The Terms and Conditions of Service and the End User License Agreement are agreements between you and Play Toony. This controls your access to and use of the websites, games, and other interactive software products and services that we run and that link to these Terms (collectively, our "Services").
Before using the facilities, please carefully study these terms and conditions. We can change the Terms or change, suspend, or end any part of the Services at any time, as long as we do so in accordance with the law. If we change these terms, we'll notify you (for example, by posting the new terms on the Services).
Please be aware that Section X contains a mandatory arbitration clause as well as a class action waiver, both of which may affect your rights in the event of a dispute with us.
Your permission is needed to sign these terms electronically and store relevant records digitally.

1. Utilization of services

Restricted License. You can connect to and use the services running on the operating systems on which the services are intended to function for your personal, non-commercial, entertainment use only, according to these Terms. A limited, revocable, non-transferable, non-exclusive license to use the services is given to you. They are not sold to you. You can't change, edit, or copy the services or any part of them (except for a separate reserve copy and a temporary copy needed to run the services), send, upload, run, copy, publish, make derivative works from, sell, rent, lease, sublicense, or make available in any other way. Without restricting the validity of the above, you accept that you have no right to sell or otherwise transfer, in whole or in part, any of the digital objects, digital assets, currencies, points, or any other material or information from the Services on internet auction sites (such as eBay or IGE), hacker sites, private server sites, gold farming sites, or any other third-party sites or services in exchange for anything of value, be it real money or anything else. Other than what is expressly given to you according to these Terms, you have no access to or use of the services. If you don't follow any of the rules, your license will be taken away right away.

Additional Terms:

Additional terms, conditions, regulations, or instructions for acceptable use ("Additional Terms") are subject to and regulated by some of the services. We will give you access to these additional terms through the relevant service. Before you can use the relevant service, you must agree to these additional terms. If there are any conventions of this agreement that conflict with any of the terms and conditions of the Additional Terms, this agreement shall be superseded by the Additional Terms with respect to the topic mentioned in the Additional Terms.

Qualification:

You reflect that, under applicable law, you are not a person excluded from accessing the services. You also represent that you are of the appropriate age in your country or that you are using the Services with the permission and supervision of a parent or legal guardian who has checked and approved these Conditions in accordance with applicable law. Children (as specified by applicable law) may not provide any personal information or register an account with Play Toony or other similar services.

Account Registration:

For some of our services, you need to sign up for an account with us. You may not be able to access any portions or functions of the Services if you are not signed into your account. You can only provide correct and complete information when creating an account, and you will promptly update this information. You will remain anonymous and safe with your username and password and will not use the same password you use with other websites or services. Before transferring the services to any other devices that you will install them on, you may uninstall and delete the services from the previous one. You will tell us right away if you find or think that someone else has used or accessed your account without your permission.

Advantages of Play Toony:

We do not accept or acknowledge the exchange of accounts between users. You may not purchase, sell, refer, or exchange any account and may not propose to do so. Any such effort shall be insignificant and void, and may directly result in the account's cancellation and penalization.

Software Updates:

Play Toony will provide you with updates, which are usually made available at its absolute discretion. You accept and agree that Play Toony can automatically and remotely deliver updates to you, including (without limitation) by accessing the mobile device or PC on which you are using the Services. Any notifications issued or made available by Play Toony shall be incorporated into and subject to these Terms and Conditions.

Controls for Export:

When using the program, you can abide by all relevant export laws and regulations. The Services, or any component thereof, cannot be downloaded or otherwise exported or re-exported (a) to any country in which a trade embargo is placed on the United States or (b) to anyone on the United States list of Specially Designated Citizens or the U.S. Treasury Department Table of Denial Orders or liable to EU or EU Member State financial or other sanctions. You reflect and guarantee that you are not on any such registry, residing in, or under the jurisdiction of, any such country.
Transfers occur through cross-border channels. By agreeing to these Terms and Conditions, you agree fully that the enforcement of these Terms and the distribution of the Services entail the transfer of the information we obtain from your country to other countries, which may not offer the same degree of security as your country of origin or the European Union/European Economic Area.

2. Contents that users have shared

You are and will remain entirely liable for all messages, photographs, videos, audio, content, or sections of the contents of databases, databases, contents, and any other materials or information that you publish or transfer through the Services, including, without exception, any text, voice communications, recordings, or gameplay videos (collectively, "User Content").
You reflect and guarantee that the content that you upload or transfer will not:


• Violation of a third party's copyright, trademark, database or other intellectual property rights. You reflect and guarantee that you possess or have the required licenses, privileges, consents and approvals for the uploading or transmission of User Content on the Services, and that the User Content does not infringe any privacy or marketing promotions of the terms or rights of any third party.
• Promoting illegal sweepstakes or tournaments and not promoting any form of lottery or gambling.
• Prevent or hinder the discovery of information relating to the Services by other users.
• Facilitate or encourage activity that includes illicit content, pornography, piracy, unlawful drugs, underage drinking, or socially careless conduct due to alcohol or substance use at Play Toony absolute discretion (such as drinking and driving).
• Teach users how to produce explosives, guns, narcotics, illicit or illegal or dangerous products, or how to participate in violent or illegal conduct or organizations under applicable laws, including, without limitation, terrorist threats or activities.

You accept and understand that Play Toony may (but not necessarily) manage, track, evaluate, and archive any User Content that you publish, distribute, or make available on or through the Services (that includes the content of your verbal or written communications) and may, without notifying you before and in its private ruling, delete User Content at any moment for any or no reason. You accept that any tracking or logging may be done using software that may be installed to access or use the services when you download software. Play Toony isn't responsible if User Content isn't deleted or if the process of deleting it is interrupted, unless it's required by law. It also has no responsibility or liability for how User Content is used or kept.

You therefore give Play Toony the privilege and authorization to use your User Content, which is free of royalties, everlasting, irreversible, completely manageable, capable of being sublicensed, not exclusive, universal, and to be used in any and all media for whichever manner and purpose (including, but not limited to, profitable, publicity, and advertising). To be used to the maximum degree allowable by relevant law, including and not limited to the privileges to replicate, alter, execute, showcase, distribute, publish, transfer, or otherwise communicate to the public, or the production or adaptation, use, or otherwise misuse of derivative works by any means, whether now known or unknown, and without any further notice or reimbursement of any sort to you. You waive, to the degree allowed by applicable law, any moral rights of paternity, publishing, credibility, or attribution with regard to the use and enjoyment of user material by Play Toony and other players in connection with the Services. The issuance of a license to Play Toony and the waiver of any relevant moral rights referred to above shall survive any termination or expiration of the Terms.

3. Knowledgeable Property and Rights of Violation

Services (including any modifications thereto) are protected by the United States, the European Union, and other countries' copyright and other intellectual property legislation. Our trademarks and/or service marks are Play Toony and our related logos and names. The trademarks, service marks, labels, and logos of their respective owners are other trademarks, service marks, labels, and logos used by or in connection with the services. Without our prior written permission, you are not given any right or license with respect to any of these trademarks, service marks, or logos. Play Toony holds and maintains all ownership, title, and equity in and to the facilities and all aspects thereof, including, without restriction, all intellectual property rights.

Any content made accessible by the services that has watermarks or is protected by other technology for the management of digital rights will limit how you can view and use the services. The Services can access and monitor your computer for third-party programs or software that is forbidden under these Terms ("Unauthorized Third-Party Software") (including, without limitation, hard drives and other storage equipment, central processing units, random access memory, video cards, and peripheral hardware, software, and applications). In the circumstance that any prohibited third-party software is found, Play Toony will collect additional information, including, without restriction, your user name, descriptions of the unauthorized third-party software, and the time and date, as defined in the Play Toony Privacy Policy, and may use this information to implement these Terms and Conditions in compliance with the Play Toony Privacy Policy.

Play Toony is always happy to hear from players and fans, and we welcome reviews and ideas about how to improve our services. Any thoughts, opinions, suggestions, comments, reviews, or other inputs (including, without restriction, those that provide feedback on or recommend new content, features, products, or related ideas on our Services) (collectively, "Feedback") will not be regarded as confidential or proprietary, regardless of whether you send such feedback in a public or private medium. This means that if you give Play Toony feedback, you forfeit all rights to it and allow it to be shared and used for any reason by us or others, including without limitation using, distributing, and commercially exploiting the feedback in any manner that we deem fit without warning or reimbursement to you. Play Toony does not respond to or often think about the reviews we get, and it is not their job to include any feedback about you.
We value others' rights to intellectual property. If you have reason to believe that your copyrighted work or other intellectual property has been infringed and is accessible through our services, you can notify our designated agent by submitting the following information in writing via the contact information provided below:

• Identification of the work or intellectual property that has been patented or of a sample collection of works or property alleged to have been infringed.
• Identification of the content suspected to be violating and fairly adequate knowledge to permit us to locate the material.
• Your identity, contact details and email address, so that we can contact you if necessary.
• An assertion that the material found in the document is correct and that the suing party is entitled, under penalty of perjury, to act on behalf of the holders of an exclusive right which is allegedly infringed.
• A determination that you have a good faith conviction that the owner of the intellectual property, its representative, or the statute is not allowed to use the content in the manner complained of.
• A tangible or electronic signature of a person allowed to act on behalf of the proprietor of an allegedly infringed exclusive right.

If the content is deleted, the person who uploaded it will be notified that it was deleted due to the suspected violation. We may give out your contact information, such as your email address and the name of your company or customer, as well as the results of your survey. If the group that posted the content feels that the material may not have been deleted, they may be allowed to contact you individually to attempt to fix the problem, and under existing legislation, they will be entitled to send a counter-notification. We revoke the rights of consumers that breach intellectual property laws repeatedly.

4. Digital currency and digital items

You can visit online and in-game stores when using the facilities, where you can obtain and use Xoss Games' virtual currency and downloadable, in-game objects (including early access to games still in production, as may be offered from time to time). In conjunction with the use of the facilities, Xoss Games can also make points available to you.
DIGITAL CONTENTS, LIKE VIRTUAL CONTENTS TRADED FOR PREPAID PAYMENT INSTRUMENTS, ARE CLASSIFIED AS GOODS OR SERVICES, NOT AS PREPAID PAYMENT INSTRUMENTS. There is no "real-world" value for virtual currencies and points, but in-game items can be exchanged. Things from those retailers are not bought by you but licensed to you under these conditions instead. Irrespective of the delivery specified or remuneration received in return for virtual money, you have no ownership rights in the virtual currency objects purchased.
Any rates, estimates, and specifications made or referred to in our services do not constitute a bid and can be removed or modified at any time prior to the express approval by Play Toony of your request. You consent to pay, to the degree allowed by applicable statute, all costs, fees, and applicable taxes paid by you or any other person using your account or arising from the use of the Services on your computer at the price(s) in place at the time of those charges. Play Toony can change the prices of their services at any time as long as they are in line with the law. Play Toony has the right to let you know about any mistakes in the description of the product or in the price before the product is sent out. If this occurs, and you wish to proceed with the order fulfillment, you agree that the goods or services will be delivered in accordance with the updated definition or price corrected above.
You will be able to access different payment types, such as credit card, direct debit, PayPal, etc., while accessing virtual currencies through the Services. When you use third-party payment and billing services, such as PayPal, the additional terms, conditions, and costs of the service apply. Any federal, state, and local taxes involved with the receipt or use of the interactive goods you buy from Play Toony are your responsibility to pay.
Depending on the type of sale, there may be minimums and maximums for how much you can buy or sell with virtual currencies. Play Toony has the right to change, at any time and without notice, the minimum and maximum amounts that can be spent when using virtual currencies, so that they are in line with the law.
YOU ACKNOWLEDGE AND ACCEPT THAT, EXCEPT AS SPECIFICALLY PERMITTED BY APPLICABLE LAW, Play Toony WILL NOT PROVIDE REFUNDS FOR VIRTUAL CURRENCIES OR DIGITAL, IN-GAME GOODS UNDER CERTAIN CONDITIONS, INCLUDING BUT NOT LIMITED TO THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT, THESE TERMS, OR THE FACILITIES.
If an account is banned for good, it will lose all content licenses and virtual currency balances. Xoss Games will not be responsible or liable to you and will not give you back any virtual money, points, products, or experiences you lost because you broke the rules.
Objects may expire. Any item you buy with virtual currency or points will be added to your account before the item, these terms, or the facilities expire. Rates and availability of items can change at any time and without notice, as required by law.
We may decide to close your account if a charge you give us permission to make to your credit card or SMS/phone billing cannot be processed, is returned to us unpaid, or is to refunded for any reason, and if that happens, you must automatically pay us for that charge using another credit card or another method of payment. We are not responsible or liable for any fees or fines that you may have to pay because of your credit card or bank. We reserve the right to limit the number of an item you can order or refuse to sell you an item at any time and without notice. Prior to our approval thereof, you can be asked to check the transaction records.
Regardless of the various Clauses, the laws of your country that apply to the purchase of virtual products and services from Play Toony may provide rights or remedies that are available in addition to, or to the extent that, the rights or remedies set out in these Terms are in conflict with, or instead of, those provided for under such laws.

5. Code of Behaviour

You should not use the services in any way that is unlawful, in Play Toony's absolute discretion, which may damage, disable, overwhelm, or impair the services, or interfere with the use and enjoyment of the services by Play Toony or any other individual. Without restricting the generality of the above, applicable law includes the following:

• Use any hacks, glitches, bots, or third-party software that either alter, temporarily or permanently, the code or user interface of the Services, whether locally on your computer or on servers, or use any program, software or technology that is not specifically allowed by us that allows hacking, power-levelling, or execution of game tasks that cannot be done without the use of succor.
• Reverse engineering, source code derivation, modification, decompilation, disassembly or otherwise determining or attempting to determine any source code, algorithms, processes or procedures used or implemented in the Services or any component thereof.
• Identifying another person or organization or otherwise misrepresenting your association, name, or sources of the materials you transmit, or misrepresenting Play Toony's acceptance of your statements or behavior.
• Usage of any robot, spider, web search/retrieval application, or other manual or automated system or mechanism to retrieve, catalog, mine, or otherwise replicate or bypass the Service's navigational structure or presentation, or any content found within.
• Drop, change or cover any proprietary notices, legends, icons or logos (including any watermark or other digital rights protection technologies or other information) found on or inside the Services by copyright, trademark, patent or other proprietary notice.
• Undertaking any activity on our network or infrastructure that imposes an unfair or overly high load.
• Sponsoring, distribution or production of matchmaking software for the Services without the prior written permission of Play Toony or the creation, use or management of any unauthorized links to the Services.
• Surveilling, emulating or redirecting the communication protocols used by Play Toony or its designated parties in any way, including without limitation by emulating protocols, tunneling, sniffing packets, modifying or adding software components, using a data mining utility program to intercept, capture, read or mine information generated by the Services or use in some manner a system now known or hereafter established that would allow unauthorized access or use of the Resources to be made accessible or otherwise made available.
• Utilizing macros, auto-looting, robot play, or any other actions that allows you to automatically run or execute any action in a game with or without your participation (or any character you are controlling).
• Creating or otherwise exceeding your permitted access to any component of the Services or any website, computer, or system by more than one account within twenty-four hours or more than five accounts within thirty days.
• Generating or otherwise exceeding your permitted access to any component of the Services or any website, computer, or system by more than one account within twenty-four hours or more than five accounts within thirty days.
• Participating in actions that in Play Toony's absolute discretion is harmful, harassing, defamatory, offensive, pornographic, hateful, threatening, aggressive, divisive, bullying, oppressive, aggressive or inciting abuse (including self-harm), stalking, sexually explicit, or otherwise intolerable, including without limitation plundering, murdering, making sexual remarks, or cursing.
• Selling, promoting, or uploading information for the Services on hackers, confidential servers (including their sources), or gold farming.
• Any in-game object created or replicated by manipulating a design error, undocumented problem, or software bug is created, used, or transacted.
• The publishing or sharing, in any manner whatsoever, of personal information of other users or of any content, without the authorisation to do so, of non-public business information.
• Taking part in any other activity that subjects us, any of our users, or any other third party, in Play Toony's sole opinion, to any responsibility, harm or detriment of any sort. Violations of the protection of the device or network or attempts to interrupt or impede the functionality of the services may result in civil or criminal liability. We may investigate and cooperate with law enforcement agencies to prosecute users who violate the terms and conditions.

UNLESS EXPRESSLY PERMITTED BY APPLICABLE LAW, WE MAY SUSPEND, CHANGE, OR CANCEL YOUR ACCESS TO THE SERVICES AT ANY TIME, FOR ANY OR NO REASON.
If your account is closed while you are in the middle of a tournament or competition, Play Toony won't be responsible if you lose any prizes or recognition from the tournament or competition.

6. Third-Party Amenities, Data and Connections

Through third-party services, the services can be made available to you and can connect to or provide third-party services or content (including, without limitation, user content posted in forums). We don't keep an eye on, support, sponsor, recommend, or otherwise take responsibility for these third-party resources or materials. Before you can use the services, these third parties may ask you to install more software, sign up for more accounts, agree to more terms and conditions, or take other steps. The use of any third-party services or materials is at your own expense and subject to the terms and conditions of that third party. Under no circumstances will Play Toony be held responsible or liable for how third parties use resources or other content.
When you use our services, your devices may connect to or use third-party networks. Depending on how you use those networks, you may have to pay fees. You have to pay for all fees and costs that come with using the facilities and getting into them. This includes, but is not limited to, Internet service provider fees, phone fees, SMS fees, excess fees, and fees for all computers and other devices used with the facilities.

7. Disclaimer of Contracts; Limits of Accountabilities

FOR WHATEVER REASON, Play Toony AND SERVICE PROVIDERS DO NOT REFLECT ON THE SUITABILITY, RELIABILITY, TIMELINESS, ACCURACY, HEALTH, PERFORMANCE, OR INTEROPERABILITY OF INFORMATION, APPLICATIONS, GOODS, SERVICES, AND ANY MATERIAL FOUND WITHIN THE SERVICES. USE OF THE SERVICES BY YOU Play Toony AND ITS DEVELOPERS AND SERVICE PROVIDERS HEREBY WAIVE ALL GUARANTEES AND CONDITIONS AFFECTING THE SERVICES, INCLUDING ALL IMPLICIT WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR SPECIFIC INTENT, TITLE, AND NON-INFRINGEMENT. IF YOU LIVE IN A COUNTRY THAT DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU EXPRESSLY ACCEPT THAT IN NO CASE SHALL Play Toony OR ITS MANAGERS, ASSOCIATES, OWNERS, JOINT VENTURERS, THIRD-PARTY VENDORS, WORKERS, LICENCE HOLDERS, COPYRIGHT OWNERS, ADVERTISERS, OR AGENTS BE RESPONSIBLE FOR ANY FORMAL OR INFORMAL, EXCEPTIONAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF INCOME OR OTHER DAMAGES WHATSOEVER RESULTING FROM THE USAGE OF THE SERVICES, ANY DISRUPTION IN THE AVAILABILITY OF THE SERVICES, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA OR USE, MISUSE, DEPENDENCY, REVIEW, EXPLOITATION, OR ANY OTHER USE OF THE SERVICES OR INFORMATION COLLECTED THROUGH THE SERVICES, EITHER ESTABLISHED ON AGREEMENT, TORT, FRAUD, STRICT LIABILITY, OR OTHERWISE, IN ANY WAY WHATSOEVER, EVEN THOUGH WE HAVE BEEN TOLD OF THE POSSIBILITY OF SUCH HARM OR LOSS. SINCE SOME LAWS DO NOT PERMIT FOR THE EXCLUSION OR RESTRICTION OF RESPONSIBILITY FOR CONSEQUENTIAL, ACCIDENTAL OR OTHER TYPES OF IMPAIRMENTS, SOME OR ALL OF THE ABOVE RESTRICTIONS MAY NOT APPLY TO YOU. IF YOU ARE NOT SATISFIED WITH ANY COMPONENT OF THE SERVICES OR WITH ANY OF THE TERMS OF THE AGREEMENTS IN PLACE, YOUR ONLY AND EXCLUSIVE SOLUTION IS TO CANCEL THE USE OF THE SERVICES. Play Toony'S TOTAL LIABILITY FOR ALL DAMAGES, INJURIES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED $100 OR THE AMOUNT PAID TO USE THE SERVICES, TO THE EXTENT PERMITTED..

8. Compensation for harm or loss

You agree to compensate, protect, and keep Play Toony, as well as our legislatures, administrators, investors, members, joint venturers, third-party vendors, staff, licensees, licensers, advertisers, and officers, safe from harm and against any and all losses, costs, expenses (including fair attorneys' fees and expenses), lawsuits, and penalties. As a result, we reserve the right to conclude full protection for any allegation for which we are entitled to compensation under these terms. You shall, in such a circumstance, supply us with the assistance we fairly seek.

9. Principal Law

You agree that, no matter where you come from, the United Nations Agreement on Contracts for the Sale of Goods does not apply. This is true even if you don't look at the rules about how different laws interact with each other. You agree, to the fullest extent allowed by law, that these Terms and Conditions shall be read and entered into in accordance with the laws of the country listed in the table below, on the basis of which the Play Toony body provides the services in force. You agree to apply to the individual and exclusive jurisdiction of the courts situated within the forum as specified, unless otherwise given in Section X:

10. Disagreement Resolution

This Section X does not apply to people who live in Japan, the European Union, or the European


Economic Area:

PLEASE READ THIS CLAUSE CAREFULLY BECAUSE IT CONCERNS YOUR RIGHTS. YOU FORFEIT YOUR RIGHT TO LITIGATE CASES BEFORE A LAWSUIT AND TO MAKE A JUDGE OR JURY DETERMINE YOUR CASE BY COMMITTING TO BINDING ARBITRATION.
Play Toony and you all agree that any civil or equitable argument, conflict, litigation, or proceeding arising from or relating to the Facilities ('Dispute') will be settled to the fullest degree allowed by statute in order to expedite and regulate the expense of disputes:

Announcement of Disagreement:

You or we must supply the other party with a Notice of Dispute" in the case of a dispute, which is a formal document setting forth the identity, location, and contact information of the party giving it, the details giving rise to the conflict, and a suggested remedy. You must mail and email any Notice of Conflict to us at the mailing addresses and email addresses given in the Contact Us section. If we have it, we will give you any Note of Conflict by post to your address or otherwise to your email address.

Minor Entitlements Court:

If the case satisfies all the requirements to be heard in small claims court (or the equivalent), you may opt to litigate the dispute in small claims court (or the equivalent) in the jurisdiction stated in Section IX.

Obligatory Settlement:

In small claims cases, where the conflict is not settled, all further attempts to settle the dispute will be carried out solely through binding arbitration, as defined in this section. You give up the right to litigate all cases in court before a judge or jury (or engage in them as a party or class member). Instead, all disputes will be decided before a neutral arbitrator whose verdict will be binding, with the exception of the restricted right of appeal provided for under the Federal Arbitration Act or some other relevant statute. The arbitrator's award will be imposed by any court having authority over the parties.

Exclusions to Settlement:

In small claims cases, where the conflict is not settled, all further attempts to settle the dispute will be carried out solely through binding arbitration, as defined in this section. You give up the right to litigate all cases in court before a judge or jury (or engage in them as a party or class member). Instead, all disputes will be decided before a neutral arbitrator whose verdict will be binding, with the exception of the restricted right of appeal provided for under the Federal Arbitration Act or some other relevant statute. The arbitrator's award will be imposed by any court having authority over the parties.

• Any conflicts attempting to impose or defend, or pertaining to the value of, any of your intellectual property rights or those of Play Toony.
• Any injunctive relief claim.
• Any allegation you are entitled to bring to the notice of any department of federal, state, or local government that may allow such agencies to request redress from us on your behalf, if the law permits.

Class Action Waiver:

Any court action to settle a dispute or go to court would be done on an individual basis. Neither you nor we would try to get any case heard as a class action or in any other proceeding in which any side acts in a legislative capacity or intends to act. Until the parties have given their prior written consent, no arbitration or prosecution shall be merged with another.

Settlement Measures:

This arbitration will be done by the Judicial Arbitration and Mediation Service (JAMS) in accordance with the customer or commercial arbitration laws that are in effect at the time the case is filed. If JAMS is unable or unwilling to perform arbitration of the conflict, all sides may voluntarily negotiate with an alternative arbitration service provider. By following the JAMS rules, you can order a telephonic or in-person hearing. In a case costing $10,000 or less, regardless of whether the arbitrator sees good reason to hold an in-person hearing instead, the hearing would be telephonic. The arbitrator can personally award the same damages to you as a court would. The arbitrator can only help you, and only to the extent that is necessary for your claim to be satisfied.

Arbitrator’s Jurisdiction:

The arbitrator shall have the authority to decide on the existence, extent, or legitimacy of the arbitration arrangement or the arbitrability of any argument or counterclaim, including any objection to his or her own jurisdiction.

Arbitration Fees:

The original arbitration fee is paid by whoever files the arbitration. We pay if we file. When you apply, you pay unless, under the applicable arbitration rules, you get a charge waiver. The other payments will be split up according to the rules set by the arbitration firm and the law. - regardless of which party prevails, a party shall pay the costs of that party's counsel, consultants, and witnesses, as well as other expenditures, unless the arbitrator, following relevant law, so decides, a party may reclaim any or all expenses from another party.

Disagreements Must Be Filed Within One Year:

To the degree allowed by statute, any dispute pursuant to this arrangement must be filed in a small claims court or arbitration proceeding within one year. The one-year cycle starts when it is practicable to file the dispute or notice of dispute first. If, after one year, a dispute is not filed, it is automatically barred.

Provisional Injunctive Relief:

Before an arbitrator is chosen, any party can ask any court with the right authority for temporary injunctive relief without giving up its right to arbitration.

If this arbitration arrangement is considered to be unconstitutional or unenforceable, the parties agree to the fullest degree permissible under relevant statute that, in compliance with Section IX, any disagreement relating to your use of the facilities or these provisions shall be instituted and heard.

11. Miscellaneous

All-inclusive Agreement:

These terms represent a whole arrangement between you and us, superseding all previous or contemporaneous (oral, literary, or electronic) correspondence and suggestions between you and us.

Relationship of the Parties:

You agree that there is no joint venture, collaboration, job, or organization between you and us because of these terms or because you have access to and use the facilities.

Severability:

This clause shall be severed if any provision of these terms of service is considered to be unconstitutional or unenforceable. The majority of the terms and conditions will remain in full force and effect. An enforceable provision that comes closest to the purpose behind the invalid provision will override the severed provision.

Assignment:

Without the prior written permission of Play Toony, this arrangement will not be assigned, in whole or in part, whether knowingly, by statute, or otherwise, to you. Play Toony may, without constraint, assign, authorize, delegate, or otherwise transfer to any third party its rights or obligations under this clause. Except for what was said in the last sentence, the rights and responsibilities of the parties to this Agreement are binding on the parties and their respective successors and authorized assigns, and they will protect them against any attempt to assign something other than what is written in this section.

Captions and headings:

The titles and headings of the sections and paragraphs used in the Terms are only there for your convenience. They do not change the way the Terms are meant to be read or understood.

Waiver:

If we don't enforce or respond to someone breaking any of the rules in these Terms, we don't lose our right to do so later.

12. Contact Us

If you have any concerns about these terms and conditions, please email us at contact@xoss.games