, including any Content, solely for your personal and non-commercial entertainment purposes. You may not copy, decompile, reverse engineer, modify, adapt, reproduce, or create derivative works based upon any portion of the Game.
(b) Game Software. "Game Software" is the locally installed game software that we make available for you to download for purposes of updating and launching the Game. Subject to your compliance with this EULA, J&T grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the Game Software on the device permitted by the Game Store Agreement(s) (if applicable) or a computer that you own or control, and to use the Game Software solely to interact with the Game for your own personal and non-commercial entertainment purposes. Except as expressly permitted in this EULA, you may not: (i) copy, modify, or create derivative works based on the Game or Game Software; (ii) distribute, transfer, sublicense, lease, lend, or rent the Game or Game Software to any third party; (iii) attempt to reverse engineer, decompile, or disassemble the Game or Game Software; or (iv) make the functionality of the Game available to multiple users through any means.
(c) Reservation of Rights. J&T and its licensors own all title, ownership, and intellectual property rights in the Game. J&T reserves all rights in and to the Game not expressly granted to you under this EULA.
(d) Service Limits Based on Where You Live. We may restrict, modify, or limit your access to the Game, depending on the territory in which you are located. Without limiting the foregoing, the Game may not be available (in whole or in part) where you are located or may only be available in a modified version.
(e) Codes and Product Key Purchase. We may offer codes or product keys that can be activated in the Game or used to activate the Game on a Game Store. Subject to foreign exchange control regulations applicable in your jurisdiction, such codes or keys must be purchased (or otherwise obtained legally) through us or one of our authorized retailers to be valid. If you purchase such a code or key from a third party, that third party is responsible for addressing any issues you have with these codes or keys. Subject to applicable law, we will have no responsibility for these codes or keys purchased from any third party or if any purchase occurred in breach with any applicable foreign exchange control regulations.
(f) Minimum Requirements. The Game may have minimum requirements for the devices and systems on which you wish to access the Game. We may publish these minimum requirements on the Game website and/or otherwise notify you in writing. For an optimal experience, please ensure that your devices and systems will meet these requirements before accessing the Game.
(g) Seizure Warning. The Game may contain flashing lights, images, other luminous stimulations and/or loud noises which may induce epileptic seizures in certain individuals. If you or anyone in your household has an epileptic condition, please consult your doctor before accessing the Game. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing, please immediately discontinue accessing the Game and consult your doctor.
9. PLAY NICE AND PLAY FAIR; GENERAL PROHIBITIONS AND J&T ENFORCEMENT RIGHTS
(a) General Conduct. We love games and we know you do too. To keep our community and the Game fun and welcoming for everyone there are some things you are not allowed to do. Do not use language that is defamatory, obscene, pornographic, vulgar or offensive, promotes discrimination, bigotry, racism, hatred, harassment, bullying or harm against any individual or group, or is violent or threatening or promotes violence or actions that are threatening to any person or entity. Do not cheat in the Game or interfere with or modify our Game, including through bots, cheats, hacks, exploits, mods, local memory (RAM) monitoring, or any software that does not come from J&T and is capable of enabling cheating or otherwise interfering or modifying the Game.
(b) User Prohibitions. In addition, you agree not to do any of the following with respect to the Game:
i. Engage in any behavior, or post, upload, publish, submit, or transmit any User Content that: (i) infringes, misappropriates, or violates a third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; or (iv) promotes illegal or harmful activities or substances.
ii. Disrupt the flow of communication through "chat spamming", whether through live communications in-game or otherwise;
iii. Select an Account name or username that suggests an affiliation with J&T or any other company, contains personally-identifying information of you or any other Account-holder, is offensive, vulgar, obscene, sexually explicit, or is racially, ethnically or otherwise objectionable;
iv. Log into or otherwise using another person's account;
v. Disrupt other players' enjoyment of the Game through action or inaction (e.g., "trolling");
vi. Use, display, mirror, or frame the Game or any individual element within the Game, J&T's name, any J&T trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without J&T's express written consent;
vii. Access, tamper with, or use non-public areas of the Game, J&T's computer systems, or the technical delivery systems of J&T's providers;
viii. Attempt to probe, scan, or test the vulnerability of any J&T system or network or breach any security or authentication measures;
ix. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by J&T or any of J&T's providers or any other third party (including another user) to protect the Game or Content;
x. Attempt to access or search the Game or download Content from the Game through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by J&T or other generally available third-party web browsers;
xi. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
xii. Use any meta tags or other hidden text or metadata utilizing a J&T trademark, logo URL or product name without J&T's express written consent;
xiii. Use the Game, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by this EULA;
xiv. Forge any networking packets or any part of the header information in any email or newsgroup posting, or in any way use the Game to send altered, deceptive or false source-identifying information;
xv. Attempt to decipher, decompile, disassemble, reverse engineer, engage in any of the adversarial attacks set forth in the NIST AI 100-2 E2023 publication available at , or otherwise attempt to derive or gain improper access to any of the software, components, models, algorithms or systems used to provide the Game;
xvi. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Game;
xvii. Collect or store any personally identifiable information from the Game from other users of the Game without their express permission;
xviii. Impersonate or misrepresent your affiliation with any person or entity;
xix. Violate any applicable law or regulation; or
xx. Encourage or enable any other individual to do any of the foregoing.
The Game may have built-in mechanisms designed to prevent granting one user an unfair advantage over other users (these actions are "Cheating" and the software is the "Cheat Detection Software"). We may add or update our Cheat Detection Software periodically as we may require at our sole discretion. The Game and/or the Cheat Detection Software may collect and transmit details about your Account, gameplay, and unauthorized programs or processes in connection with Cheating, subject to our Privacy Policy and applicable law. In the event that we, at our sole discretion, conclude that you are Cheating, you agree that we may exercise any or all of our rights under this EULA, including termination of this EULA and your access to our Game. In addition, if you Cheat in one Game or Service, we may terminate your access to and use of the Game.
Although we're not obligated to monitor access to or use of the Game or to review or edit any Content, we have the right to do so for the purpose of operating the Game, to ensure compliance with this EULA, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of this EULA. We have the right to investigate violations of this EULA or conduct that affects the Game. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
10.Virtual Goods and Game Currency
(a) Purchasing or Obtaining Virtual Goods and Game Currency. We may offer certain upgrades and options within the Game that you can buy with real world currency, including, but not limited to, in-game currency ("Game Currency"), character skins, cosmetic gear and other customizations for your in-game characters, and other such digital add-on items that may improve your Game experience in some way ("Virtual Goods"). When you purchase Game Currency, Virtual Goods, or the Game itself (each, a "Transaction"), your purchase will be made through the functionality available through a Game Store or other platforms we make available to you. Prior to making a Transaction, you should make sure you fully understand the agreement that covers your Transaction, whether that agreement is a Game Store Agreement or another payment platform agreement (like a third-party payment processor's terms). There may be limits to the quantity and number of times you can purchase Virtual Goods, Game Currency, or other aspects of your Transaction. For example, there may be a maximum amount of Game Currency you are able to hold (in-game) or purchase at a given time, or a maximum number of Transactions you may make per day; these additional restrictions may be communicated to you via the functionality of the Game. We may, from time to time, modify, amend, or supplement our fees, billing methods and terms applicable to Game Currency, Virtual Goods or to any purchases, and post those changes in this EULA, in separate terms and conditions or in other terms or agreements posted on the applicable website or as part of the Game or otherwise provided to you by us. If any change is unacceptable to you, you may terminate the use of your Account at any time.
(b) Your License to Virtual Goods and Game Currency. Virtual Goods and Game Currency are digital items and your use of them is governed by this EULA and the Game Store Agreement(s). VIRTUAL GOODS AND GAME CURRENCY HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. VIRTUAL GOODS AND GAME CURRENCY ARE NON-TRANSFERABLE AND NON-TRADABLE, IN WHOLE OR PART, AND ARE NOT PROVIDED FOR INVESTMENT PURPOSES. Provided you comply with the terms of this EULA and the Game Store Agreement(s), we grant you the following license: a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to use any Virtual Goods or Game Currency you gain access to, whether purchased or otherwise obtained, solely in connection with your use of the Game and within the Game and for no other purpose. Unless expressly permitted by us, you may not trade any such Virtual Good or Game Currency with others. We may cancel, revoke, or otherwise prevent the use of Virtual Good or Game Currency if we suspect any unauthorized or fraudulent activity, and/or to correct any erroneous application of any Virtual Goods or Game Currency to your Account.
(c) Changes to Game Currency and Virtual Goods. Except as otherwise prohibited by applicable law, we, at our sole discretion, may modify, substitute, replace, suspend, cancel or eliminate any Game Currency or Virtual Goods, including your ability to access or use Game Currency or Virtual Goods, without notice or liability to you. YOU AGREE THAT YOU WON'T ASSERT OR BRING ANY CLAIM AGAINST US, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS RELATING TO (A) A CLAIM THAT YOU HAVE A PROPRIETARY INTEREST IN ANY GAME CURRENCY OR VIRTUAL GOODS; OR (B) A CLAIM FOR AN ALLEGED MONETARY VALUE OF GAME CURRENCY OR VIRTUAL GOODS LOST UPON (I) DELETION OR SUSPENSION OF YOUR ACCOUNT, (II) ADJUSTMENTS TO THE GAME THAT RESULT IN THE VALUE OF VIRTUAL GOODS OR GAME CURRENCY CHANGING, OR (III) MODIFICATION, TERMINATION OR EXPIRATION OF THIS EULA.
(d) Refunds. Subject to applicable law, (i) the Game, Virtual Goods, and Game Currency remain our property, have no monetary value and are not redeemable, refundable, or eligible for any other alternate remedy for any "real world" money or anything of monetary value, unless they are defective, unavailable, or do not perform in accordance with the specifications we provide; (ii) we may revoke your license to the Game, Virtual Goods and/or Game Currency at any time consistent with this EULA without notice or liability to you; and (iii) by purchasing and using the Game or any Virtual Goods and/or Game Currency, you hereby waive any statutory right you may have to withdraw from your agreement to purchase the Game, Virtual and/or Game Currency and you agree that you will therefore not be eligible to receive a refund (or any alternative remedy) in relation to the Game, or such Virtual Good or Game Currency. Where applicable law does not permit you to waive your right to so withdraw, you hereby agree that such withdrawal right expires immediately upon purchase and delivery of the Game, Virtual Good and/or Game Currency, as permitted by applicable law.
11. DMCA/COPYRIGHT POLICY
We respect copyright law and expect our users to do the same. It's our policy to terminate in appropriate circumstances Accounts of users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see our Copyright Policy at for further information.
12. LINKS TO THIRD PARTY WEBSITES OR RESOURCES
The Game may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
13. TERMINATION
We may terminate your access to and use of the Game, at our sole discretion, at any time and without liability or notice to you, including, without limitation, in the event that you breach this EULA or applicable Game Store Agreement(s) or if the owner of the applicable Game Store terminates your Game Store Account. You may also terminate this EULA by deleting and uninstalling the Game on all of your devices or by deleting your Account or Game Store Account, as applicable. Upon any termination of this EULA, the rights granted to you will automatically terminate, you may no longer exercise any of those rights. This sentence of Section 13 and the following Sections will survive termination of this EULA: 6, 8(c), 14, 15, 16, 17, 18 and 19.
14. WARRANTY DISCLAIMERS
(a) General. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE GAME IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Game will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Game.
(b) Similarity, Accuracy and Appropriateness of Content. GIVEN THE PROBABILISTIC NATURE OF MACHINE LEARNING, THE GAME MAY IN SOME SITUATIONS PRODUCE CONTENT THAT IS INACCURATE, INCORRECT, OFFENSIVE OR OTHERWISE UNDESIRABLE. THE ACCURACY, QUALITY AND COMPLIANCE WITH APPLICABLE LAW OF THE CONTENT IS DEPENDENT UPON AND COMMENSURATE WITH THAT OF THE USER CONTENT AND YOUR COMPLIANCE WITH THESE TERMS, AND NOTWITHSTANDING ANYTHING ELSE SET OUT HEREIN, J&T WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR DAMAGES RELATING TO OR ARISING FROM USER CONTENT, OUTPUT GENERATED IN RESPONSE TO YOUR USER CONTENT OR THEIR USE.
15. INDEMNITY
You will indemnify and hold harmless J&T and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Game, (ii) your User Content, or (iii) your violation of this EULA.
16. LIMITATION OF LIABILITY
(a) NEITHER J&T NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE GAME WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE GAME ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR FROM THE USE OF OR INABILITY TO USE THE GAME, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT J&T HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) IN NO EVENT WILL J&T'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR FROM THE USE OF OR INABILITY TO USE THE GAME EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO J&T FOR USE OF THE GAME OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO J&T, AS APPLICABLE.
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN J&T AND YOU.
(d) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS OF DAMAGES SET FORTH ABOVE, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. INSTEAD, IN SUCH JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTIONS. ALSO, YOU MAY HAVE ADDITIONAL LEGAL RIGHTS IN YOUR JURISDICTION, AND NOTHING IN THIS EULA WILL PREJUDICE SUCH RIGHTS THAT YOU MAY HAVE AS A USER OF THE GAME.
17. GOVERNING LAW AND FORUM CHOICE
This EULA and any action related thereto will be governed by Federal Arbitration Act, federal arbitration law, and the laws of the State of California without regard to its conflict of law provisions. Except as otherwise expressly set forth in Section 18 "Dispute Resolution," the exclusive jurisdiction for all Disputes (defined below) that you and J&T are not required to arbitrate will be the state and federal courts located in Central District of California, and you and J&T each waive any objection to jurisdiction and venue in such courts.
18. DISPUTE RESOLUTION
(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to this EULA or the breach, termination, enforcement, interpretation or validity thereof or the use of the Game (collectively, "Disputes ") will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding . You and J&T agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this EULA, and that you and J&T are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this EULA.
(b) Exceptions. As limited exceptions to Section 18(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this EULA. The AAA Rules are available at or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at .
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won't seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we'll pay all of our attorneys' fees and costs and won't seek to recover them from you. If you prevail in arbitration, you will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law.
(e) Injunctive and Declaratory Relief. Except as provided in Section 18(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
(f) Class Action Waiver. YOU AND J&T AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties' Dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
(g) Severability. With the exception of any of the provisions in Section 18(f) of this EULA ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of this EULA is invalid or unenforceable, the other parts of this EULA will still apply.
19. GENERAL TERMS
(a) This EULA constitutes the entire and exclusive understanding and agreement between J&T and you regarding the Game, and this EULA supersedes and replaces any and all prior oral or written understandings or agreements between J&T and you regarding the Game and Content. If any provision of this EULA is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of this EULA will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer this EULA, by operation of law or otherwise, without J&T's prior written consent. Any attempt by you to assign or transfer this EULA absent our consent or your statutory right, without such consent, will be null. J&T may freely assign or transfer this EULA without restriction. Subject to the foregoing, this EULA will bind and inure to the benefit of the parties, their successors and permitted assigns.
(b) Any notices or other communications provided by J&T under this EULA, including those regarding modifications to this EULA, will be given: (i) via email; or (ii) by posting to the Game. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
(c) J&T's failure to enforce any right or provision of this EULA will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of J&T. Except as expressly set forth in this EULA, the exercise by either party of any of its remedies under this EULA will be without prejudice to its other remedies under this EULA or otherwise.
20. CONTACT INFORMATION
If you have any questions about this EULA or the Game, please contact J&T at [email protected].
Welcome to Retail Mage! You are now reading our End User License Agreement ("EULA") which is a legal agreement between you and Jam & Tea Studios, Inc. ("J&T", "we", "us", "our", as appropriate) which applies to your access to and use of Retail Mage, any other services or functionality we provide relating to this game, regardless of where you download, stream, and/or access it, and any Virtual Goods and Content (each defined below) included in the game (collectively, the "Game").
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS:
THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 18 OUTLINES HOW YOU CAN RESOLVE ANY DISPUTES YOU MAY HAVE WITH J&T AND THE LIMITATION OF LIABILITY IN SECTION 16 LIMITS WHAT TYPES OF DAMAGES YOU MAY COLLECT FROM J&T FOR ANY DISPUTES YOU MAY HAVE WITH US. PLEASE CAREFULLY REVIEW THESE SECTIONS. BY PURCHASING, DOWNLOADING, STREAMING, AND/OR ACCESSING THE GAME, YOU AGREE TO THESE SECTIONS. IF YOU DO NOT AGREE TO THESE SECTIONS, YOU MAY NOT PURCHASE, DOWNLOAD, STREAM, AND/OR ACCESS THE GAME OR ANY RELATED SERVICES.
1. AGREEMENT TO EULA
By playing or otherwise accessing and using the Game, you agree to be bound by this EULA. If you don't agree to be bound by this EULA, you may not play the Game. Certain services may also be subject to other terms that supplement (and specifically refer to) this EULA. By using any portion of the Game that is subject to any supplemental terms, you also agree to be bound by such supplemental terms.
2. PRIVACY POLICY
Please refer to our Privacy Policy at for information on how we collect, use and share your information.
3. CHANGES TO EULA OR THE GAME
We may modify this EULA at any time, at our sole discretion. If we do so, we'll let you know either by posting the modified EULA on our website or through other communications. It's important that you review the EULA whenever we make modifications because if you continue to use the Game after we have posted modified EULA, you are indicating to us that you agree to be bound by the modified EULA. If you don't agree to be bound by the modified EULA, then you may not use the Game anymore. Because our services are evolving over time we may change or discontinue all or any part of the Game, at any time and without notice, at our sole discretion.
4. ADDITIONAL TERMS
The Game may be available (or only available) through a third-party platform or store, such as the Steam game platform (each, a "Game Store"). If you access the Game through a Game Store, you are also subject to any applicable agreements you have with any Game Store (the "Game Store Agreement(s)"). In the event of a conflict between any other Game Store Agreement(s) from which you acquire the Game and this EULA with respect to your use of the Game, this EULA will take priority.
5. WHO MAY USE THE GAME
(a) Eligibility. You may access, use, and play the Game only if you are at least 13 years of age (or such other minimum age at which you can provide consent to data processing under the laws of your territory), and not otherwise barred from accessing, using, or playing the Game under applicable law. If you are over 13 years of age but under the age of majority in your respective jurisdiction, you hereby represent and warrant that your parent or legal guardian has read this EULA and accepts on your behalf. Parents and legal guardians are responsible for the acts of their minor children when using the Game, whether or not the parent or guardian has authorized such acts.
(b) Registration and Your Information. If you want to use certain features of the Game, you may need to create an account ("Account"). Your Account is separate from any account you may have with any Game Store (your "Game Store Account"). It's important that you provide us with accurate, complete, and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete, and up to date. If you don't, we might have to suspend or terminate your Account. In some cases, you may be able to play the Game without creating an Account, but you may not be able to access certain parts of the Game and/or your Game data may be deleted, including, if you uninstall, stop playing, or otherwise delete the Game. You agree that you won't disclose your Account password to anyone, and you'll notify us immediately of any unauthorized use of your Account. You're responsible for all activities that occur under your Account, whether or not you know about them.
(c) No Account Sharing. You may not sell, resell, rent, lease, share, or provide access to your Account to anyone else. We reserve all available legal rights and remedies to prevent unauthorized use of the Game, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
(d) No False Accounts. You may not create an Account for anyone else or create an Account in a name other than your own. Only "natural persons," as opposed to any kind of legal entities (e.g., corporations, limited liability companies, and/or partnerships) shall be able to create an Account. Individuals prohibited by J&T from accessing or using the Game or related services may not create or use an Account.
6. FEEDBACK
We welcome feedback, comments and suggestions for improvements to the Game and to our other services ("Feedback"). You can submit Feedback by emailing us at [email protected] or by using Feedback features within the Game. If you choose to submit Feedback, you hereby irrevocably transfer and assign to J&T, and agrees to irrevocably transfer and assign to J&T, any right, title and interest that you may acquire or possess in and to the Feedback and will take such further acts reasonably requested by us to reflect such ownership of Feedback.
7. CONTENT AND CONTENT RIGHTS
(a) Definitions. For purposes of this EULA: (i) "Content" means all artwork, titles, themes, objects, characters, names, dialogue (including character responses), catch phrases, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions, and any other content within the Game; and (ii) "User Content" means any Content that you (or other Account holders) create or obtain outside the Game that you or another user makes available within the Game. To be clear, if Content is created within the Game, it is not User Content; only Content created or otherwise incorporated from outside the Game that a user then makes available within the Game is User Content.
(b) User Content. J&T does not claim any ownership rights in any User Content and nothing in this EULA will be deemed to restrict any rights that you may have to use and exploit your User Content. By making any User Content available through the Game you hereby grant to J&T a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify (for formatting purposes), distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Game to you and to other Account holders, and for the purposes of supporting J&T's other products and services. You are solely responsible for all your User Content. You represent and warrant that you have all rights that are necessary to grant us the license rights in your User Content under this EULA, and that neither your User Content nor any use of your User Content by J&T on or through the Game will infringe, misappropriate, or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. We do not pre-screen, endorse, or review any User Content. We do not assume any responsibility or liability for User Content and may, at our sole discretion, remove, edit, or disable any User Content at any time and for any reason.
8. RIGHTS GRANTED BY J&T: LIMITATIONS AND REQUIREMENTS
(a) Game. Subject to your compliance with this EULA, J&T grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, install, stream, access, and use the Game, including any Content, solely for your personal and non-commercial entertainment purposes. You may not copy, decompile, reverse engineer, modify, adapt, reproduce, or create derivative works based upon any portion of the Game.
(b) Game Software. "Game Software" is the locally installed game software that we make available for you to download for purposes of updating and launching the Game. Subject to your compliance with this EULA, J&T grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the Game Software on the device permitted by the Game Store Agreement(s) (if applicable) or a computer that you own or control, and to use the Game Software solely to interact with the Game for your own personal and non-commercial entertainment purposes. Except as expressly permitted in this EULA, you may not: (i) copy, modify, or create derivative works based on the Game or Game Software; (ii) distribute, transfer, sublicense, lease, lend, or rent the Game or Game Software to any third party; (iii) attempt to reverse engineer, decompile, or disassemble the Game or Game Software; or (iv) make the functionality of the Game available to multiple users through any means.
(c) Reservation of Rights. J&T and its licensors own all title, ownership, and intellectual property rights in the Game. J&T reserves all rights in and to the Game not expressly granted to you under this EULA.
(d) Service Limits Based on Where You Live. We may restrict, modify, or limit your access to the Game, depending on the territory in which you are located. Without limiting the foregoing, the Game may not be available (in whole or in part) where you are located or may only be available in a modified version.
(e) Codes and Product Key Purchase. We may offer codes or product keys that can be activated in the Game or used to activate the Game on a Game Store. Subject to foreign exchange control regulations applicable in your jurisdiction, such codes or keys must be purchased (or otherwise obtained legally) through us or one of our authorized retailers to be valid. If you purchase such a code or key from a third party, that third party is responsible for addressing any issues you have with these codes or keys. Subject to applicable law, we will have no responsibility for these codes or keys purchased from any third party or if any purchase occurred in breach with any applicable foreign exchange control regulations.
(f) Minimum Requirements. The Game may have minimum requirements for the devices and systems on which you wish to access the Game. We may publish these minimum requirements on the Game website and/or otherwise notify you in writing. For an optimal experience, please ensure that your devices and systems will meet these requirements before accessing the Game.
(g) Seizure Warning. The Game may contain flashing lights, images, other luminous stimulations and/or loud noises which may induce epileptic seizures in certain individuals. If you or anyone in your household has an epileptic condition, please consult your doctor before accessing the Game. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing, please immediately discontinue accessing the Game and consult your doctor.
9. PLAY NICE AND PLAY FAIR; GENERAL PROHIBITIONS AND J&T ENFORCEMENT RIGHTS
(a) General Conduct. We love games and we know you do too. To keep our community and the Game fun and welcoming for everyone there are some things you are not allowed to do. Do not use language that is defamatory, obscene, pornographic, vulgar or offensive, promotes discrimination, bigotry, racism, hatred, harassment, bullying or harm against any individual or group, or is violent or threatening or promotes violence or actions that are threatening to any person or entity. Do not cheat in the Game or interfere with or modify our Game, including through bots, cheats, hacks, exploits, mods, local memory (RAM) monitoring, or any software that does not come from J&T and is capable of enabling cheating or otherwise interfering or modifying the Game.
(b) User Prohibitions. In addition, you agree not to do any of the following with respect to the Game:
i. Engage in any behavior, or post, upload, publish, submit, or transmit any User Content that: (i) infringes, misappropriates, or violates a third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; or (iv) promotes illegal or harmful activities or substances.
ii. Disrupt the flow of communication through "chat spamming", whether through live communications in-game or otherwise;
iii. Select an Account name or username that suggests an affiliation with J&T or any other company, contains personally-identifying information of you or any other Account-holder, is offensive, vulgar, obscene, sexually explicit, or is racially, ethnically or otherwise objectionable;
iv. Log into or otherwise using another person's account;
v. Disrupt other players' enjoyment of the Game through action or inaction (e.g., "trolling");
vi. Use, display, mirror, or frame the Game or any individual element within the Game, J&T's name, any J&T trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without J&T's express written consent;
vii. Access, tamper with, or use non-public areas of the Game, J&T's computer systems, or the technical delivery systems of J&T's providers;
viii. Attempt to probe, scan, or test the vulnerability of any J&T system or network or breach any security or authentication measures;
ix. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by J&T or any of J&T's providers or any other third party (including another user) to protect the Game or Content;
x. Attempt to access or search the Game or download Content from the Game through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by J&T or other generally available third-party web browsers;
xi. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
xii. Use any meta tags or other hidden text or metadata utilizing a J&T trademark, logo URL or product name without J&T's express written consent;
xiii. Use the Game, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by this EULA;
xiv. Forge any networking packets or any part of the header information in any email or newsgroup posting, or in any way use the Game to send altered, deceptive or false source-identifying information;
xv. Attempt to decipher, decompile, disassemble, reverse engineer, engage in any of the adversarial attacks set forth in the NIST AI 100-2 E2023 publication available at , or otherwise attempt to derive or gain improper access to any of the software, components, models, algorithms or systems used to provide the Game;
xvi. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Game;
xvii. Collect or store any personally identifiable information from the Game from other users of the Game without their express permission;
xviii. Impersonate or misrepresent your affiliation with any person or entity;
xix. Violate any applicable law or regulation; or
xx. Encourage or enable any other individual to do any of the foregoing.
The Game may have built-in mechanisms designed to prevent granting one user an unfair advantage over other users (these actions are "Cheating" and the software is the "Cheat Detection Software"). We may add or update our Cheat Detection Software periodically as we may require at our sole discretion. The Game and/or the Cheat Detection Software may collect and transmit details about your Account, gameplay, and unauthorized programs or processes in connection with Cheating, subject to our Privacy Policy and applicable law. In the event that we, at our sole discretion, conclude that you are Cheating, you agree that we may exercise any or all of our rights under this EULA, including termination of this EULA and your access to our Game. In addition, if you Cheat in one Game or Service, we may terminate your access to and use of the Game.
Although we're not obligated to monitor access to or use of the Game or to review or edit any Content, we have the right to do so for the purpose of operating the Game, to ensure compliance with this EULA, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of this EULA. We have the right to investigate violations of this EULA or conduct that affects the Game. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
10.Virtual Goods and Game Currency
(a) Purchasing or Obtaining Virtual Goods and Game Currency. We may offer certain upgrades and options within the Game that you can buy with real world currency, including, but not limited to, in-game currency ("Game Currency"), character skins, cosmetic gear and other customizations for your in-game characters, and other such digital add-on items that may improve your Game experience in some way ("Virtual Goods"). When you purchase Game Currency, Virtual Goods, or the Game itself (each, a "Transaction"), your purchase will be made through the functionality available through a Game Store or other platforms we make available to you. Prior to making a Transaction, you should make sure you fully understand the agreement that covers your Transaction, whether that agreement is a Game Store Agreement or another payment platform agreement (like a third-party payment processor's terms). There may be limits to the quantity and number of times you can purchase Virtual Goods, Game Currency, or other aspects of your Transaction. For example, there may be a maximum amount of Game Currency you are able to hold (in-game) or purchase at a given time, or a maximum number of Transactions you may make per day; these additional restrictions may be communicated to you via the functionality of the Game. We may, from time to time, modify, amend, or supplement our fees, billing methods and terms applicable to Game Currency, Virtual Goods or to any purchases, and post those changes in this EULA, in separate terms and conditions or in other terms or agreements posted on the applicable website or as part of the Game or otherwise provided to you by us. If any change is unacceptable to you, you may terminate the use of your Account at any time.
(b) Your License to Virtual Goods and Game Currency. Virtual Goods and Game Currency are digital items and your use of them is governed by this EULA and the Game Store Agreement(s). VIRTUAL GOODS AND GAME CURRENCY HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. VIRTUAL GOODS AND GAME CURRENCY ARE NON-TRANSFERABLE AND NON-TRADABLE, IN WHOLE OR PART, AND ARE NOT PROVIDED FOR INVESTMENT PURPOSES. Provided you comply with the terms of this EULA and the Game Store Agreement(s), we grant you the following license: a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to use any Virtual Goods or Game Currency you gain access to, whether purchased or otherwise obtained, solely in connection with your use of the Game and within the Game and for no other purpose. Unless expressly permitted by us, you may not trade any such Virtual Good or Game Currency with others. We may cancel, revoke, or otherwise prevent the use of Virtual Good or Game Currency if we suspect any unauthorized or fraudulent activity, and/or to correct any erroneous application of any Virtual Goods or Game Currency to your Account.
(c) Changes to Game Currency and Virtual Goods. Except as otherwise prohibited by applicable law, we, at our sole discretion, may modify, substitute, replace, suspend, cancel or eliminate any Game Currency or Virtual Goods, including your ability to access or use Game Currency or Virtual Goods, without notice or liability to you. YOU AGREE THAT YOU WON'T ASSERT OR BRING ANY CLAIM AGAINST US, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS RELATING TO (A) A CLAIM THAT YOU HAVE A PROPRIETARY INTEREST IN ANY GAME CURRENCY OR VIRTUAL GOODS; OR (B) A CLAIM FOR AN ALLEGED MONETARY VALUE OF GAME CURRENCY OR VIRTUAL GOODS LOST UPON (I) DELETION OR SUSPENSION OF YOUR ACCOUNT, (II) ADJUSTMENTS TO THE GAME THAT RESULT IN THE VALUE OF VIRTUAL GOODS OR GAME CURRENCY CHANGING, OR (III) MODIFICATION, TERMINATION OR EXPIRATION OF THIS EULA.
(d) Refunds. Subject to applicable law, (i) the Game, Virtual Goods, and Game Currency remain our property, have no monetary value and are not redeemable, refundable, or eligible for any other alternate remedy for any "real world" money or anything of monetary value, unless they are defective, unavailable, or do not perform in accordance with the specifications we provide; (ii) we may revoke your license to the Game, Virtual Goods and/or Game Currency at any time consistent with this EULA without notice or liability to you; and (iii) by purchasing and using the Game or any Virtual Goods and/or Game Currency, you hereby waive any statutory right you may have to withdraw from your agreement to purchase the Game, Virtual and/or Game Currency and you agree that you will therefore not be eligible to receive a refund (or any alternative remedy) in relation to the Game, or such Virtual Good or Game Currency. Where applicable law does not permit you to waive your right to so withdraw, you hereby agree that such withdrawal right expires immediately upon purchase and delivery of the Game, Virtual Good and/or Game Currency, as permitted by applicable law.
11. DMCA/COPYRIGHT POLICY
We respect copyright law and expect our users to do the same. It's our policy to terminate in appropriate circumstances Accounts of users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see our Copyright Policy at for further information.
12. LINKS TO THIRD PARTY WEBSITES OR RESOURCES
The Game may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
13. TERMINATION
We may terminate your access to and use of the Game, at our sole discretion, at any time and without liability or notice to you, including, without limitation, in the event that you breach this EULA or applicable Game Store Agreement(s) or if the owner of the applicable Game Store terminates your Game Store Account. You may also terminate this EULA by deleting and uninstalling the Game on all of your devices or by deleting your Account or Game Store Account, as applicable. Upon any termination of this EULA, the rights granted to you will automatically terminate, you may no longer exercise any of those rights. This sentence of Section 13 and the following Sections will survive termination of this EULA: 6, 8(c), 14, 15, 16, 17, 18 and 19.
14. WARRANTY DISCLAIMERS
(a) General. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE GAME IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Game will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Game.
(b) Similarity, Accuracy and Appropriateness of Content. GIVEN THE PROBABILISTIC NATURE OF MACHINE LEARNING, THE GAME MAY IN SOME SITUATIONS PRODUCE CONTENT THAT IS INACCURATE, INCORRECT, OFFENSIVE OR OTHERWISE UNDESIRABLE. THE ACCURACY, QUALITY AND COMPLIANCE WITH APPLICABLE LAW OF THE CONTENT IS DEPENDENT UPON AND COMMENSURATE WITH THAT OF THE USER CONTENT AND YOUR COMPLIANCE WITH THESE TERMS, AND NOTWITHSTANDING ANYTHING ELSE SET OUT HEREIN, J&T WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR DAMAGES RELATING TO OR ARISING FROM USER CONTENT, OUTPUT GENERATED IN RESPONSE TO YOUR USER CONTENT OR THEIR USE.
15. INDEMNITY
You will indemnify and hold harmless J&T and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Game, (ii) your User Content, or (iii) your violation of this EULA.
16. LIMITATION OF LIABILITY
(a) NEITHER J&T NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE GAME WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE GAME ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR FROM THE USE OF OR INABILITY TO USE THE GAME, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT J&T HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) IN NO EVENT WILL J&T'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR FROM THE USE OF OR INABILITY TO USE THE GAME EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO J&T FOR USE OF THE GAME OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO J&T, AS APPLICABLE.
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN J&T AND YOU.
(d) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS OF DAMAGES SET FORTH ABOVE, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. INSTEAD, IN SUCH JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTIONS. ALSO, YOU MAY HAVE ADDITIONAL LEGAL RIGHTS IN YOUR JURISDICTION, AND NOTHING IN THIS EULA WILL PREJUDICE SUCH RIGHTS THAT YOU MAY HAVE AS A USER OF THE GAME.
17. GOVERNING LAW AND FORUM CHOICE
This EULA and any action related thereto will be governed by Federal Arbitration Act, federal arbitration law, and the laws of the State of California without regard to its conflict of law provisions. Except as otherwise expressly set forth in Section 18 "Dispute Resolution," the exclusive jurisdiction for all Disputes (defined below) that you and J&T are not required to arbitrate will be the state and federal courts located in Central District of California, and you and J&T each waive any objection to jurisdiction and venue in such courts.
18. DISPUTE RESOLUTION
(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to this EULA or the breach, termination, enforcement, interpretation or validity thereof or the use of the Game (collectively, "Disputes ") will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding . You and J&T agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this EULA, and that you and J&T are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this EULA.
(b) Exceptions. As limited exceptions to Section 18(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this EULA. The AAA Rules are available at or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at .
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won't seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we'll pay all of our attorneys' fees and costs and won't seek to recover them from you. If you prevail in arbitration, you will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law.
(e) Injunctive and Declaratory Relief. Except as provided in Section 18(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
(f) Class Action Waiver. YOU AND J&T AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties' Dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
(g) Severability. With the exception of any of the provisions in Section 18(f) of this EULA ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of this EULA is invalid or unenforceable, the other parts of this EULA will still apply.
19. GENERAL TERMS
(a) This EULA constitutes the entire and exclusive understanding and agreement between J&T and you regarding the Game, and this EULA supersedes and replaces any and all prior oral or written understandings or agreements between J&T and you regarding the Game and Content. If any provision of this EULA is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of this EULA will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer this EULA, by operation of law or otherwise, without J&T's prior written consent. Any attempt by you to assign or transfer this EULA absent our consent or your statutory right, without such consent, will be null. J&T may freely assign or transfer this EULA without restriction. Subject to the foregoing, this EULA will bind and inure to the benefit of the parties, their successors and permitted assigns.
(b) Any notices or other communications provided by J&T under this EULA, including those regarding modifications to this EULA, will be given: (i) via email; or (ii) by posting to the Game. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
(c) J&T's failure to enforce any right or provision of this EULA will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of J&T. Except as expressly set forth in this EULA, the exercise by either party of any of its remedies under this EULA will be without prejudice to its other remedies under this EULA or otherwise.
20. CONTACT INFORMATION
If you have any questions about this EULA or the Game, please contact J&T at [email protected].