PRIVACY POLICY

Last Updated December 25, 2023

This Privacy Policy (“Policy”) developed to explain how Vladimir Dushin (or “ Game Developer ” or “we” or “our” or “us”) collect, use, communicate and share your personal information when our users (“users” or “you”) access or use the game “ HI Guys ! ” (collectively “ this game ”) or any of the the services belonged to this game.

BY INSTALLING, USING, REGISTERING TO, OR OTHERWISE, ACCESSING THIS GAME, OR ANY OF THE SERVICES BELONGED TO THIS GAME, YOU AGREE TO THIS PRIVACY POLICY AND GIVE AN EXPLICIT AND INFORMED CONSENT TO THE PROCESSING OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLASE DISCONTINUE TO PLAY THIS GAME, OR USE ANY SERVISES BELONGED TO THIS GAME.

Personal information generally means information that alone or in combination with other information, may be used to identify you. The definition of personal information (used interchangeably in this Privacy Policy with the term “personal data”) depends on the applicable law based on where you are a resident.

The personal information that Game Developer may collect is used only for providing and improving this game, or any of the the services belonged to this game. This Policy does not address the privacy practices of any third parties that Game Developer do not own or control.

Game Developer will not use or share your information with anyone except as described in this Privacy Policy.

Game Developer may provide additional notices to be read in conjunction with this Privacy Policy (for example in Terms of Service, available below or from the first page of this game).

Game Developer offers this game also to users resident in jurisdictions across the world, including the European Union (“EU”), United Kingdom (“UK”), Switzerland and Brazil. Game Developer is the data controller for personal information collected from those users, insofar as this concept applies in those jurisdictions.

Game Developer will process your personal information in accordance with applicable law, including ensuring a valid legal basis for such processing if so required. Where applicable law requires consent to process your personal information, you hereby agree to such processing in the manner provided in this Policy and our Terms of Service.

Game Developer may collect information about you directly from you, from third parties, business partners, or publicly available sources and automatically through your use of this game or any of the the services belonged to this game. Game Developer may combine the information that Game Developer may collect about you from these various sources. Game Developer will also may collect any information or categories of information that you provide to Game Developer through your use of this game or any of the the services belonged to this game. Game Developer will direct you to perform payment through one of the Payment Service Providers Game Developer work with. Game Developer will not collect or store your financial data, (e.g., your credit card numbers or bank account). Game Developer may still however receive or collect Personal information may include identifiers such as : your name, user identification number, passwords, billing address, shipping address, email address, phone number, four last digits of a credit card, transaction date, time and amount and transaction I.D.) in order to fulfil your purchase and for purposes as described in this Privacy Policy. In addition, Payment Service Providers may share information with Game Developer related to your purchases for purposes as described in this Privacy Policy. Game Developer collect except as needed to fulfill your purchase and/or communicate with you regarding your transaction.

Game Developer are not responsible for any Payment Service Providers handling your transaction and you should refer to the Payment Service Provider’s privacy policy to see how they use your data, which is subject to their rules and policies.

If you contact Game Developer via email (e.g., to contact customer support), Game Developer may collect your name and email address, as well as any other content included in the email, in order to send you a reply. Game Developer may use your personal information submitted in your communications to contact and respond to you. Additionally, Game Developer may acquire information from you through your access and participation in message boards of this game, if they are exist. This information may include posts, comments, photos or screenshots, videos, ratings, and in-game messages. If you post content to Game Developer in- game post service, if it is exist, such information may be available to other users of this game (e.g., in-game messages will be available to the recipient of your message and if you upload a profile picture, your image may be available to all other users of Game Developer in- game post service, if it is exist). If you post your own content or comments in social media recourses (Facebook, Discord pages for example) belongs to Game Developer, your information may become public and Game Developer cannot prevent such information from being used in any manner.

When you use this game, Game Developer may record information regarding the use of this game, including about your internet or other electronic network activity, and Game Developer may collect other information that is visible on your social network page in accordance with the relevant terms of use associated with that page.

Game Developer may also record game play information such as your high scores or game session duration. When you invite new members into your network in Game Developer in- game post service, if it is exist, or send messages through the service, Game Developer collect and maintain the information associated with those messages, including email address and content.

If you use the Service on your mobile telephone or other mobile device, including iPads and tablets, Game Developer may collect mobile device identifiers, including Media Access Control (MAC) address, and possibly IP address. In this game Game Developer may create and assign to your device an identifier that is similar to an account number. Game Developer may collect the name you have associated with your device, device type, telephone number, country, and any other information you choose to provide, such as username, character name, general location (based on your Internet Protocol ("IP") address) or e-mail address. This information may be useful to Game Developer for troubleshooting and helps Game Developer understand usage trends. Game Developer may provide the support for any of Cloud services. This means they automatically save some of your game information (such as progress, daily challenges, and current game state) in a special way that allows the Cloud services to access it.

Except as described in this Policy, Game Developer will not share this information with any third party. If you no longer wish to allow Game Developer to track or use this information, you may turn it off at the device level. Please note that this game may not work properly if we are unable to tell where you are coming from (country specific).

In addition, Game Developer may create a unique user ID to track your in game activity. This unique user ID may stored in connection with your account information to track this game you are playing.

Some of the information you give to Game Developer when you register to play this game may be open to the public, such as your profile picture, number of friends, your username, the list of games that you play and the date of your registration.

Game Developer need the above personal information for the purposes as described in this Policy, and not providing certain information may have an impact on Game Developer ability to provide you all the the servicies of this game.

In addition, Game Developer may use user information for the following purposes:

Providing and improving all the the services of this game. To facilitate payments and communications between users; to provide and maintain all the the servicies of this game; to improve all the the services of this game; to develop new features, products, or services; to authenticate users; to perform technical operations, such as updating software; to validate this game users and ensure their qualifications to use all the the services of this game; and for other customer service and support purposes, to analyze how you interact with all the the services of this game; to monitor and analyze usage and activity trends; and for other research, analytical, and statistical purposes.

Also to communicate with you, including via email or push notification, if they are exist, about your account and use all the the services of this game, including to install and product updates; to respond to your inquiries; to provide you with news and newsletters, special offers, promotions, keep you and others informed of your in-game activity, and other information Game Developer think may interest you; and for other informational, marketing, or promotional purposes.

To protect the safety, rights, property, or security of Game Developer, all the the services of this game, any third party, or the general public; to detect, prevent or otherwise address fraud, security or technical issues; to prevent or stop activity which Game Developer, in its sole discretion, may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity; to use as evidence in litigation; and to enforce this Policy and Game Developer Terms of Service .

Legal compliance. To comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a governmental authority.

Game Developer may collect, use, and otherwise process your personal information when Game Developer have a lawful basis, as follows:

Contract Performance: This Game Developer process your personal information to enter into an agreement with you and/or provide you with the service you request, pursuant to Game Developer Terms of Service;

Game Developer process your  personal information when necessary for our legitimate business interests and when these interests do not outweigh your own rights and interests, and subject to your right of objection to: (i)  improve Game Developer services and your gaming experience; (ii) ensure the security function, and integrity of this game; (iii) when permitted by law, send you newsletters, marketing emails and push notifications with the latest information  on Game Developer products, as well as other advertising for Game Developer products;  (iv) protect Game Developer rights and  property, enforce Game Developer Terms of Service and legal notices and for the establishment,  exercise and defense of legal claims; (v) conclude corporate  transactions (e.g., corporate restructuring, sale or assignment of  assets, merger); (vi) share your information with third party  marketplaces and service providers for adverting purposes; (vii)  otherwise support our business, operations, and services; (viii) enforce Game Developer Terms of  Service ; and (ix) prevent fraud illegal activity and/or any violation of Game Developer intellectual property rights.

Legal Requirements: Game Developer collect and process your personal information to comply with our legal obligations, including any court order or binding decision;

Consent: We ask  you for consent to collect or process your personal information for purposes unrelated to those described in this Privacy Policy by  first notifying you and, where required, offering you a choice as to  whether or not Game Developer may use your  personal information in this different manner.

Where Game Developer rely on consent to process your personal  information, applicable law may require that Game Developer obtain your explicit affirmative consent, and you may also have the right to withhold or later withdraw your  consent. Where such requirements apply, Game Developer  will obtain your consent and enable you to withhold or withdraw it  accordingly.

To the extent you provide information about friends and family members, you will present them this Privacy Policy and obtain their consent to provide the information. If you do not have their consent, do not send to Game Developer their personal information.

Cookies are small data files, typically of letters and numbers, that are placed by a web server on your device. Game Developer may use cookies and similar technologies, including pixel tags, web beacons, mobile analytics features, and mobile identifiers (collectively, “tracking technologies”) or any other data collection tools to collect information for many reasons, such as to keep you logged in to your account, remember your preferences and settings, your IP addresse, browser type, browser language, referring and exit pages, URLs, platform type, the number of clicks, domain names, landing pages, clickstream data, pages viewed and the order of those pages, the amount of time spent on particular pages, game information and the date and time of activity on any of the the services of this game, and other similar information, measure the performance of this game or any of the the services belonged to this game, and ensure security on our services. Some of the functions performed by tracking technologies are strictly necessary for us to be able to offer you our services, while others provide us with valuable insight about how we can improve or market this game or any of the the services belonged to this game.

Third party partners/providers, such as analytics companies or companies delivering advertisements in any of the the services of this game, may also use cookies or other technologies, and those practices and providers are subject to their own policies. This Policy does not cover the use of tracking tools from third parties. We do not have access or control over these third parties.

In some cases, Game Developer will associate this technical information for our internal use. By using any of the the services of this game, you consent to our use of cookies, web beacons and Data Collection Tools.

Game Developer may collect and/or use other information about your device to, among other things, analyze and measure marketing performance. You can set your web browser to warn you about attempts to place cookies on your computer, limit the type of cookies you allow or refuse cookies altogether. You may need to take additional steps to refuse or disable other types of technologies, such as Adobe Flash cookies. You may disable such permissions in your device settings or may withdraw your consent for specific apps. To do this, follow the instructions provided by your browser, usually located within the “Help”, “Tools” or “Edit” settings of your browser or mobile device. Please be aware that if you set disable tracking technologies on your browser, you may not be able to access secure areas of the Services and parts of the Services may also not work properly (e.g., preferences, referral links). Any of the the services of this game does not respond to Do Not Track signals.

Game Developer may use a tool called “Google Analytics” or simular analytic tools to collect information about use of any of the the services of this game. Google Analytics collects information such as how often users visit any of the the services of this game, what pages they visit when they do so, and what other sites they used prior to coming to any of the the services of this game. Game Developer may use the information it gets from Google Analytics to understand any of the the services of this game usage and patterns and to improve all of the the services of this game. Game Developer does not combine the information collected through the use of Google Analytics with other personal information.

Game Developer may use third parties to help us operate and improve this game or any of the the services belonged to this game. These third parties may assist us with various tasks, including hosting and maintenance, on-going development, analytics, customer care, marketing, advertising. We may also share information with advertising partners who distribute advertising in this game or any of the the services belonged to this game.

When you install this game, Game Developer may collect and record the information you provide Game Developer voluntarily through a social networking website in accordance with their policies and terms. If you log into this game using Facebook, you must enter your Facebook email address and password. Game Developer may ask you the permission to access and collect your Facebook basic information. Game Developer also may access and collect any information you have set to public on your Facebook account.

If you log into this game using Google, you must enter your Google email address and password. By logging in through Google, you are granting Game Developer access to your Google profile information, which may include your name, location, email, birthday, and any demographic data.
You may also be able to log into this game using other third-party services, such as Mail.ru. Game Developer encourage you to read the privacy policies of third-party platforms that you use to log into your gaming accounts to understand how those third parties use and disclose your information. Game Developer have no control over how any third-party site uses or discloses the personal information it collects about you.

Other Game Developer users. We may share your information with other Game Developer users to provide any of the the services of this game. For example, if you post a profile picture in any of the the services of this game, that picture may be available to all other users of any of the the services of this game.

Third parties for legal, fraud prevention, and security purposes. Game Developer also may share your information with third parties as required by legal or regulatory obligations; as requested by law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you or Game Developer to legal liability; or as Game Developer otherwise deems necessary to detect, prevent, or otherwise address fraud, security, technical issues, or other threats to Game Developer or others.

Third-party service providers. Game Developer may share the categories of information listed above with third party companies that perform services on Game Developer behalf, including payment processing (e.g., Payment Service Providers), order fulfillment, data analysis, marketing services, email campaigns, hosting services, and customer service. While providing the services for Game Developer , these companies may access your personal information, and are required to use it solely as directed by Game Developer for the purpose of Game Developer requested service.

Third-party partners to provide any of the the services of this game. In conjunction with the running of this game we may partner with a third party to assist Game Developer in providing you with any of the the services of this game. We may share the information you provide to Game Developer through your social network, such as (1) your first and last name; (2) your profile picture or its URL; (3) your user identification number of the pertinent social network, which is linked to publicly available information such as name and profile picture; (4) the login email you provide to the pertinent social network upon registration; and (5) this game play information with these third parties so they may facilitate the use of any of the the services of this game as well as contact you about other games which may be of interest to you, service notifications and to solicit your feedback and input. If you do not wish to have this information shared please do not use any of the the services of this game. If you wish to no longer have your personal information used by such partners you may contact us by the mail adress mentioned below and we will try to facilitate your request to the partner.

Third parties in the context of a merger, acquisition, corporate transaction, or other legal process. Game Developer may disclose your information to another entity in connection with, including during negotiations of, an acquisition or merger, sale or transfer of a business unit or assets, bankruptcy proceeding, or as part of any other similar business transfer.

Third parties for advertising purposes. Game Developer may use and share with third party advertisers (and other third parties) certain technical and personal information, and may allow advertisers to collect technical and personal information, which they may share with Game Developer, through the use of tracking technologies like cookies and web beacons. The information collected may be used to offer you targeted ad-selection and delivery in order to personalize your user experience by increasing the likelihood that advertisements for products and services you see will appeal to you, a practice known as behavioral advertising, and to undertake web analytics (i.e. to analyze traffic and other end user activity to improve your experience). Please see the your rights and choices in relation to your personal information section below for more information about opting out of behavioral advertising.

Information about any of the the services of this game users is an integral part of our business. Game Developer share your personal information only as described in this Policy. Game Developer does permit third parties to collect personal information through any of the the services of this game and shares personal information with third parties for business purposes. These business purposes are described above and include providing advertising on any of the the services of this game and elsewhere based on users’ online activities over time and across different sites, services, and devices (so-called “interest-based advertising”). While Game Developer provide you the choices described above in the “Cookies” and “Third Party Services” sections, Game Developer do not treat these relationships as “sales” of personal information where that concept is relevant under applicable law. The information practices of these third parties are also not covered by this Policy. However, should these third parties be perceived as such, Game Developer provide options for you to opt out. You have the right to opt out of Game Developer sharing of your device and other personal information with these third parties by following the instructions in the "Your rights and choices in relation to your personal information" section below.

Please note that if you use multiple devices to access any of the the services of this game you will need to renew this choice and will need to opt out separately on each device.

Game Developer may transfer your personal information outside your country of residence, including possibly to countries that do not provide a level of data protection equivalent to your country of residence. Game Developer implement appropriate safeguards to protect the personal information that Game Developer transfer in accordance with applicable data protection requirements. Where required by law, Game Developer put in place standard contractual clauses to protect your personal information.

Specifically, for our users resident in the EU or UK, please note that Game Developer is located in USA, a country that is deemed to provide an adequate level of data protection according to the European Commission or UK government, respectively. Where Game Developer onward transfers your personal information to a company located outside of USA, the EU or the UK, we will take steps to ensure that your information is given a similar level of protection as that given in USA, the EU or the UK.

Game Developer will keep your information for as reasonably necessary for the purposes set out above in accordance with applicable law, generally no longer than 3 years from the date you stopped using our services. To determine the appropriate retention period, Game Developer will consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which Game Developer process the personal information and whether Game Developer can achieve such purposes through other means, as well as applicable legal and regulatory requirements. strive to protect personal information while it is under Game Developer control. If you have an account in any of the the services of this game, your account information is accessible online only through the use of a password. To help protect the confidentiality of personal information, you must keep your password confidential and not disclose it to any other person. You acknowledge that you provide your personal information at your own risk. You are also responsible for all uses of any of the the services of this game by any person using your password. Please advise Game Developer immediately if you believe your password in any of the the services of this game has been compromised or misused.

Game Developer as the solo game developer have implemented technical, physical, managerial and organizational limited measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. Please note that no system or network is 100% secure and we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use, disclose, or alter your personal information for improper purposes.

To protect your privacy and security, Game Developer may take reasonable measures (such as requiring a unique password) to verify your identity before permitting you access to this game account or any of the the services of this game.

Game Developer takes your privacy seriously and works in a transparent way. In that sense, upon providing sufficient identification (to protect others' privacy), you may have rights under applicable law to request information from Game Developer about the personal information Game Developer hold in relation to you and correct any inaccurate data Game Developer hold.

Furthermore, depending on where you live, you may also have rights to change or request that Game Developer delete any personal information about you, such as by changing the applicable information found in any of the the services of this game. However, if you decide to delete or anonymize your personal information, you may no longer have access to certain content (e.g. information of your game progress) and any of your activity in this game may become deactivated.

In certain territories (including the EU, UK and Brazil), you also have a legal right to ask for a restriction of processing or to object to processing.

Subject to applicable law, you also may have rights to request that we provide such information to you in a portable format, or to request additional information about how we collect or disclose your personal information. The rights that you have are subject to conditions and may not always be applicable. If you or an authorized agent wants to exercise any of these rights, please first contact Game Developer by email mentioned below. Subject to applicable law, you can freely exercise these rights and choices. Game Developer will not charge you different prices or provide different quality of services unless those differences are related to your information or otherwise permitted by law. Once Game Developer receive your request from you, Game Developer may verify it by requesting information sufficient to confirm your identity.

Subject to applicable legal provisions, Game Developer may send periodic promotional or informational emails to you. You may opt out of such communications by following the opt-out instructions contained in the email. Please note that it may take up to 30 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, Game Developer may still send you emails about any of your activity in this game or any of the the services of this game you have requested or received from us.

Game Developer may occasionally send you push notifications through any applications to send you game updates, high scores and other service related notifications that may be of importance to you. You may at any time opt out from receiving these types of communications by turning them off at the device level through your settings.

Behavioral advertising

Users in the United States may opt out of receiving interest-based advertising from many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”)Consumer Choice Page for information about opting out of interest-based advertising and your choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and your choices regarding having information used by NAI members. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org.

Users in the European Union or United Kingdom may go the European Interactive Digital Advertising Alliance (“EDAA”) Your Online Choices website and select their country to learn more about interest-based advertising and how to opt out in their own country. For example, users in France may go to the Contrôler ses cookies website to opt out of certain third-party ad networks’ interest-based advertising and find additional information at www.youronlinechoices.com/fr.

Opting out from one or more companies listed on the DAA Consumer Choice Page, the NAI Consumer Opt-Out Page, or through the various EDAA websites will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through Game Developer or any of the the services of this game. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). If your browser is configured to reject cookies when you opt out on the DAA, NAI, and/or EDAA websites, your opt out may not be effective. Please note that if you use multiple devices you will have to opt out on each individual device.

Links from Game Developer or any of the the services of this game to third party websites or applications are provided for your convenience. In addition, content in the any of the the services of this game may be hosted by other websites or applications. Any personal information you provide on the linked pages or applications is provided to that third party and is subject to that third party's privacy policy, not ours. These other websites and applications maintain their own policies regarding cookies and the collection and use of personal information. Game Developer encourage you to review those policies yourself.

Game Developer are not intended for use by children under the age of 13 (or other age as required by local law). Game Developer will not knowingly collect personal information directly from children under the age of 13 (or other age as required by local law) without parental consent. If you are under the age of 13 (or other age as required by local law), please do not provide us with information of any kind whatsoever. Game Developer encourage parents and guardians to spend time with their children online and to be familiar with the applications they visit and to instruct children to never give out their real names, addresses, or other personal information without your permission. If you have reason to believe that Game Developer may have accidentally received information from a child under the age of 13 (or other age as required by local law), please contact us immediately. As a parent or guardian, you can provide additional protection by restricting access to clouds, emails, applications or websites on your devices

Game Developer may modify this Policy from time to time. Game Developer will notify you of material changes to this Policy by posting the new version on the Services before the effective date of the changes. If you do not agree with the proposed changes, you should discontinue to use this game or any of the the services belonged to this game prior to the time the new Policy takes effect. If you continue using the this game or any of the the services belonged to this game after the new terms take effect, you understand and acknowledge that you will be bound by the modified Privacy Policy.

Game Developer ask you to review the Privacy Policy whenever you access this game or any of the the services belonged to this game to stay informed and updated about all this changes. Use of information that Game Developer collect now is subject to the Policy in effect at the time such information is used. Game Developer may provide an additional notice (such as emailing you, or placing a notice on our web pages (such as Discord) or in this game). Some changes may take effect immediately, or as required by the law and without any prior notice.

If you have any questions or concerns regarding this Privacy Policy , please contact Game Developer:

email: higuysoffice.gmail.com

Postal address: USA, 4209, Ridge Top Rd, Fairfax, VA, 220030-1119, apt. 354

TERMS OF SERVICE

AND END USER LICENSE AGREEMENT

Last Updated: December 25, 2023

This is TERMS OF SERVICE (“Terms of Service”) AND END USER LICENSE AGREEMENT(“Agreement”) between you and Vladimir Dushin, (or “ Game Developer ” or “we” or “our” or “us”) in connection with your use of the game “ HI Guys ! ” or this game software or any of the the services belonged to this game (collectively “ this game ”) .

This Terms of Service and Agreement, as amended from time to time and published here and in this game , incorporated by reference, is supplemented by Privacy Policy (published here and in this game incorporated by reference).

Please note that:

As a precondition for you using this game, you must agree to this Terms of Service and Agreement.

BY AGREEING TO THIS TERMS OF SERVICE AND AGREEMENT, YOU REPRESENT YOU ARE AT LEAST 13 YEARS OLD. IN CASE YOU DON´T HAVE THE LEGAL CAPACITY TO ENTER THIS TERMS OF SERVICE AND AGREEMENT, YOU REPRESENT THAT YOUR LEGAL GUARDIAN OR ANYONE BEING LEGALLY RESPONSIBLE FOR YOUR INTERESTS HAS AGREED TO THIS TERMS OF SERVICE AND AGREEMENT.

BY ACCESSING THIS TERMS OF SERVICE AND AGREEMENT, YOU AGREE TO BE BOUND BY THIS TERMS OF SERVICE AND AGREEMENT AND THE TERMS SET FORTH BELOW. IN CASE YOU DON´T AGREE TO THIS TERMS OF SERVICE AND AGREEMENT, PLASE DISCONTINUE TO PLAY THIS GAME.

BY PURCHASING, DOWNLOADING, ACCESSING, OR USING THIS GAME, YOU ARE AGREEING TO BE BOUND BY THIS TERMS OF SERVICE AND AGREEMENT.

THIS TERMS OF SERVICE AND AGREEMENT ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS. PLEASE READ THIS TERMS OF SERVICE AND AGREEMENT IN ITS ENTIRETY, INCLUDING THE ARBITRATION PROVISION BELOW.

Please note, that this game may contain features which may allow you to make purchases.

This game is offered as a subject to your compliance with all of the terms and conditions contained herein and all other operating rules, policies and procedures. In addition, this game may be a subject to additional terms and conditions promulgated by Game Developer from time to time. Any material modifications to this Terms of Service and Agreement may also be brought to your attention. Such material modifications will be effective immediately, and will apply to disputes arising under this Terms of Service and Agreement from the date of posting forward. Your continued use this game after a modification has been made to this Terms of Service and Agreement constitutes your acceptance of such modification.

Subject to your compliance with this Terms of Service and Agreement, Game Developer hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to to install, execute, and use a single production instance (one copy) of this game that we make available to you solely for your personal and non-commercial use. This game is not intended to be, and shall not be used for education purposes. Game Developer reserve all rights in and to this game that we do not expressly grant you in this Terms of Service and Agreement. This Terms of Service and Agreement shall also apply to any patches or updates obtained for this game. The rights granted to you are subject to your full compliance with this Terms of Service and Agreement.

Except for the license we grant you above, all rights, title, and interests in and to this game , and any and all intellectual property rights embodied in this game, are owned by Game Developer. This game is protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved.

When you use any part of this game or otherwise interact with us (e.g. customer service), you MUST NOT:

violate any law or regulation;

violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;

exploit this game commercially;

use this game, or permit use, or make this game available for use in a network, multi-user arrangement, remote access arrangement, including where it could be downloaded by multiple users;

sell, rent, lease, license, distribute, or otherwise transfer this game or any  copies of this game;

post or share anything, or act in a manner, that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable in our discretion;

send unsolicited  or unauthorized advertising or commercial communications, such as  spam;

transmit any  viruses or other computer instructions or technological means whose  purpose is to disrupt, damage, or interfere with the use of  computers or related systems; stalk, harass, or harm another  individual;

impersonate any  person or entity or perform any other similar fraudulent activity, such as phishing;

attempt to  remove, disable, or circumvent any security measure or proprietary  notices contained on or within this game ;

attempt to  reverse engineer, derive source code, modify, decompile,  disassemble, copy, or create derivative works of this game, in whole  or in part (except as the applicable law expressly permits, in which  case all and any modifications shall belong to, vest in, and be the  exclusive property of Game Developer on creation);

export or re-export this game or any copies of this game in violation of any  applicable laws or regulations, including applicable United States  export control regulations regarding U.S. embargoed countries or denied persons; and/or

advocate, encourage, or assist any third party in doing any of the foregoing.

Without limiting  any of our other rights or remedies, Game Developer reserve the  right to suspend or terminate the account or refuse customer service  to anyone who, in our opinion, has violated this Terms of Service  and/or this Agreement.

YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THIS GAME, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF GAME DEVELOPER.

Accordingly, except as expressly licensed to you herein, Game Developer retains all right, title, and interest in any part of this game, including without limitation, and any and all associated copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, patches, updates, copies, derivative works, titles, computer code, audiovisual effects, themes, objects, characters, character names, stories, dialogs, settings, catchphrases, locations, concepts, artwork, images, animation, sounds, musical works, audio-visual, text, methods of operation, moral rights, whether registered or not.

IN ACCORDANCE WITH THE PROVISIONS SET FORTH HEREIN, DUPLICATION, COPYING OR ANY FORM OF REPRODUCTION OF THE SERVICES IN ANY MANNER, EITHER IN WHOLE OR IN PART, IS EXPRESSLY AND EXPLICITLY PROHIBITED, UNLESS GAME DEVELOPER EXPRESSLY CONSENTS IN WRITING.

You accept that this game does not give you any title or ownership in any content appearing in any part of this game, and this Terms of Service and Agreement should not be construed as a sale or transfer of any intellectual property rights to any part of this game. All rights not specifically granted under this Terms of Service and Agreement are hereby reserved by Game Developer.

Game Developer may allow you to upload, submit, store, send, or receive content and data (“User Content”). By way of example, User Content includes your original content that you upload or contribute to this game, such as comments, images, audio, media, virtual items, puzzles, and other elements of this game, for your own use of this game or for other player’s use of this game. You retain ownership of any intellectual property rights that you hold in that User Content. When you upload, submit, store, send, or receive User Content to or through this game, you give Game Developer permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with this game), publicly perform, publicly display, and distribute your User Content. This license is for the limited purpose of operating, promoting, and improving this game, and to develop them, new products, and new services. Game Developer may refuse to accept or transmit User Content for any reason. Game Developer may remove User Content from this game for any reason.

Game Developer or this game may provide you with the option to license a variety of virtual items such as virtual currency, virtual goods, additional levels, and content packs (“Virtual Items”) that can be used in this game.

You agree you have no property interest in any Virtual Items. Any purchase or obtaining of Virtual Items, by paying a fee or earned through this game play, are purchases of a limited, personal, non-transferable, non-sublicensable, revocable license to use those Virtual Items within this game. Virtual Items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual Items may not be purchased or sold from any individual or other company via cash, barter, or any other transaction. Virtual Items do not have an equivalent value in real world money and do not act as a substitute for real world money. Virtual Items have no monetary value, and cannot be used to purchase or use products or services other than within this game. Initiation and/or effectuation of any transfer of Virtual Items between user accounts for consideration exchanged outside this game is a breach of this Agreement, and your user account may be immediately suspended or terminated.

Game Developer may license to you certain virtual goods to be used within this game and which you may purchase with "real world" money or which you may earn or redeem via gameplay ("Virtual Items"). Virtual Items are licensed to you on limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use.

YOU AGREE TO PAY ALL FEES AND APPLICABLE TAXES INCURRED BY YOU OR ANYONE USING A USER ACCOUNT (OR COPY) OF THIS GAME REGISTERED TO YOU. ALL SALES OF VIRTUAL ITEMS ARE FINAL. VIRTUAL ITEMS CANNOT BE RETURNED, REFUNDED, OR EXCHANGED FOR CASH OR ANY OTHER TANGIBLE VALUE.

Further, acceptance by you of any Virtual Items exchanged during such a transaction constitutes both: (i) a breach of this Terms of Service and Agreement and (ii) use of the received Virtual Items without any license to the Virtual Items. Game Developer may manage, regulate, control, modify, or eliminate your Virtual Items at any time, with or without notice, in our sole discretion, and Game Developer will have no liability to you or anyone else for exercising these rights. In addition, all virtual items are unconditionally forfeited if your user account (copy) of this game is terminated or suspended for any reason, in MobilityWare’s sole discretion, or if the particular this game or game software or any of the the services belonged to this game is discontinued. Game Developer has no liability at all to you or anyone else for loss of your Virtual Items for any reason, including hacking. Game Developer reserves the right, without prior notification, to limit the order quantity on any Virtual Item and/or to refuse to provide you with any Virtual Items. Prices and availability of Virtual Items are subject to change without notice. The transfer of Virtual Items is prohibited.

We enhance and update this game often. We may change or discontinue this game at any time, with or without notice to you.

Price and availability of Virtual Items are subject to change without notice. Subject to mandatory legislation, all purchases and redemptions of Virtual Items made through this game are final and non-refundable. You acknowledge and consent that the provision of Virtual Items for use in this game is a process that commences immediately upon purchase and you forfeit your right of withdrawal once the performance has started.

Subject to mandatory legislation, you agree that Game Developer is not required to provide a refund for Virtual Items for any reason, and that you will not receive money or other compensation for unused Virtual Items, whether your loss of license under these Terms of Service was voluntary or involuntary.

If you request that your personal data to be erased as Game Developer described, you will permanently and without a right to a refund lose all your Virtual Items as Game Developer can no longer associate such Virtual Items with you.

You agree to use this game only in a manner consistent with this Terms of Service and Agreement. Therefore, you SHALL NOT, under any circumstances:

Exploit this  game or any of its parts for commercial purposes;

Sell, rent, lease, license, distribute or otherwise transfer this game or any of its parts or any copies;

Reverse engineer, derive source code, modify, decompile, disassemble, copy or create derivate works of this game, in whole or in part, except as the applicable law expressly permits;

Use, either  directly or indirectly, any cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with this game.

Use this game in violation of any applicable law or regulation.

Disrupt, interfere with or otherwise adversely affect the normal flow of  this game or otherwise act in a manner that may negatively affect other users' experience when using this game.

Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or servers used to offer or support this game.

Attempt to gain  unauthorized access to this game,  accounts registered to others or to the computers, servers, or networks connected to this game by any  means other than the user interface provided by Game Developer, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, encryption of this game.

Post any information, content or other material (or post links to any information or content) that contains nudity, excessive violence or  is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.

Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Game Developer.

Make available  through this game any material or information that infringes  any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including Game Developer.

Engage in any  act that Game Developer deems to conflict with the spirit or intent  of this game or make improper use of Game Developer support services.

Third Party Services of this game may include links to third party services (including without limitation advertisements served by third parties) and/or the third party services may be made available to you from this game. These services may include, but are not limited to, gameplay recording and sharing, social media connectivity and advertisements. These services are subject to respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider and to which Game Developer is not a party to.

Game Developer do not accept or consider unsolicited idea or product submissions of any kind (e.g. game or other product ideas, stories, screenplays, artwork, musical or audiovisual works, concepts or any other creative materials) in any format, by means of any transmission (“Unsolicited Content”). However, if you submit Game Developer with Unsolicited Content, you agree that such Unsolicited Content will not be treated as confidential, regardless of what you state in your accompanying message or otherwise. You further agree that such Unsolicited Content may be shared or used by Game Developer without compensation to you or any third party and you grant to Game Developer a perpetual, non-exclusive, irrevocable, fully paid, royalty free, sub-licensable and transferable (in whole or in part) worldwide license to use, reproduce, transmit, amend, display and exhibit Unsolicited Content in all media now known or hereinafter invented for any purpose and create derivative works based upon the Unsolicited Content.

Because Game Developer would be irreparably damaged if the terms of this Terms of Service and Agreement were not specifically performed, you agree that Game Developer shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.

Without limiting any other legal or equitable remedies, in the event you are in breach of the terms and conditions set forth in this Terms of Service and Agreement, Game Developer reserves the right to suspend and/or terminate your access to this game and either with or without notice to you limit. In case Game Developer reasonably believes you are (i) creating any risk or exposing Game Developer to any possible liabilities, or (ii) infringing intellectual property rights of third parties, Game Developer may limit, suspend or terminate this game or any part of this game or portions thereof, and take technical and legal steps to prevent users from accessing this game.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THIS GAME IS PROVIDED TO YOU ON AN “AS IS”AND “AS AVAILABLE” BASIS. GAME DEVELOPER DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

IN PARTICULAR, GAME DEVELOPER MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THIS GAME OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THIS GAME. GAME DEVELOPER WILL HAVE NO LIABILITY FOR ANY: (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (ii) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THIS GAME; (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (iv) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THIS GAME; (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THIS GAME BY ANY THIRD PARTY; OR (vi) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THIS GAME,

HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GAME DEVELOPER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, REVENUE OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF GAME DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS TERMS OF SERVICE AND AGREEMENT.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF GAME DEVELOPER SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL GAME DEVELOPER TOTAL AGGREGATE OR CUMULATIVE LIABILITY, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, TO YOU OR ANY THIRD PARTY UNDER THIS TERMS OF SERVICE AND AGREEMENT, ARISING OUT OF OR IN CONNECTION WITH THIS TERMS OF SERVICE AND AGREEMENT OR THE SERVICES WILL BE LIMITED TO AND WILL NOT EXCEED THE HIGHER OF: (I) THE ACTUAL PRICE (IF ANY) YOU PAID FOR THE USE OF THE LICENSE; OR (II) ONE HUNDRED DOLLARS (US$ 100). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GAME DEVELOPER AND YOU OR ANY THIRD PARTY UNDER THIS TERMS OF SERVICE AND AGREEMENT .

SOME JURISDICTIONS DO NOT ALLOW THE CERTAIN LIMITATIONS OF LIABILITY AS STATED ABOVE, SO THE ABOVE TERMS MAY NOT APPLY TO YOU. INSTEAD, IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS OF LIABILITY FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTIONS.

THEREFORE, Game Developer does not make, and hereby disclaims, any and all express, implied or statutory warranties, including WITHOUT LIMITATION implied warranties of condition, uninterrupted use, accuracy of data (including but not limited to location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third party rights, and warranties (if any) arising from a course of dealing, usage, or trade practice. Game Developer does not: (A) warrant against interference with your enjoyment of this game; (B) that this game will meet your requirements; (C) that operation of this game will be uninterrupted or error-free, or (D) that this game will interoperate or be compatible with any other services or that any errors in this game will be corrected. No oral or written advice provided by Game Developer create a warranty.

In case any jurisdiction does not allow the exclusion of any warranty in the manner set out above, such terms may not be applied to you. In such cases, the above exclusions of warranty shall be applied to the maximum extent permitted by the applicable laws of such jurisdiction.

We can terminate this Terms of Service and Agreement if you breach any of the terms. You can terminate this Agreement at any time by uninstalling this game. If this Agreement is terminated for any reason, you will no longer have any of the rights to this game set forth in this Terms of Service and Agreement.

You agree to indemnify, defend and hold Game Developer harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of this game, or any breach by you of this Terms of Service and Agreement.

You understand that this game may be linked to third party websites or services. Game Developer makes nor promises in respect of such products or services provided by such third parties and you agree that Game Developer does not endorse the same. In case you provide data to such third parties, you fully understand that you are providing it subject to such third party´s privacy policy (if any), and that in such case Game Developer´s Privacy Notice does not apply in relation to such data.

Game Developer may amend or update this Terms of Service and this Agreement from time to time. Whenever Game Developer makes any update or amendment to this Terms of Service and to this Agreement, appropriate measures will be taken by Game Developer to inform you via this game or otherwise.

In case you continue to access or use this game after updates or amendments become effective, you agree to be bound by the updated or amended Agreement.

If any part of Terms of Service or Agreement is found to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of Terms of Service and Agreement shall continue in effect, to the maximum possible extend permitted by law.

Any failure by Game Developer to enforce or exercise any provision of Terms of Service and Agreement or related rights shall not constitute a waiver of that right or provision.

Game Developer may assign Terms of Service and/or Agreement, in whole or in part, at any time. Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under Terms of Service and/or Agreement or the Privacy Policy without Game Developer's express prior written consent.

This Terms of Service and Agreement represents the complete agreement between you and Game Developer concerning this game and supersedes all prior agreements and representations, warranties or understandings between you and Game Developer (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter.

This Terms of Service and Agreement shall be construed under US laws and you consent to the exclusive jurisdiction of the courts in VA,USA.

If the jurisdiction of your domicile prohibits Game Developer from enforcing this choice of law provision, your rights based on the laws of your domicile will not be disregarded by this provision.

If you have any questions or concerns regarding this Terms of Service and Agreement, you may contact Game Developer:

email: higuysoffice.gmail.com

Postal address: USA, 4209, Ridge Top Rd, Fairfax, VA, 220030-1119, apt. 354.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE AND AGREEMENT AND AGREE THAT YOUR USE OF THIS GAME IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE FULLY BOUND BY TERMS OF SERVICE AND THIS AGREEMENT.

Arbitration Agreement and Waiver of Certain Rights

YOU AND GAME DEVELOPER AGREE THAT WE WILL RESOLVE ANY DISPUTE BETWEEN US THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF THROUGH COURT PROCEEDINGS, EXCEPT DISPUTES RELATING TO OWNERSHIP OR ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS OR SMALL CLAIMS. YOU AND GAME DEVELOPER HEREBY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY CLAIM (DEFINED BELOW). ALL CONTROVERSIES, CLAIMS, COUNTERCLAIMS, OR OTHER DISPUTES BETWEEN YOU AND GAME DEVELOPER ARISING OUT OF OR RELATING TO THIS TERMS OF SERVICE AND THIS AGREEMENT, GAME DEVELOPER’S PRIVACY POLICY, THIS GAME (EACH A “CLAIM”) SHALL BE SUBMITTED FOR BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA RULES”). THE ARBITRATION WILL BE HEARD AND DETERMINED BY A SINGLE ARBITRATOR. THE ARBITRATOR’S DECISION IN ANY SUCH ARBITRATION WILL BE FINAL AND BINDING UPON THE PARTIES AND MAY BE ENFORCED IN ANY COURT OF COMPETENT JURISDICTION. THE PARTIES AGREE THAT THE ARBITRATION WILL BE KEPT CONFIDENTIAL AND THAT THE EXISTENCE OF THE PROCEEDING AND ANY ELEMENT OF IT (INCLUDING, WITHOUT LIMITATION, ANY PLEADINGS, BRIEFS OR OTHER DOCUMENTS SUBMITTED OR EXCHANGED AND ANY TESTIMONY OR OTHER ORAL SUBMISSIONS AND AWARDS) WILL NOT BE DISCLOSED BEYOND THE ARBITRATION PROCEEDINGS, EXCEPT AS MAY LAWFULLY BE REQUIRED IN JUDICIAL PROCEEDINGS RELATING TO THE ARBITRATION OR BY APPLICABLE DISCLOSURE RULES AND REGULATIONS OF SECURITIES REGULATORY AUTHORITIES OR OTHER GOVERNMENTAL AGENCIES.

The U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

If you demonstrate that the costs of an arbitrator would arbitration will be prohibitive as compared to the costs of litigation, Game Developer may, at its option: (1) advance will pay as much of the administrative costs and arbitrator’s fees (including administrative costs) required for the arbitration to proceed and as the arbitrator deems necessary to prevent such fees the cost of the arbitration from being prohibitive; or (2) notify you that it elects to forego arbitration and to have the dispute resolved in court. Otherwise, the costs and fees of arbitration shall be allocated in accordance with the arbitrator’s rules, including rules regarding frivolous or improper claims. In the final award, the arbitrator may apportion or reapportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

To help get you and us to a resolution and to control costs for you and us regarding any Claim, you and we agree to first attempt to informally discuss and try to negotiate a resolution for at least 30 days from when notice of any dispute is sent. Those informal negotiations will commence upon written notice from you to us or us to you. We will send our notice to your email address and any billing address that you provided to us. You will send your notice to Game Developer. After 30 days, absent resolution, you or we may commence arbitration.

This arbitration agreement does not preclude you or Game Developer from seeking action by federal, state, or local government agencies. You and Game Developer also have the right to bring qualifying claims in small claims court. In addition, you and Game Developer retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with this Terms of Service and Agreement, nor a waiver of the right to have disputes submitted to arbitration as provided in this Terms of Service and Agreement.

Neither you nor Game Developer may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Game Developer’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of this this Terms of Service and Agreement will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms of Service and Agreement. This Section of this this Terms of Service and Agreement will survive the termination of your relationship with Game Developer.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR GAME DEVELOPER WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.