Terms and Conditions
DATE LAST MODIFIED: 25 November 2024
A.General
a.You hereby affirm and understand that your capacity to engage in competitions and utilize the services provided by third-party developers does not render NunoTech LLC as the official provider of said competitions or services.
b.Provided that you agree to and continuously adhere to these Terms and Conditions, we hereby confer upon you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, and limited license. This license permits you to access and utilize the Platform and the Content through a supported web browser or mobile device, strictly for the purpose of your personal, private entertainment and for no other motives. It is designed to offer you a personalized and restricted means of engaging with our gaming services. Importantly, it expressly prohibits you from using the Platform or Content for any commercial or public undertakings. You are also precluded from sublicense, transferring, or distributing this license to any other individual or entity.
c.In addition, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to make use of the avatars available on the Platform. Avatars are an essential and integral component of the gaming experience, and this license empowers you to customize and personalize your in-game persona. However, it must be emphasized that you are strictly prohibited from using the avatars in any manner that contravenes these Terms or any applicable laws.
d.We explicitly reserve the right to amend, alter, modify, or revise the Terms at our sole discretion and at any given time. We are cognizant of the fact that the gaming industry is dynamic and subject to change, as are legal requirements. Consequently, we require the flexibility to adapt our Terms in order to remain compliant and relevant. In the event of any material changes, we will post a conspicuous notice on our website (referred to as the “Website”). You can ascertain the date of the last revision of these Terms by referring to the “Updated” legend provided above. Your continued participation in competitions and/or utilization of the Software or Services shall be construed as an implicit acceptance of any new or modified Terms. It is your personal responsibility to regularly review the Terms for any alterations. We strongly encourage you to stay informed about any updates to ensure that you are always fully aware of your rights and obligations.
e.You are strictly prohibited from modifying these Terms in any way, except through a written agreement signed by both you and us. For the purposes of these Terms, it is important to note that “writing” does not encompass an email or an electronic/facsimile signature. This stringent requirement is in place to guarantee that any modifications are effected through a formal and mutually agreed-upon process. It serves to uphold the integrity and clarity of the Terms and acts as a safeguard against any unauthorized or inadvertent alterations.
f.In order to be eligible to register an Account, participate in any Competition, receive Services, and/or download Software, you must fulfill the following criteria:
· You must be a natural person who has attained the age of 18 years or older, and you must be the individual personally associated with the email address submitted during the Account registration process. This age restriction is instituted to ensure compliance with legal mandates and to ascertain that our users possess the requisite maturity and understanding to abide by these Terms.
· You must have the legal competence and capacity to enter into a binding contract with us. This implies that you must be legally capable of obligating yourself to the Terms and Conditions. In the event that you are under any form of legal incapacity, such as being a minor in your jurisdiction (unless you meet the age requirement as stated above) or having been declared incompetent, you may not be eligible to utilize our services.
· You must be physically situated in a jurisdiction where participation in the Competition you select is both permitted and unrestricted by the laws of that particular state or country. It is important to note that different regions may have diverse laws and regulations governing online gaming and competitions. As such, it is your sole responsibility to ensure that you are in full compliance with the laws applicable to your location. You are required to abide by these Terms at all times. This encompasses adhering to all the rules and regulations stipulated herein, as well as any supplementary rules that may be applicable to specific competitions or services. Failure to comply with these Terms may result in the suspension or termination of your Account. If any one of these requirements is not met at any given time, we, acting on behalf of our developer partners, reserve the right to suspend or close your Account with or without prior notice. We also reserve the right to take immediate and decisive action if we have reason to believe that you are in violation of these requirements. This is done with the express intention of safeguarding the integrity of our services and protecting the interests of other users.
g.At all times abide by these Terms. This includes following all the rules and regulations set forth in these Terms, as well as any additional rules that may apply to specific competitions or services. Failure to comply with these Terms may result in the suspension or termination of your Account. If any one of these requirements is not met at any time, we, on behalf of our developer partners, may suspend or close your Account with or without notice. We reserve the right to take immediate action if we believe that you are in violation of these requirements, in order to protect the integrity of our services and the interests of other users.
B.Eligibility
a.You are over 18 years of age or such higher minimum legal age of majority as stipulated in the jurisdiction of your residence and are, under the laws applicable to you, legally allowed to participate in the Games offered on the Platform. It is your responsibility to be aware of and comply with the laws of your jurisdiction regarding gaming participation. If you are unsure about the legality of your participation, we encourage you to seek legal advice.
b.You acknowledge that various rules, regulations, and laws addressing sweepstakes, contests, and tournaments with entry fees and/or prizes govern your participation in Competitions (“Gaming Laws”), and that Gaming Laws are set up by each individual US state, country, territory, or jurisdiction. Therefore, the Software DOES NOT permit Cash Competitions to be offered to users participating in Competitions in any state in which such Competition violates its Gaming Laws (“Prohibited Jurisdiction”), and if you are located in any Prohibited Jurisdiction then you may not participate in Cash Competitions. In the United States, Prohibited Jurisdictions, as of the “Updated” date above, include: Delaware; Louisiana; Maryland; Montana; Tennessee; Indiana; Maine; Texas. It is your responsibility to determine whether the state, country, territory or jurisdiction in which you are located is a Prohibited Jurisdiction. We provide this information as a guide, but you should independently verify your eligibility. Together with our developer partners, we reserve the right to monitor the location from which you access Services, and on behalf of our developer partners, we may block access from any Prohibited Jurisdiction. Each time you log in to participate in a Cash Competition, you must accurately confirm the location from which you are playing. This is to ensure compliance with the relevant laws and to prevent any illegal participation.
c.You participate in the Games strictly in your personal capacity for recreational and entertainment purposes only. You may not use the Games for any business, professional, or illegal activities. Your participation should be for your own enjoyment and not for any other ulterior motives.
d.You participate in the Games on your own behalf and not on the behalf of any other person. You are responsible for all your actions and decisions within the game, and you may not impersonate or act on behalf of another user.
e.All information that you provide to us during the term of validity of these Terms and Conditions is true, complete, and correct, and you will immediately notify us of any change to such information. This includes your personal details, contact information, and any other information required for your account or participation. Providing false or inaccurate information may lead to the suspension or termination of your account.
f.You will not be involved in any fraudulent, collusive, fixing, or other unlawful activity in relation to your or third parties’ participation in any of the Games, and you will not use any software-assisted methods or techniques (including but not limited to bots designed to play automatically) or hardware devices for your participation in any of the Games. We reserve the right to invalidate any participation in the event of such behaviour. Fraudulent activities include cheating, hacking, or any attempt to gain an unfair advantage in the game. Collusive or fixing activities involve collaborating with other players to manipulate the outcome of the game. Using unauthorized software or hardware devices can disrupt the fairness and integrity of the game for other players.
g.You will not sell or trade for value, or seek to sell or trade for value, or accept as a sale or trade for value, any Merchandise provided to you by us. Our Merchandise is intended for your personal use and enjoyment within the context of the game, and any attempt to trade or sell it is prohibited.
C.Account
a.You are allowed to have only one Customer Account, including any Inactive Account on the Platform. If you attempt to open more than one Customer Account, all accounts you have opened or try to open may be suspended or closed. This policy is in place to prevent abuse of the system and to ensure the integrity of our user accounts.
b.You must notify us immediately if you notice that you have more than one registered Customer Account, whether active or not on any one Platform. DO NOT CREATE A NEW CUSTOMER ACCOUNT IF YOU WISH TO CHANGE YOUR EMAIL, ADDRESS OR SURNAME. Instead, you should contact our customer support to update your account information.
c.It is your sole and exclusive responsibility to ensure that your Customer Account login details and any Payment Mediums are kept secure and are only accessible by you. You should choose a strong password and keep it confidential. You accept full responsibility for any unauthorized use of your Customer Account and any activity linked to your Customer Account, including by a minor (which in all events is prohibited). If you suspect any unauthorized access to your account, you must take immediate action to secure it and notify us.
d.You must not share your Customer Account or password with another person, let anyone else access or use your Customer Account, or do any other thing that may jeopardize the security of your Customer Account. Sharing your account can lead to security breaches and may result in the suspension or termination of your account.
e.If you become aware of, or reasonably suspect that security in your Customer Account has been compromised, including loss, theft, or unauthorized disclosure of your password and Customer Account details, you must notify us immediately. We will take appropriate measures to investigate and secure your account.
f.You are solely responsible for maintaining the confidentiality of your password and you will be held responsible for all uses of your Customer Account. You should not write down your password or share it with anyone. If you forget your password, you should use the password reset process provided by us.
g.You are solely responsible for anything that happens through your Customer Account, whether or not you undertook those actions. You acknowledge that your Customer Account may be terminated if someone else uses it and engages in any activity that breaches these Terms and Conditions or is otherwise illegal. It is important to protect your account to prevent unauthorized access and misuse.
h.We are not responsible for any abuse or misuse of your Customer Account by third parties due to your disclosure of your login details to any third party, whether such disclosure is intentional or accidental, active or passive. You should be cautious when sharing any information related to your account.
i.We reserve the right to close your Customer Account if it is deemed to be an Inactive Account. An inactive account may pose a security risk and may also take up unnecessary resources. We will follow our internal policies and procedures to determine when an account is considered inactive.
j.If no transaction has been recorded on your Customer Account for 30 consecutive months, we will remit the balance of the redeemed value of the Prizes in your Customer Account to you or as otherwise may be required under applicable law. This is to ensure that any unused funds or prizes are properly accounted for and returned to you if applicable.
D.PAYMENTS
a.The fees applicable to the services you engage in for participating in competitions (“Fees”), along with the associated billing procedures, are comprehensively detailed within the billing application. In the event that Fees are levied on your Account, you are agreeing to remit payment for those Fees. All Fees are denominated in U.S. Dollars and must be prepaid. It is important to note that these Fees are non-refundable. You bear full responsibility and liability for all charges, deposits, and withdrawals made within your Account, including any unauthorized transactions. The pricing of our services is subject to change at any time. However, it should be emphasized that any such price adjustments will not impact your past purchases. It is highly recommended that you meticulously review the billing application prior to making any payments, ensuring a clear understanding of the fees and payment terms.
b.As the agent representing our developer partners, we reserve the right to modify Fees and billing procedures. This may be accomplished by updating the billing application, with or without providing prior notice to you. When you furnish a payment method, you are thereby:
· Representing that you possess the authorization to utilize the provided payment method and that all payment information you supply is accurate and truthful.
· Granting us, in our capacity as agent for our developer partners, the authority to charge you for the services using your selected payment method.
· Authorizing us to levy charges for any paid features of the services that you opt to subscribe to. As the agent for our developer partners, we may invoice you in one of the following manners, at our sole discretion: (a) in advance of the service provision; (b) contemporaneously with the purchase; or (c) shortly after the purchase. In the event that an error is detected on your bill, you are required to notify us within 120 days of its initial appearance. This will prompt an immediate investigation into the charge. After the expiration of 120 days from the initial discovery of the error, neither we nor our developer partners will be held liable for any losses resulting from the error. Additionally, we will not be obligated to correct the error or issue a refund. In the event that we or our developer partners identify a billing error, it will be rectified within 90 days. You are responsible for covering all reasonable costs incurred by us, as the agent for our developer partners, in the collection of any past due amounts. This includes, but is not limited to, reasonable attorneys’ fees and other legal expenses.
c.If you engage in games integrated within a Competition without depositing U.S. Dollars into your Account for that specific Competition, you will be classified as a “Non-Cash Player” for that particular Competition. Conversely, if you participate in a Competition that mandates an entry fee paid in U.S. Dollars (“Cash Competition”), you will be considered a “Cash Player.” In the event that you establish a positive Account balance for entry fees in Cash Competitions, you are required to submit and consistently maintain the following current and accurate information: your full legal name, your permanent residential address, your contact phone number, and your credit card or alternative payment details. Participation in Cash Competitions may necessitate the establishment of a positive Account balance in an amount determined by us or our developer partners. As a Cash Player, by providing this information, you are consenting to allow us and our developer partners to share your personal and payment information confidentially with third-party service providers. This is done for the purposes of verifying your identity and evaluating the transaction risk associated with the selected payment method. Additionally, this information may be used for any other purposes as outlined in our Privacy Policy.
d.If you are a Cash Player, you may be eligible to receive bonus funds and/or credits (“Bonus Funds”). These Bonus Funds can be utilized for entering Cash Competitions. However, it is important to note that Bonus Funds cannot be withdrawn or applied for any other services. When you enter a Cash Competition, for every US$0.10 (ten U.S. cents) expended on the entry fee, US$0.01 (one U.S. cent) of Bonus Funds will be utilized. Notwithstanding the aforementioned, if Bonus Funds are the sole currency available in your account, additional Bonus Funds will be employed to enter Cash Competitions. In the event that you emerge victorious in a Cash Competition, any Bonus Funds that were used to pay the entry fee will be reimbursed to you. Any additional winnings beyond the entry fee will be disbursed in U.S. Dollars. If you initiate a withdrawal of funds from your Account, you will forfeit all Bonus Funds currently held in your Account. If you do not participate in a Cash Competition within a continuous 60-day period, all Bonus Funds in your account will be forfeited.
e.As a Cash Player, you have the option to request a withdrawal of funds from your available Account balance at any time. It should be noted that Digital Assets and Bonus Funds are not eligible for withdrawal. The processing of requested funds may be conducted via check or by refunding to the original payment method used for the deposit. This process may take up to ninety (90) days. However, it is important to note that we, as the agent for our developer partners, reserve the right to freeze your Account and/or delay a withdrawal request pending the completion of any investigations into reported or suspected abuse, verification of eligibility, or to ensure compliance with Applicable Laws. A processing fee for check requests may be applicable for any withdrawal.
f.Unless otherwise mandated by law, refunds are not provided. This policy is in alignment with the nature of our services and the associated costs incurred in providing them. It is crucial that you fully comprehend the terms and conditions prior to making any payments.
g.If you are eligible to receive winnings, in our role as the agent for our developer partners, we may require you to furnish proof that you were eligible to participate in accordance with these Terms at the time of your participation in the relevant Competition and that your participation was in full compliance with these Terms. Failure to provide such proof to our or our developer partners’ reasonable satisfaction will result in the forfeiture of the relevant winnings. In the event that you receive a payment in error, we, as the agent for our developer partners, reserve the right to reverse or demand the return of the payment. You agree to cooperate fully with our efforts in this regard. Additionally, we may reduce your payment without prior notice to rectify any previous overpayments.
h.When you utilize a credit card to pay for any charges, you are representing to us that you are the authorized user of the credit card. You are required to promptly notify us of any changes to your credit card account number, its expiration date, and/or your billing address. In the event that your credit card expires or is canceled for any reason, it is your responsibility to inform us. We are not liable for any losses incurred as a result of unauthorized use of your credit card or other payment methods by a third party (such as PayPal) in connection with our services. Any attempt to defraud through the use of credit cards or other payment methods, regardless of the outcome, or any failure on your part to honor legitimate charges or payment requests, will result in the immediate termination of your Account, forfeiture of any winnings, and potential pursuit of civil litigation and/or criminal prosecution.
E.Intellectual Property
a.The Digital Millennium Copyright Act (DMCA) provides copyright owners who believe that their rights under the United States copyright law have been infringed by acts of third parties over the Internet with ways to protect their rights. If you believe that your copyrighted work has been copied without your authorization and is available in the Services in a way that may constitute copyright infringement, you can provide notice of your claim to the designated agent listed below. For your notice to be effective, it must include the following information:
· A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed;
· A description of the copyrighted work that you claim has been infringed upon;
· A description of where the material that you claim is infringing is located in this game; Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party can be contacted;
· A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
· A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
b.Your Content. Subject to these Terms, you grant to us a worldwide, perpetual, unrestricted, royalty-free license to use, copy, modify, distribute, publish, perform, transmit and display any and all communications, materials, content and information that you submit to us or our developer partners, whether directly or through the Website, Services or Software (“Content”), and waive any moral rights you may have in Content. Subject to these Terms, any communication or material you transmit to us, including any data, questions, comments, suggestions or the like, will be treated by us and our developer partners as non-confidential and non-proprietary. Subject to these Terms, we and our developer partners may use Content for any purpose, without any compensation, accounting or other liability or obligation to you. If you use or share Content in a way that infringes others’ copyrights, trademarks, other intellectual property rights or privacy rights, you are breaching these Terms. You represent and warrant to us and our developer partners that for the duration of these Terms you have (and will have) all the rights necessary for the Content you upload or share on the services and that the use of the Content, as contemplated in this Section will not violate any Applicable Laws. If your Account is cancelled or terminated, we and our developer partners may permanently delete your Content from our servers and we have no obligation to return Content to you.
c.Digital Assets. Some Services and Software may allow you to create digital objects, such as avatars. Such digital objects, in addition to any digital or virtual objects or assets we assign to your Account, such as “Z”, virtual trophies or virtual goods, are collectively referred to as “Digital Assets”. You acknowledge that because all Digital Assets are created through the Software and/or Services, we solely and exclusively own all Digital Assets. To the extent we do not automatically own any Digital Asset, you hereby irrevocably, expressly and automatically assign to us, in perpetuity, all right, title and interest in and to any such Digital Assets, including, without limitation, all copyrights, patent rights, trade secrets, trademarks, moral rights and all other applicable proprietary and intellectual property rights throughout the world. If you have any rights to Digital Assets that cannot (as a matter of law) be assigned to us in accordance with the foregoing, you unconditionally and irrevocably: (i) waive the enforcement of such rights against us; and (ii) grant to us an exclusive, irrevocable, perpetual, worldwide, royalty-free license (a) to reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally perform and otherwise use and exploit such Digital Assets, (b) to use, make, have made, sell, offer to sell, import and otherwise exploit any product or service based on, embodying, incorporating or derived from Digital Assets, and (c) to exercise any and all other present or future rights not yet known in Digital Assets. Subject to these Terms, we grant you a limited license to use Digital Assets through your own Account solely for purposes and in furtherance of your use of Services.
d.Ownership. All content of the Website, all products and services, all logos, symbols, expansion names and symbols, play level symbols, trade dress or “look and feel”, all Digital Assets and those portions of the Software and Services which are property of us as well as all derivative works or modifications of any of the foregoing, and all related and underlying intellectual property (including without limitation patents, trademarks, trade secrets and copyrights), are our sole and exclusive property. We reserve all rights not expressly granted herein. Except as expressly set forth herein, no right or license is granted hereunder, express or implied or by way of estoppel, to any intellectual property rights and your use of Services and/or Software does not convey or imply the right to use the Services or Software in combination with any other information or products.
F.Indemnity and Limitation of Liability
a.To the maximum extent permitted by applicable law, we and our subsidiaries, affiliates, officers, employees, agents, partners and licensors are not liable for any direct, indirect, incidental, special, consequential or punitive damages, including but not limited to personal injury or property damage, loss of data, loss of use, loss of anticipated savings, accumulated but wasted expenses, costs of purchasing substitute goods or services, loss of good faith, or other intangible loss, lead to:.
· Your access or use or inability to access or use the Service.
· Any conduct or content of any third party on the Service, including but not limited to any content provided by any advertiser, affiliate ad network, rewards program operator or payment provider we may work with or any other user of the Service, product or service.
· Any content and/or information obtained from the Services, or reliance on the Services or any part thereof.
· Unauthorized access or use or alteration of any material or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not we knew or should have known of the possibility of such damages.
b.In some jurisdictions, applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. The foregoing limitations of liability shall be to the maximum extent permitted by the laws of the applicable jurisdiction. Nothing in these terms cancels or supersedes your rights as a consumer based on mandatory provisions of law. To the maximum extent permitted by applicable law, our aggregate liability and/or the liability of our affiliates is limited to the total amount..
c.In no event shall we be liable for any virus, bug, human action or omission of any computer system, telephone line, hardware, software or program failure, or any other error, malfunction, or computer transmission or network, connection responsible for any delays or damages arising from your access to or use of the Services. We cannot and do not guarantee continuous, uninterrupted or secure access to the Services.
d.In no event shall we be liable to you for any damages, claims, liabilities or expenses incurred or suffered by you in connection with any content, products or services provided by any third parties with whom we work.
e.You waive and release us and our subsidiaries, affiliates, partners, officers, directors, employees and agents from liability for the acts or omissions of any third parties arising out of or in connection with your use of the Services.
f.You agree to indemnify and hold us harmless from and against any claim or demand (including attorneys' fees) made by any third party arising out of your use of or access to the Services, your violation of these Terms, or your violation of any law or the rights of a third party. damage. Nothing in these Terms shall be deemed to exclude or limit your liability for any compensation under these Terms.
G.Responsibility
a.You are responsible for complying with all laws that apply to your User Content. You agree not to submit to the Service or send to other users of the Service any defamatory, inaccurate, abusive, obscene, profane, offensive, threatening, harassing, racially discriminatory , illegal material or any material that infringes or violates the rights of another party.
b.You will not provide us or any other user of the Service with inaccurate, misleading or false information. If information provided to us or to other users of the Services later becomes inaccurate, misleading, or false, you will promptly notify us of such changes.
c.We may, in our sole discretion, remove any User Content without notice, but are under no obligation to do so. We are not responsible for the conduct of any user on the Service, including any User Content submitted on the Service. We are not responsible for monitoring inappropriate content or conduct on the Services. Your use of the service is at your own risk.
d.You hereby grant us a sole, irrevocable, sublicensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, assign, transmit , publicly display and use any User Content, and incorporate it into other works in any form, media or technology now known or later developed.
e.You hereby further grant us the unconditional right to use and exploit your name, likeness and any other information or material contained in any User Content in connection with any User Content or your User Account without liability to you. any obligation. You waive any attribution and/or any moral rights you may have in your User Content, whether or not your User Content is altered or altered in any way, except where prohibited by law.
f.You acknowledge and agree that all User Content, whether publicly posted or privately transmitted to the Services, is at your own responsibility and risk. We are not responsible for the backup and/or retention of any User Content transmitted to the Service.
g.Prohibited Content; Prohibited User Content on the Service includes, but is not limited to
· User Content that promotes racism, bigotry, hatred, or any form of physical harm against any group or individual.
· Harassing User Content.
· Sexual or Offensive User Content.
· User Content that promotes terrorism or religious hatred.
· User Content that promotes illegal activity or conduct that is abusive, threatening, obscene, or defamatory.
· User Content of a commercial nature that is not authorized by us; or
· Content that promotes the services of other businesses or competitors.
H.Miscellaneous
1)Entire Agreement. These Terms and Conditions constitute the entire agreement between you and us with respect to your Participation and, save in the case of fraud, supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to your Participation.
2)Intellectual Property. Your use of the Game will not convey to you ownership of any intellectual property rights. Game titles, source and object code, game client and server software, game "look and feel", sounds, musical compositions, audiovisual effects, concepts and methods of operation, layouts, text, data, user accounts, themes, objects , people and their portraits, their names, and their biographical information. Stories, dialogues, catchphrases, locations, artwork, animation files, images, graphics, files, game histories and game records, records of any chat rooms and moral rights, whether registered or not, and all applications related to the above shall be vested in us or any third party provider of the game.
3)Taxes. You are solely responsible for any taxes which apply to any Prizes that you collect from your Participation.
4)Force Majeure. We will not be responsible or liable for any failure or delay in performance of any of our obligations under these Terms as a result of events beyond our reasonable control.
5)Severability. If, for any reason, any provision of these Terms, or any part thereof, is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that part of the provisions will be deemed severable and will not affect the validity and Enforceability, these Terms will continue in full force and effect.
6)Assignment. These Terms are personal to you and may not be assigned, transferred or sublicensed by you except with our prior written consent. We reserve the right to assign, transfer or delegate any of our rights and obligations to any third party without notice to you.
7)Entire Agreement. These Terms incorporate the entire understanding between you and us and supersede all prior understandings between you and us on this subject.
8)Business Transfers. In the event of a change of control, merger, acquisition, or sale of our assets, your user account and related data may become part of the assets transferred to the purchaser or acquirer.
9)Waiver. No claim by us for a breach or breach of these Terms, or failure to exercise any right under these Terms, shall constitute or be deemed a waiver or forfeiture of such rights, or a waiver or forfeiture of such rights in the future.