Last Modified: June 1, 2024

Welcome to Origins TCG! Origins TCG is offered by Koin Games, Inc. (together with its affiliates, agents, representatives, consultants, employees, officers, and directors "Koin Games", "we", "us" and/or "our"), which provides the gaming and collectible item platform located at http://origins-tcg.com (collectively with other Koin Games platforms or websites, the "Site") that allows users to participate in games (collectively, such services and related Koin Games products or services, including any new features and applications, together with the Site, the "Services"). Portions of the Services are publicly available to all visitors to the Site (the "Visitors"), whereas other portions of the Services are available only to registered users with an Account on the Services (collectively, the "Players"). These Terms of Use ("Agreement") applies to both Visitors and Players (collectively, the "Users" or "you"). Please read this Agreement carefully before you start to use the Services.

SECTION 14 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS.

BY AFFIRMING ACCEPTANCE WHEN CREATING AN ACCOUNT OR LOGGING IN, YOU

ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THE KOIN GAMES PRIVACY POLICY; REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT AND THAT YOU HAVE THE AUTHORITY AND ARE FULLY ABLE AND COMPETENT TO ENTER THIS AGREEMENT; AND ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AND THE PRIVACY POLICY.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.

1.Koin Games Account Creation

1.1Creating an Account.In order to use the Services as a Player, you are required to create an account ("Account", as further defined below). You must at least eighteen (18) years of age, or the age of majority in your jurisdiction, to register an Account; otherwise, you may not use the Services. You may create an Account using such other third-party accounts that we support, as selected by you on the account creation screen. You represent that the information in your Account, and any other information you otherwise provide to us, is accurate, current and complete information, and agree to update it and keep it accurate, current and complete. We reserve the right to determine if you meet the eligibility requirements to use the Services and to suspend or terminate your Account or your access to the Services, at our sole discretion, if we have reasonable grounds to suspect that any information you provided to us is untrue, inaccurate, not current, or incomplete. It shall be a violation of this Agreement to (a) submit inauthentic information for Account registration or maintenance, (b) create or control more than one Account without our express written authorization (including, but not limited to, using a name that is not yours, using a temporary or secondary email address, or providing any other falsified information), or (c) allow any other person to use your Account to participate in or otherwise use the Services.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, KOIN GAMES DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES CONDUCTED BY A CHILD WITH OR WITHOUT THE PERMISSION OF A PARENT. IF YOU ARE A PARENT AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO REGISTER FOR ONE OF THE SERVICES, YOU THEREBY AGREE TO THE TERMS RELATING TO USE OF THE SERVICES BY YOUR CHILD.

1.2Account Activities.When you create an Account, you will be asked to create a Koin Tag and password. You may not use a Koin Tag that promotes a commercial venture, implies a false affiliation, infringes upon the intellectual property or proprietary rights of others, or that we determine in our sole discretion may be offensive. You are solely responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer and/or mobile device, and you agree to accept responsibility for all activities, charges (if applicable), and damages that occur under your Account. If you discover any unauthorized use of your Account, or other known Account-related security breach, you must report it to us immediately. You agree that you are responsible for anything that happens through your Account until you close your Account or prove that your Account security was compromised due to no fault of your own. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

2.Use of the services

2.1License GrantSubject to your compliance with this Agreement, Koin Games grants you a personal, limited, non-exclusive, and nontransferable license to access and use the Services strictly in accordance with this Agreement and all applicable laws, rules, and regulations. You are responsible for all of your activity in connection with the Services.

2.2Reservation of Rights.Koin Games reserves the right to modify, suspend or discontinue all or any aspect of the Services to anyone for any reason at our sole discretion, with or without any notice. Koin Games reserves the right to modify, suspend, or discontinue the Services (including, but not limited to, the availability of any feature, database, or content), whether temporarily or permanently at any time for any reason. You agree that Koin Games shall not be liable to you or to any third party for any modification, suspension, or discontinuation of any part of the Services. Koin Games may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Koin Games may, in its sole discretion: (a) cancel unconfirmed Accounts, duplicate Accounts, or Accounts that have been inactive for a substantial period of time; (b) delay, refuse to display, or remove content or listings; (c) remove any special status associated with an Account, and (d) take technical and/or legal steps to limit or prevent any User's use of the Services, including imposing limits on certain features of the Services or restricting access to parts or all of the Services, in each case without notice or liability.

2.3Prohibited Conduct.You understand and agree that you will not use the Services to engage in the prohibited conduct below:

1. You shall not use the Services for any illegal or fraudulent purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy;
2. You shall not use the Services for purposes of competitive analysis, the development of a competing product or service, or any other purpose that is to our commercial disadvantage;
3. You shall not submit information or documentation to the Services that pertains or belongs to any other party;
4. You shall not post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
5. You shall not use the Services in any way that (i) posts, lists, or uploads content that is false, inaccurate, misleading, deceptive; (ii) contains any threat of violence to others; (iii) is in furtherance of illegal activities; (iv) is harassing, hateful, libelous, defamatory, abusive, or constitutes spam; or (v) is pornographic, predatory, sexually graphic, racist, offensive, harmful to a minor, or would otherwise violate the rights of any third party or give rise to civil or criminal liability;
6. You shall not attempt to use any method to gain unauthorized access to any features of the Services;
7. You shall not directly or indirectly decipher, decompile, remove, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services, except to the extent applicable laws specifically prohibit such restriction;
8. You shall not directly or indirectly modify, translate, or otherwise create derivative works of any part of the Services, nor republish, sell, rent, or sublicense, reproduce, duplicate, or copy material from the Services;
9. You shall not directly or indirectly license, copy, sell, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder or commercially exploit the Services, in whole or in part;
10. You shall not harvest or collect information about other Users without their consent;
11. You shall not directly or indirectly take any action that constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of Koin Games or any third party; or that impersonates any person or entity, including any employee or representative of Koin Games;
12. You shall not directly or indirectly take any action that imposes or may impose (as determined by Koin Games in its sole discretion) an unreasonable or disproportionately large load on Koin Games' or its third-party providers' infrastructure; interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Service; run any form of auto-responder or "spam" on the Services; or use automated means (including but not limited to scripts, third-party tools, bots, or web scrapers) to interact with the Services in any way; and
13. You shall not create a false identity on the Services, misrepresent your identity, impersonate any person or entity (including any employee or representative of Koin Games), create, use, or attempt to use an Account for anyone other than you, or sell or otherwise transfer your Account.

If for any reason we determine that you have failed to follow these rules, we reserve the right to prohibit any and all current or future use of the Services by you. If we have reason to suspect, or learn that anyone is violating this Agreement, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.

3.General Koin Games Rules

3.1Virtual Money and Virtual Goods.Certain portions of the Services permit the purchase of virtual currency ('Virtual Money') and use of that Virtual Money to purchase virtual items or services expressly available for use in the respective platforms ("Virtual Goods"). Virtual Money is a category of Content. You may access and purchase Virtual Goods for your personal, non-commercial use of the Services. You acknowledge that you do not acquire any ownership rights in or to the Virtual Money or Virtual Goods. Any balance of Virtual Goods or Virtual Money does not reflect any stored value and you agree that Virtual Money and Virtual Goods have no monetary value and do not constitute currency or property of any type. Virtual Money may be redeemed only for Virtual Goods and can never be sold, transferred, or exchanged for "real" money, "real" goods, or "real" services from us or anyone else. You agree that you will only obtain Virtual Money and/or Virtual Goods from us and through means provided by us, and not from any third party unless expressly authorized. Once you acquire a license to Virtual Money or Virtual Goods, you may not transfer them to another individual or account. Any such sale, transfer, or exchange (or attempt to do so) is prohibited, is a violation of this Agreement and may result in cancellation of such Virtual Money or Virtual Goods or the termination of your Account.

All Virtual Money, Virtual Goods, and other Content is provided 'as is,' without any warranty. You agree that all sales by us to you of Virtual Money and Virtual Goods are final and that we will not permit exchanges or refunds for any unused Virtual Money or Virtual Goods once the transaction has been made.

Koin Games reserves the right to offer, modify, eliminate, and/or terminate Virtual Money, Virtual Goods, the Content, and/or the Services, or any portion thereof, at any time, without notice or liability to you. If we discontinue the use of Virtual Money or Virtual Goods, we will provide you with reasonable advance notice by posting a notice through the Services or through other communications.

3.2Account wiping.From time to time, Koin Games may wipe your account and thus reset all Virtual Money, and/or Virtual Goods, or any portion thereof, at any time. Koin Games may credit your account for any sales done prior to the wiping moment, at our sole discretion.

3.3User Interactions.Subject to the terms of this Agreement and the Koin Games Privacy Policy, your direct interactions with other Users, including trades or transactions, are solely between you and that individual User. Except as otherwise specifically stated herein, Koin Games is not involved in any actual transactions. Koin Games is not the agent or representative of any User for any purpose whatsoever. For details about our information collection practices, please see our Privacy Policy. IF THERE IS A DISPUTE BETWEEN YOU AND ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY PLAYER), KOIN GAMES IS UNDER NO OBLIGATION TO BECOME INVOLVED, AND YOU HEREBY RELEASE KOIN GAMES FROM ANY CLAIMS, DEMANDS, OR DAMAGES OF ANY KIND AND OF ANY NATURE ARISING OUT OF OR RELATING TO ANY SUCH DISPUTE.

3.4Bonuses and Promotions.From time to time, Koin Games may provide you with contests, sweepstakes, promotional discounts, monetary credits, or bonuses as an incentive to use the Services or to refer others to create a Koin Games Account. Such promotional programs will be governed by their own terms and conditions which will be presented at the time of such promotions. All promotional terms are incorporated into, may vary from, and shall supersede these terms. Koin Games urges you to read all promotional terms. Our Privacy Policy, in addition to these terms and any promotional terms, governs any information you submit in connection with such Promotions.

3.5Account Inactivity.If your Account has no activity for twenty-four (24) consecutive months, we will consider your Account inactive and upon notice to you we may take steps to assess a monthly Account maintenance fee for your inactive Account until you reactivate your Account by logging in or entering into a game.

4.Availability of the Services

You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time for any reason including, without limitation, system down time for routine maintenance. You further understand that there may be interruptions in service or events on third-party sites that may affect your use of the Services and that are beyond our control to prevent or correct. Accordingly, we cannot accept any responsibility for any connectivity issues that you may experience when using the Site or Services or for any loss of material, data, transactions or other information caused by system outages, whether planned or unplanned. You hereby agree that we cannot be held liable to you or any third party should we exercise our right to modify, suspend or discontinue the Services.

5.User Content Guidelines

5.1User Content.Users of the Services may have the ability to contribute, add, create, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible certain content through submission of information in order to use, or continue using, the Services ("User Content"). You understand and agree that you are solely responsible for whatever material you submit, and you, not Koin Games, have full responsibility for your User Content and Feedback (as defined below), including its legality, reliability, accuracy, appropriateness, originality, and copyright. By using the Services, you acknowledge and agree that you bear all risks associated with use or disclosure of any User Content, and that you bear the sole risk of reliance on any User Content available on or through the Services.

5.2User Content License.Koin Games does not claim ownership of any User Content. By making any User Content available through the Services, you grant us and our service providers and business partners a nonexclusive, royalty-free, perpetual, irrevocable, sub-licensable, and transferable (in whole or in part) worldwide license to use, modify, adapt, translate, publicly perform, publicly display, publish, reproduce, and distribute such User Content on and through the Services, and to incorporate such User Content into other works, in any format or medium now known or later developed, including in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of Koin Games generally, unless otherwise prohibited by law. You agree that this license includes the right for us to make your User Content available to other users of the Services, subject to this Agreement and the Koin Games Privacy Policy.

5.3User Feedback on the Services.We, including third-party partners, may ask you for Feedback (as defined below) on your experience with the Services. We shall become the owner of any reviews, comments, suggestions or other feedback regarding the Services posted to the Services, Koin Games social media pages, or other third-party sites (collectively, "Feedback"). Without limitation, we will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, including to advertise and promote Koin Games, without compensation to you or any other person sending the Feedback. You specifically waive any "moral rights" in and to the Feedback. You agree that any Feedback you submit to us will not contain any information or ideas that you consider to be confidential or proprietary.

5.4User Content Warranties.To the extent that you decide to post any User Content or Feedback on the Services or on Koin Games social media pages, you represent and warrant to us that (a) you own the User Content, or you otherwise have the legal right to use it and you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services; (b) your User Content or Feedback will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein; and (c) you have no agreement with or obligations to any third party with respect to the rights herein granted which conflict or interfere with or adversely affect any of the provisions of this Agreement or the use or enjoyment by us of any of the rights herein granted.

5.5Enforcement; Validation of Content.Koin Games is under no obligation to screen, post or use any User Content you may provide. We may refuse to accept or transmit User Content. Additionally, we shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Content for the purpose of providing Services to you. You understand and agree that Koin Games is not and cannot be responsible for any User Content, including any information or materials therein, posted by Users on the Services, and that you must bear all risks associated with the exposure to and/or use of any such User Content. We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate any provision of this Agreement or otherwise create liability for us or any other person. Such action may include removing your User Content, terminating your Account in accordance with this Agreement, and/or reporting you to law enforcement authorities.

6.Koin Games Intellectual Property

6.1Koin Games Content.Through the Services, we may make accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, campaigns, other material and information, and associated trademarks and copyrightable works (collectively, "Koin Games Content").

6.2Koin Games Intellectual Property Rights.The Services and Koin Games Content are protected in many ways, including copyrights, trademarks, service marks, and other rights and laws. You agree to respect all legal notices, information, and restrictions contained in any content accessed through the Services, including in any Koin Games Content. You also agree not to change, translate, or otherwise create derivative works based off Koin Games Content. All other User Content viewed through the Services is the property of its respective owner. You have a limited, revocable, non-exclusive, non-transferable license to use the Services and Koin Games Content solely for legally permitted activities related to our Services as outlined in this Agreement. Koin Games reserves all rights not expressly granted to you under this Agreement.

7.Copyright Policy and Notices of Intellectual Property Violations

7.1Copyright Policy.Koin Games complies with the Digital Millennium Copyright Act (DMCA). We will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify the Koin Games Copyright Agent by email at legal@koingames.io or by mail to the address in the Contact section. Please do not send notices or inquiries about anything other than alleged copyright infringement or other intellectual property claims to our Agent for Notice. Your email must contain the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
3. a description of the copyrighted work that you claim has been infringed;
4. a description of where the material that you claim is infringing is located on the Services, sufficient for us to locate the material; your address, telephone number, and email address;
5. 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
6. a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

If you fail to comply with these notice requirements, your notification may not be valid. Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.

In accordance with the DMCA, we have adopted a policy of, in appropriate circumstances, terminating User Accounts that are repeat infringers of the intellectual property rights of others. We may also terminate User Accounts even based on a single infringement.

7.2Counter-Notice.If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2) Identification of the User Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Tampa, Florida, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the User Content provider, member or user, the removed User Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

8.Third-Party Sites

8.1Advertisements.The Services may contain third-party advertisements. The third parties that provide these advertisements are solely responsible for ensuring that the materials submitted for inclusion on the Services are accurate and that they comply with all applicable laws. We are not responsible for the acts or omissions of any advertiser.

8.2Third-Party Sites.The Services may permit you to link to other websites or resources on the internet. Links on the Services to third-party websites, if any, are provided only as a convenience to you. If you use these links, you will leave the Services. The inclusion or integration of third-party services or links does not imply control of, endorsement by, or affiliation with Koin Games. Your dealings with third parties are solely between you and such third parties. You agree that we will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk.

9.Term and Termination

9.1Termination.The term of Agreement commences when you access the Services by any means and will continue in effect until terminated by you when you delete your Account, or by us as set forth below. You may terminate this Agreement by deleting your Account through your account settings or by sending us an email at eng-ops@koingames.io. We may suspend or cancel your Account without notice to you if you violate this Agreement, or for any reason at all. If your Account is canceled, we reserve the right to remove your account information along with any of your account settings from our servers with NO liability or notice to you. Once your account information and account settings are removed, you will not be able to recover this data and you will lose access to your Account and all of your User Content.

9.2Effect of Termination.Upon termination, your license to use our Services terminates and you must cease all use of the Services. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and arbitration. You acknowledge and understand that our rights regarding any User Content you submitted to the Services before your Account was terminated shall survive termination. For the avoidance of doubt, we may retain User Content in our backups, archives and disaster recovery systems until such User Content is deleted in the ordinary course of business. Termination will not limit any of Koin Games' rights or remedies at law or in equity.

10.DISCLAIMER OF WARRANTIES

THE SERVICES AND ALL INFORMATION CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

10.1Disclaimer of Actions of Users.Koin Games does not endorse and is not responsible or liable for any private interaction among Players, or for any Items bought, sold, or traded through, the Services. Your dealings with any other User, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such User exclusively and do not involve Koin Games. Like with any web-based interaction, we suggest that you use caution and good judgment, especially before purchasing from or trading Items with other Players on GB Marketplace. Koin Games is not responsible for the accessibility or unavailability of any User.

10.2Disclaimer of Warranties.THE SERVICES ARE PROVIDED TO USERS "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, KOIN GAMES, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABILITY, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, KOIN GAMES PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. ANY MATERIAL, CONTENT, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED AND/OR USED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, CONTENT OR INFORMATION. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KOIN GAMES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT KOIN GAMES ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TRUTHFULNESS, ACCURACY, TIMELINESS OR COMPLETION OF THE CONTENT OR FAILURE BY THE SERVICES.

11.LIMITATION OF LIABILITY

11.1Limitation of Liability.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE KOIN GAMES OR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS , REPRESENTATIVES, CONSULTANTS, SUCCESSORS, AND ASSIGNS, FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF THE SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN NO EVENT SHALL KOIN GAMES, NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONSULTANTS, SUCCESSORS, AND ASSIGNS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICES (INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, THE COST OF SUBSTITUTE GOODS OR SERVICES, OR ATTORNEYS FEES AND COSTS), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) ANY DIRECT DAMAGES IN EXCESS OF THE GREATER OF (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, KOIN GAMES LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

12.Indemnification

12.1Indemnification.You agree to indemnify, defend, and hold harmless Koin Games (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents, representatives, consultants, successors, and assigns) from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Service or your breach of this Agreement, including but not limited to your breach of any law or the rights of a third party.

13.Dispute Resolution and Arbitration Provision

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

YOU AGREE THAT DISPUTES BETWEEN YOU AND KOIN GAMES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

THIS NOTICE DOES NOT APPLY: (1) IF YOU ARE A RESIDENT OF ANY JURISDICTION WHICH DOES NOT ALLOW THIS ARBITRATION AGREEMENT, (2) IF YOU OPT OUT OF ARBITRATION AS DESCRIBED IN THE 'ARBITRATION' SECTION BELOW, OR (3) TO CERTAIN TYPES OF DISPUTES DESCRIBED BELOW.

13.1Initial Dispute Resolution.For any problem or dispute that you may have with us, you understand and agree that you will first give us an opportunity to resolve your problem or dispute. In order to initiate this dispute resolution process, you agree that you shall first send us a written description of your problem or dispute within thirty (30) days of the occurrence of the event giving rise to the problem or dispute by sending an email to: legal@koingames.io or by mail to the address listed below. You then agree to negotiate with us in good faith about your problem or dispute for sixty (60) days. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after our receipt of your written description of it, you agree to the arbitration provisions below.

13.2Binding Arbitration.If the parties do not reach an agreed upon solution under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to this Agreement (including formation, performance and breach), the parties' relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the "AAA"), excluding any rules or procedures governing or permitting class actions. The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitration rules also permit you to recover attorney's fees in certain cases. The arbitrator's award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

13.3Location.Any arbitration shall take place in Tampa, Florida.

13.4Class Action Waiver.The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND KOIN GAMES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

13.5Exceptions – Litigation of Intellectual Property and Small Claims Court Claims.Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims that do not exceed $10,000 or are otherwise within the scope of that court's jurisdiction.

13.630-Day Right to Opt-Out.You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to us at legal@koingames.io. The notice must be sent within thirty (30) days of your first use of the Services, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, we also will not be bound by them.

13.7Changes to this Section.We will provide thirty (30) days' notice of any changes to this section. Changes will become effective on the 30th day, and will apply prospectively only to any claims arising after the 30th day. The Agreement and the relationship between you and Koin Games shall be governed by the laws of the State of Florida without regard to conflict of law provisions.

14.Miscellaneous

14.1Assignment.This Agreement is personal to User, and you may not assign, transfer, sub-license, sub-contract, charge or otherwise encumber any of your rights or obligations under this Agreement without the prior written consent of Koin Games. Koin Games may assign, transfer, or delegate any of its rights and obligations hereunder without your consent. Any attempted assignment in violation of this Section 13.1 shall be null and void.

14.2Entire Agreement.This Agreement, and all terms and policies posted through our Services (including our Privacy Policy and any applicable posted additional terms, conditions, or rules of participation), constitutes the entire agreement between you and Koin Games with respect to the Services, and supersedes all prior or contemporaneous understandings and agreements of the parties, whether written or oral, with respect to the Services. In the event of a conflict between this Agreement and any applicable additional terms, conditions or rules, the applicable additional terms, conditions or rules shall govern solely to the extent of such conflict.

14.3Force Majeure.Neither Koin Games, any user, nor any other party involved in creating, producing, or delivering the Services or Content shall be liable with respect to any damages, injuries, nonperformance or delay in performance by reason of any act of God, weather, fire, flood, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute, or any other cause beyond its respective control.

14.4Governing Law.This Agreement is governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule.

14.5Modification.We reserve the right, at our sole discretion, to amend, modify or replace this Agreement at any time. The most current version of this Agreement will be made available through the Site. In the event that we make material changes to the Agreement, we may notify you by displaying a prominent notice on the Site or by sending an email to the email address affiliated with your Account. Updated versions of the Agreement will never apply retroactively and the updated Agreement will give the exact date they go into effect. It is your responsibility to check the Site periodically for changes to the Agreement. Use of the Services by you following any modification to the Agreement constitutes your acceptance of the Agreement as modified. Without limiting our ability to refuse, modify, or terminate all or part of our Services, we may also terminate this Agreement at any time for any reason, at our sole discretion, by giving notice of such termination.

14.6Notice.Any notices or other communications provided by Koin Games under this Agreement, including those regarding modifications to this Agreement, will be given: (a) via email; or (b) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted to any email address you provided.

14.7Relationship of the Parties.Becoming a User of our Services does not create an agency, employment, joint venture, franchise or partnership relationship between you and Koin Games.

14.8Waiver and Severability.No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

14.9Contact.If you have any questions about this Agreement, or feedback, comments, requests for technical support, and other communications related to the Services, please contact us at admin@koingames.io.