TERMS OF SERVICE AGREEMENT

The following terms and conditions of this Terms of Service Agreement (the "Agreement") govern all use of any part of Hawk ("Hawk" , "we" , "us" or "our") applications, games, content, activities, and services (the "Services") which are made available by us via our web site or through other platforms, including third party app stores (e.g. Google Play), social networking websites or your mobile phone, and whether or not you have registered for an account on our Site or for any of our Services.

Please understand that by clicking "I Agree" or "Accept" button, you represent you have read, understood and agree to be bound by the terms and conditions set forth below (these "Terms") , as well as our Privacy Policy (the "Privacy Policy") available at https://sites.google.com/view/hawkprivacypolicy/home . You are legally and financially responsible for all actions on your account, including the actions of children and anyone else with access to your account.

To accept these Terms, you must be of legal age of majority in the country in which you access and/or use the Site or Services, or a consent from your legal guardian shall be made on behalf you (please refer to Section 12 Parental Controls if you’re a parent). Though the legal age of majority varies from country to country, to be considered as adult, users from United States shall not be younger than the age of thirteen (13), and users from European Union shall not be younger than the age of sixteen (16) (unless you’re between 13 and 16 and legally regarded as an adult in an EU state). If you do not agree with these Terms, or you are below the legal age of majority and your legal guardian does not agree with these Terms, please do not access and/or use the Site or Services and we’ll unable to help you create an account. We may apply more limitations on your access to service and user consent to comply with relevant rules in your country regarding children’s right and privacy.

This Agreement was updated on August 22 , 2018.

1. LICENSE TO USE THE SERVICES

(a) Subject to your compliance with these Terms, Hawk grants you a limited, non-exclusive, non-transferable, non-sublicense-able, revocable license to access and use the Services solely for your personal non-commercial entertainment purposes. You may not use the Services for any other purpose, commercial or otherwise.

(b) The site, services, content and materials delivered via the Services are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Hawk in writing, you agree not to: (i) use the Service for any purpose other than as expressly permitted by these Terms; (ii) copy (except to execute games on your mobile phone for your personal non-commercial entertainment use), adapt, merge, modify, prepare any derivative works of, reverse engineer, disassemble, decompile, license, sell, stream, distribute or otherwise transfer, or otherwise exploit any materials (including any software) or any portion thereof, provided through the Site or Services; or (iii) otherwise violate these Terms, including the Code of Conduct in Section 7 below.

(c)Please also be aware that all trademarks, logos and service marks ("Marks") displayed on the Site or Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

(d)Any use of the Site or Services in violation of the above limitations will be considered a breach of these Terms, is cause for immediate suspension and/or termination of these Terms, and/or may result in legal action against you.

2. ACCOUNT AND SECURITY

(a) You may need to register for an account on our Site or in an application in order to access the Services or enjoy certain features. You represent and warrant that all required registration or other information (including your email address) you submit is truthful, complete, and accurate and that you will, at all times, maintain the accuracy of such information. When you sign up for an account, you will be asked to choose a user name and a password for your account. You may not use a username that is used by someone else or that violates the Code of Conduct. It may also be necessary to give us your email address or other contact information for identification purposes. In your account settings you may also (which can be viewed by other users). Our Privacy Policy may include more detail on the information we collect from you and how we use it.

(b) Hawk may provide, and you may access, the Services through third party social networking websites ("Third Party Affiliated Websites"). If you are accessing the Services through a Third Party Affiliated Website, in most cases you must be a registered member of that Third Party Affiliated Website. You may be able to use your account and/or user ID on Third Party Affiliated Websites to access and use the particular Services made available through such Third Party Affiliated Website. In such cases you’re also subject to the terms and conditions of these third parties for their services. We do not guarantee such kind of registration and access is available for all Services or for all Third Party Affiliated Website.

(c) You may be able to use your account to optionally set your residence, birthday and avatar or set up a public profile, which is usually accessible by other people unless you’ve chosen different settings that we might offer from time to time. You may also be able to use your account to connect with other Hawk users. Please act sensibly and remember you are responsible for your own actions.

(d) You are responsible for maintaining the confidentiality of your account information (including usernames, screen names, and passwords and billing information). Make sure your login credentials are kept secure and your account is used properly. You must notify us immediately of any unauthorized use or theft of your account or any other breach of security with respect to any Services. We will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. You are responsible for the activities occurring under your account and you will be liable for any losses or damages incurred by Hawk or any third party due to someone else using your account. You may not use anyone else's account at any time. Your account is personal to you and you may not transfer or make available your account to others whether at cost or not. Any sharing, transfer or distribution by you of your account or related information may result in immediate suspension and/or cancellation of your account without refund.

3. SYSTEM REQUIREMENTS

(a) As we may provide you different Services created at different times, we cannot give you one set of system requirements for all Hawk services or Hawk content. Please read our specific product or service descriptions before downloading or using them, and check if your hardware, device system and internet connection etc. are good enough and compatible with the relevant Services. If you have questions or suggestions about such requirements, please contact us via email.

(b) Unless otherwise stated, all Services should be natively installed on a device that needs to meet the minimum hardware and software specifications shown on the relevant product page or instruments. Our Services are not meant to be tested on virtual machine software and we do not support playing through them.

4. TRANSACTIONS

(a) In some cases, you can use a stored value (gift card), credit or debit card, PayPal, or other similar accounts or payment services such as Google Payment (each referred to herein as "Payment Information") to pay for optional Services and/or upgrades.

(b) Prices. We reserve the right to change prices at any time without prior notice to you. We do not provide any refunds if the price drops for any content or service you previously purchased at a higher price, for the price applicable to your transaction will be the price that was in effect at the time of the transaction. Special product, prices and promotions are no longer valid once they are changed or removed. Prices listed do not include sales tax. Applicable sales tax will be calculated and added at the time you complete a transaction. In certain jurisdictions, local laws require that prices include all applicable taxes, in which case this will be indicated at the time of the transaction. Errors in listed prices, product descriptions, and associated terms may occur. If we discover an error in the price of items you have ordered, we will contact you. You will have the option of either reconfirming your order at the correct price or canceling it. If we are unable to contact you, your order will be cancelled.

(c) When you provide Payment Information to us (or our service providers), you represent and warrant that you are the authorized user of the Payment Information that is used to pay such charges. You must promptly notify us of any changes to your Payment Information. We’ll not be response for any consequences (such as additional charges) in case of a failed or incorrect payment not of our fault (e.g. you’ve provided incorrect Payment Information). We reserve the right to deduct from the wallet all bank fees related to any transactions or failed transactions (e.g., chargebacks from your bank or credit card provider) initiated by you or anyone that uses your account, including your family or friends, including domestic and international transaction fees.

(d) Payments for access to any content or services are NOT refundable unless we’ve offered refund procedures in advance, or except where the applicable local law requires that they are refundable.

(e) You are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account, including your family or friends. If you order any optional Service and/or upgrades, you agree to pay the applicable fee for such optional Service and/or upgrade (as set forth in the ordering process) and you hereby authorize us to charge your relevant payment accounts using the Payment Information you provided in the ordering process.

(f) We reserve the right to terminate an account or Services due to your failure to complete transaction payments, in case such account or Services require a minimum payment to be accessible. In lieu of such termination, we may elect to provide a mechanism by which you can fund an account or wallet associated with such account or Services to prevent it from being terminated.

(g) We may sometimes offer a free trial period with some subscriptions. For some trial offers, if you do not cancel your subscription before expiration of a trial period, your wallet may automatically be charged the cost of the subscription at the beginning of each subscription term without further notice to you. To avoid being charged, you must cancel your subscription prior to expiration. Please review all terms carefully before you accept any offer or promotion.

5. VIRTUAL ITEMS AND VIRTUAL CURRENCY

(a) With certain Services you may be able to purchase or acquire virtual items and/or virtual currency (“Virtual Goods” for short). Virtual Goods are subject to this Agreement and in particular the following default rules, unless there are specific rules for the relevant Services (which will prevail over these rules).

(b) Virtual Goods are digital items only with no cash-value or real world existence and cannot be ‘bought’, ‘sold’, gifted, transferred or redeemed, whether or not for other Virtual Goods, ‘real world’ money, goods, services or items of monetary value. Trading Virtual Goods is prohibited (unless you are specifically permitted to do so). Your right to use any Virtual Goods is limited to a limited, nonexclusive, non-assignable, non-transferable, non-sublicensable, revocable licence to use them solely for your personal entertainment and non-commercial use in the applicable Services. You have no property interest or right or title in any Virtual Goods, which remains the appropriate publisher’s property. Virtual Goods may be changed, amended or reversed if necessary, including to enforce this Agreement. If necessary, limits may be placed on the use of Virtual Goods (including transaction limits and balance amounts).

(c) The existence of a particular offer for Virtual Goods is not a commitment by us to maintain or continue to make the Virtual Goods or that offer available in the future. The scope, variety and type of Virtual Goods that you may obtain can change and we have the right to manage, modify and remove Virtual Goods if we consider necessary for the ongoing operation of Site or Services or for other legitimate reasons, in which case we will have no liability to you or anyone for the exercise of such rights. We’ll make reasonable efforts to notify you of any such change and to explain the reasons.

6. CONTENT

(a) "Service Content" means the software, applications, games, text, graphics, images, sounds, video, and other material, information, or content, perceived, made available from, uploaded to, or otherwise transmitted on or through the Site or Services, excluding User Content (as defined below), but including accounts, characters and Virtual Goods, created, acquired or developed as a result of game play.

(b) As between you and Hawk, you acknowledge and agree that all Service Content and Feedback is the sole and exclusive property of Hawk. If you are deemed to have retained, under any applicable law, any worldwide right, title or interest (including intellectual property rights) in or to any portion of the Service Content or Feedback, you agree to and hereby do irrevocably and unconditionally assign to Hawk all of your worldwide right, title and interest (including intellectual property rights) in and to such Service Content and Feedback, without additional consideration. If such assignment is ineffective under applicable law, you hereby grant to Hawk an exclusive, irrevocable, sublicense-able, transferable, worldwide, perpetual, fully-paid, and royalty-free license, under all intellectual property and proprietary rights, to reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, use and exploit in any manner any and all of the Service Content and Feedback. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in the Service Content or Feedback.

(c) Subject to your compliance with these Terms, Hawk grants you a limited, non-exclusive, non-transferable, non-sublicense-able (except for your benefit to the owner of the third party website described below), revocable license to post your own character or any other Service Content that Hawk specifically and expressly gives you notice or specifies on the Site, may be posted on third party websites or your own website provided, however, that (i) you have express permission from the owner of the third party website to post such Service Content on such website, (ii) the third party website or your website where such Service Content is posted complies with all applicable laws, (iii) you post such Service Content in accordance with these Terms and such additional conditions as may be specified in our notice or on our Site where you were given permission for such postings, and (iv) neither the third party nor you obtain any right to such Service Content other than the license granted to you herein.

(d) “User Content” means text, graphics, images, sounds, video, and other material, information, or content, uploaded to, or transmitted on or through, the Site or Services by you or other users, but excluding Feedback. User Content shall include any information or content you may submit, post or upload via our functions (such as in chat forums) and made available to us or other Hawk users. “Feedback” means any feedback, comments, or suggestions you provide Hawk regarding the Services or the Site, including responses to user surveys. You hereby grant to us an irrevocable, sublicense-able, transferable, worldwide, perpetual, fully-paid, and royalty-free license, under all intellectual property and proprietary rights, to reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, use and exploit in any manner any and all of your User Content, including for commercial or promotional use.

(e) You agree to ensure that your User Content does not violate any applicable laws and these Terms, including the Code of Conduct. To be more specific, (i) User owns or has the necessary licenses, rights, consents, and permissions to use and authorize Hawk to use User Content and to enable inclusion and use of such User Content in the manner contemplated by the Service and this Agreement; (ii) User has the written consent, release, and/ or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Service and this Agreement; and (iii) the posting of your User Content on or through the Service or otherwise does not violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person or entity.

(f) Hawk has the right, but not the obligation, to edit, refuse to post, or remove any User Content that we deem objectionable or that violates these Terms or the spirit of these Terms, in our sole discretion and determination. If you encounter something you find objectionable and in violation of these Terms, you may bring it to our attention by reporting it via email (or an in-game support channel, if available). We do not assume any responsibility or liability for User Content or other third party content provided on our Site or through the Services and you bear all the risk regarding the completeness, accuracy or usefulness of such content. Hawk does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any responsibility in connection thereto. We reserve the right to, in our sole discretion, remove any User Content at any time (with or without notice).

7. RESTRICTIONS AND CODE OF CONDUCT

You agree that you will not (the following restrictions are referred to collectively as the "Code of Conduct")-

(a) cheat or use, develop or distribute automation software programs ("bots"), "macro" software programs or other “cheat utility” software programs or applications which are designed to modify the Services or Hawk users’ experience;

(b) exploit, distribute or publicly inform other users of any game error, miscue or bug which gives an unintended advantage or allows impersonation of another person;

(c) disrupt, attempt to, or otherwise assist in the disruption of (i) any computer or network used to provide or support the Services or (ii) any other user's experience;

(d) upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users' computers;

(e) promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services;

(f) publish, post, upload, transmit, distribute or disseminate User Content that is harmful to minors, otherwise harmful, abusive, vulgar, harassing, sexually explicit, sexually provocative, pornographic, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another's right of privacy or publicity (including distributing another user's personal information if he or she has not made such information public), hateful, violent, racist, homophobic, bigoted, or otherwise offensive or objectionable;

(g) submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity right, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Hawk all of the license rights granted herein;

(h) restrict or inhibit any other user from using and enjoying the Services (such as, but not limited to, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING in an attempt to disturb other users, "spamming," or flooding (continuous posting repetitive text);

(i) promote, encourage, or otherwise advocate the use of illegal drugs;

(j) violate any other terms governing the access or use of the Services (including any end user license, code of conduct or other terms of use/service or guidelines from any Hawk or third party web site through which the Services are available);

(k) publish falsehoods or misrepresentations that could damage Hawk or any third party;

(l) post advertisements or solicitations of business, advertise or offer to sell or buy any goods or services for any purpose through the Services, unless the Services on which you are playing specifically and expressly allow such messages and provided further that offers to buy or sell in-game items, if expressly permitted by Hawk, are limited to the forum or channel specified by Hawk for such offers;

(m) collect (in an automated manner or otherwise) personal information (including attempting to obtain password or account information) about other users without their written consent, or impersonate or create a false identity (such as a celebrity, web site administrator or a Hawk representative);

(n) remove or obscure any proprietary notices on the Service;

(o) use the Services (including bulletin boards and other communications services) or your account in any manner other than for personal communication as an individual user (e.g. sending surveys, contests, pyramid schemes, chain letters, junk email, spam or any duplicative or unsolicited messages);

(p) sublease your account or offer “free space” on or other access to your account to third parties;

(q) improperly use support channels or complaint buttons to make false reports to Hawk;

(r) use the Services for fraudulent transactions or for any purpose that violates any applicable local, state, national, or foreign laws, regulations, or treaties; or

(s) otherwise create liability for Hawk.

Hawk is not responsible for monitoring or recording any activity on the Services, including communications, although we reserve such rights. We may remove any content and communication in the Services at our sole discretion without notice and terminate any account through which violations of the Code of Conduct occur. We may also take steps on behalf of device or platform partners when we’re legally obliged to do so. We have no liability for any violation of this agreement by you or by any other Hawk Service user.

8. AD SUPPORTED CONTENT

(a) Ad Supported Content means part of our Services that contains or is displayed with advertising, marketing or other promotional materials (collectively as "Promotional Materials"). Ad Supported Content may also be limited such that it is accessible by only one Authorized Device at any one time. Promotional Materials may be displayed in or around Ad Supported Content by any means selected by us or its Ad Supported Content Partners (defined below). You acknowledge that Ad Supported Content may include, comprise or be displayed with Promotional Materials, which that may delay or interrupt some experience with our Services, e.g. if you attempt skipping or manipulating the display of Promotional Materials, we may sometimes prevent you doing so, or, you may not be able to access Ad Supported Content in any manner not prescribed by us. We do not endorse any third-party Promotional Materials associated with Ad Supported Content in any manner and gives no warranty or other assurance in relation to any products or services featured in these advertisements and promotional materials.

(b) Certain Ad Supported Content may be hosted or delivered to you by or through third-party licensors, providers or partners ("Ad Supported Content Partners"). We have no control over the content hosted or delivered by the Ad Supported Content Partners (including all associated Promotional Materials, corresponding meta-data, artwork and other peripheral materials). We cannot guarantee that their content will be complete and accurate, comply with applicable laws, correspond to its description, be suitable or appropriate for a particular age group, or be delivered uninterrupted, error-free and without fault or delay.

9. THIRD PARTY CONTENT AND EXTERNAL SERVICES

(a) You might get links to third party websites or content through our Services. For example, our Site and/or Services may contain advertisements and other Promotional Content of third parties including links to third party websites or vendors, some of which may invite you to participate in promotional offers in return for receiving optional Services and/or upgrades (such as in-game currency). Some of these third parties may charge separate fees, which are not included in any fees that you may pay to Hawk. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility.

(b) The third parties offering those products and services may require that you accept additional terms and policies to access those products and services, which means they are subject to their own terms and policies, including privacy and data practices. We make no representation or warranty regarding any content, goods and/or services contained in such third party contents and links, and will not be liable for any claim relating thereto- they’re not under our control, and we bear no responsibility for, their content, goods, services, performance, operation, availability, business practices or policies. We are providing these contents and links to you only as a convenience and we do not imply any endorsement or recommendation. You will decide whether to access any of them at your own risk.

10. SECURITY

Security is a high priority for us, and we make reasonable efforts to protect your account through the design of our Site and Services, as well as through technical means, including the use of encryption and firewalls. However, no company, including Hawk, can fully eliminate security risks connected to handling data on the Internet and you acknowledge, understand and agree that we cannot and do not guarantee the security of your account or User Content, including your personal information, while it is transmitted over the Internet or stored on our Site or Services.

11. PRIVACY

Hawk’s current privacy policy is available at https://sites.google.com/view/hawkprivacypolicy/home (the "Privacy Policy"), which is incorporated by this reference. In case of any difference on data and privacy practices in the Privacy Policy and these Terms, the Privacy Policy prevails.

12. PARENTAL CONTROLS

(a) As the parent or legal guardian, you are responsible for monitoring your child's access to or use of Hawk Services, as well as any communications made or received by your child on or through our Services. You are also responsible for the use of your account by your children or others.

(b) Some content may be objectionable or age-inappropriate for some users. Please consider what is appropriate for your child and check any content ratings and descriptions where available, before you access, download or purchase access to any items or permit your child to do so. You may also be able to restrict your child's access to game and video content by using restrict content settings, if the content is rated. However, not all content is rated and parental controls may not apply to content that is not rated. In some cases, third parties provide the content ratings or descriptions for items, and we cannot guarantee the accuracy or completeness of that information. You may also be able to set other restrictions for your child's account, including control of communication features and online accessibility. Parental control features and restriction settings differ based on the system or device you use, and are subject to availability including based on the country in which your account is registered.

(c) Some content that you access on your system or device may be accessible by all users of that system or device, and parental controls on those systems or devices may not apply to certain types of content.

13. PATCHES, UPDATES AND CHANGES

Occasionally we may need to patch or update the Sites or our Services (for example to add or remove features, resolve software bugs, or comply with laws and regulations). Hawk reserves the right, at any time, to modify, suspend, or discontinue the Site or Services, including any content thereon, with or without notice. You agree that to the extent allowed by applicable law, Hawk will not be liable to you or to any third party for the above operations. Our Partners may also use our services to roll out patches or updates for applicable Hawk content.

14. TERMINATION

(a) You may choose to terminate this Agreement at any time with or without cause. Subject to the functions and settings we offer on each application, website etc., and if you’d like us to delete your account on our Site, you may request so by providing written notice to our email or using other available account-deletion channels. We do not guarantee all Services and user accounts always have a method for termination or account deletion by users, except if we promised in advance or relevant operation is mandated by applicable laws. Also you may terminate the use of the Services from a Third Party Affiliated Website by following the provisions in the terms and conditions applicable to that Third Party Affiliated Website.

(b) We reserve the right to terminate or suspend your account or your access to any or all portions of the Site or Services at any time, for any reason, including your violation or breach of any provision in these Terms. If the termination is due to your violation in connection with content you have accessed, use of that content must immediately cease and all copies must be deleted from all of your devices.

(c) Upon termination of your account for any reason, you will not receive a refund for items (including subscriptions, virtual items, and pre-paid products or services), value accumulated on in-game items or any unused balance in your wallet, except as required by law or if we’ve expressly offered other solutions in advance. After your account is terminated, you will not be able to access Hawk Services. Any game ranking or scores, virtual items, including virtual currency balances (whether earned or purchased), or scores or information in connection with our Services will not be retained or accessible.

(d) We may indefinitely suspend, or discontinue online access to content or data associated with your participation in Hawk Services at any time, including for service deprecations, maintenance services, or upgrades, without prior notice or liability. For any Service that uses online servers, we make no commitment to continue to make those servers available. In addition, we reserve the right to delete player account data and/or user’s personal data that we determine to have been dormant, or in order to comply with data privacy laws.

15. WARRANTY DISCLAIMER

The Services are provided on an "as is" basis, without warranties of any kind, either expressed or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Hawk makes no warranty that (i) the Services are free of viruses or other harmful components, or (ii) the results of using the service will meet user's requirements. The foregoing disclaimer shall not apply to the extent prohibited by applicable law. No warranties are made by any of our suppliers or made by us on behalf any third party. Your access and use of the Site, Services, and content thereon, is at your own risk. You are solely responsible for creating back-ups of your user content.

16. LIMITATION OF LIABILITY

(a) To the maximum extent permitted by applicable law, Hawk will not be liable in any way for any claim, damage, cost, liability, or loss of any kind arising from or relating to (a) the use of or inability to use the Site, Services, or content thereon, for any reason, including interruptions of the Site or Services caused by software or hardware failures or ISP disruptions; or (b) the loss or damage to characters, accounts, statistics, inventories, user content, game play, virtual currency, virtual goods, or other data or information, even if due to delays, non-deliveries, errors, system down time, misdeliveries or service interruptions caused by us, or by your or by any other user's errors and/or omissions.

(b) To the maximum extent permitted by applicable law, in no event will Hawk be liable to you or anyone else for any indirect, incidental, special, exemplary or consequential damages arising from or related to these terms, the Site, the Services, or any content thereon, even if Hawk has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

(c) Hawk’ aggregate cumulative liability to you arising from or related to these terms, the Site, the Services, and content thereon, for any cause whatsoever, regardless of the form of the action, and even if a remedy set forth herein is found to have failed of its essential purpose, will at all times be limited to the greater of (a) fifty US dollars ($50) or (b) amounts you've paid Hawk in the twelve (12) months preceding the date of the first claim giving rise to the liability.

(d) You agree that our suppliers will have no liability of any kind under or as a result of these terms or your use of the Site, Services, or content thereon.

17. INDEMNIFICATION

You are responsible for all of your activity in connection with the Service. You agree to defend, indemnify, and hold Hawk and its directors, officers, employees, agents, successors, and assigns (collectively, the "Indemnified Parties"), harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including attorneys' fees) incurred by Hawk or any Indemnified Party arising out of or related to (a) your access and use of the Site, Services, or content thereon, (b) your User Content, or (c) your violation or breach of any provision in these Terms or your violation of any rights of a third party.

18. GOVERNING LAW AND DISPUTES

(a) These Terms and any action related thereto will be governed by the laws of Hong Kong without regard to its conflict of law provisions. All claims, legal proceedings or litigation arising in connection with these Terms will be shall be resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules then in force. This arbitration clause shall be subject to Hong Kong law. The seat of arbitration shall be Hong Kong. The arbitration shall be conducted by one arbitrator and in English. In any arbitration to enforce any part of these Terms, all related costs and fees including attorney's fees will be paid by the non-prevailing party.

(b) Notwithstanding the foregoing, Hawk may seek injunctive or other equitable relief to protect its intellectual property and proprietary rights in any court of competent jurisdiction.

(c) You are solely responsible for your interactions with other Hawk users. We reserve the right, but has no obligation, to monitor disputes between User and other Service users. If User has a dispute with one or more users of the Service, User shall and hereby does release Hawk (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

19. GENERAL PROVISIONS

(a) Entire Agreement. These Terms are the entire and exclusive agreement between Hawk and you regarding the subject matter hereof, including your use of the Site, Services, and content thereon, and these Terms supersede and replace any prior written or oral agreements regarding the foregoing.

(b) Modification to this Agreement. We may modify these Terms at any time, including imposing a fee for creating accounts or for any Service. If material changes to the Terms are made, you will be notified by e-mail or other communication when you sign in to relevant Services. Your continued use of Hawk Services, including use by your children, will signify your acceptance of those changes. If you do not accept material changes to the agreement, please do not use the Services, and you may contact customer service to terminate this Agreement and/or seek other advice regarding termination.

(c) Severability. If any provision of this Agreement is held illegal or unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of the Agreement will remain in full force and effect.

(d) Assignment. We reserve the right to assign our rights and obligations under this agreement to any successors, affiliates or to other Hawk entity. Neither the rights nor obligations arising under these Terms are assignable by you, and any such attempted assignment or transfer shall be void and without effect.

(e) Waiver, Severability and Interpretation. The failure of Hawk to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect. The term "including" means "including without limitation." Section headings used herein are for convenience only and shall not be given any legal import. You agree that these Terms will not be construed against Hawk by virtue of having drafted them.

20. CONTACT INFORMATION

The Site and Services are operated and provided by Hawk. If you have any questions, comments or concerns regarding this Agreement, our Privacy Policy and/or our practices, please send an e-mail to support@polymergame.com for customer service .