Effective 14 March 2024. Updates to Section 11 become effective 30 days after the date specified in the previous sentence.

Metacore Games Ltd - Terms of Service

These terms of service (“Terms”) are applied between you and Metacore Games Ltd, a Finnish limited liability company with Finnish business identity code 2661926-6 and located at Porkkalankatu 24, 00180 Helsinki, Finland, email address: contact[at]metacoregames.com (“Metacore” or “we”). These Terms create a binding agreement regarding your use of Metacore´s games, websites, customer support and related services (“Services”) so please read them carefully.

Your use of the Services is conditioned on you accepting these Terms.

For United States and Canadian residents, these Terms contain a binding arbitration agreement in Section 11 and a class-action waiver that affects your rights about how to resolve disputes. Except where you opt out, and except for certain types of disputes described in Section 11, you agree that any disputes arising between you and Metacore will be resolved by binding, individual arbitration and you waive your right to participate in any class-action lawsuit or class-wide arbitration.

All purchases and redemptions of Virtual Items (as specified below) made through the Services are final and non-refundable, unless prohibited by applicable law. You acknowledge and consent that the provision of Virtual Items (as specified below) for use in the Services is a process that commences immediately upon purchase or redemption and that you forfeit your right of cancelation once the process has commenced.

If you accept these Terms, you affirm that you are at least 13 years old or of the legal age of majority in your country of residence. If you are not, your legal guardian or other holder of parental responsibility must review and agree to these Terms.

Our Services are constantly evolving. For example, we may make available early test versions of the Services which may not be fully functional, may be materially amended, or may be withdrawn altogether during or after the testing period. Even after the initial testing phase our Services may be amended, updated, or upgraded at our discretion and going beyond what is needed strictly for maintaining conformity. When we make changes to the Services, you may be required to accept and/or install updates, upgrades, or other amendments to keep using the Services. We reserve the right to stop offering and/or supporting the Services in whole or in part, at which point your right to use the Services, or a part thereof will be automatically terminated. In such an event and unless prohibited by applicable law, we are not required to provide refunds or other compensation. If we cease to offer a part of the Services for which Virtual Items have been made available (such as sunsetting a mobile game with in-app purchases enabled), we will make commercially reasonable efforts to provide reasonable advance notice.

Without affecting Section 11.7 “Amendments to arbitration agreement”, Metacore reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms, the Privacy Notice and other relevant Metacore policies at any time by posting the amended terms on the Services. These actions may be needed for example due to developments in applicable legislation, technology, our business models, or player behavior. You will be deemed to have accepted such changes by continuing to use the Services. If at any point you do not agree to any portion of the then-current version of these Terms, Privacy Notice, or any other Metacore policy, rules or codes of conduct relating to your use of the Services, this agreement is immediately terminated and your right to use the Service terminates, and you must stop using the Service.

We process your personal data in accordance with our Privacy Notice made available at https://metacoregames.com/privacy-policy.

As part of the Services, we may offer you the opportunity to play with your friends or other matched opponents. To ensure that you have available opponents at the right skill level, some of these matched opponents may be auto-generated, computer-controlled players that look and play like real people.

1. Our license to you and ownership of the Services

Subject to your compliance with these Terms, Metacore grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for your personal and non-commercial use. You do not receive any other license and all other rights are reserved.

The Services and its contents are licensed, not sold.

All rights, title and interest in and to the Services, including copyrights, trademarks, trade secrets, trade names, patents, designs, and other proprietary rights are owned by Metacore (including to games, titles, computer code, Virtual Items, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, and gameplay recordings).

1. Purchases and Virtual Items; Refunds

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. You are responsible for any use of your credit card or other payment instrument or method.

Metacore may license to you certain virtual money or goods to be used within the Services and which you may purchase or which you may earn or redeem via gameplay (“Virtual Items“). Virtual Items are licensed to you on a limited, personal, non-transferable, non-sublicensable, revocable basis and are intended solely for non-commercial use.

Metacore may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice. Metacore has no liability to you or any third party if Metacore exercises any such rights. Except where prohibited by applicable law, Metacore is not required to provide you with a refund for any Virtual Items.

Virtual Items are licensed solely for entertainment. Virtual Items do not have an equivalent value in real world money and cannot be exchanged for real money, real goods, or real services. Except where expressly authorized within the Services, the transfer of Virtual Items is prohibited, including directly or indirectly via a third-party service.

The price and availability of Virtual Items are subject to change without notice.

If a refund is mandated by applicable law or if Metacore in its sole discretion issues a refund and if you have purchased Virtual Items using your credit card, carrier billing or any other method where Metacore was not a party to the transaction, Metacore may not have access to and thus not be able to issue a refund using the same payment instrument. You agree that Metacore may issue refunds via a different means reasonably suited for the purpose, provided that Metacore is not obligated to process any credit card information.

If you are requesting a refund for Virtual Items licensed via third-party app store platforms, the third-party platform provider may be the merchant of record and Metacore is not a party to the transaction and in such cases your purchase is governed by the third-party platform’s payment terms and conditions. Please review the platform’s terms of service for additional information

1. Withdrawals

If you are a consumer based in the European Union or a member country of the European Economic Area (“EEA”), this Section “Withdrawals” applies to you.

You may have the right to withdraw from these Terms within 14 days from the day you agreed to them. You may also have the right to withdraw from the purchase of a license to a Virtual Item or Services within 14 days from purchase. You are not required to give a reason for exercising the right of withdrawal. However, you are not entitled to withdraw from a purchase if the provision of Virtual Items or Services has begun with your prior express consent and in such a case you acknowledge and agree that you forfeit your right of withdrawal for such Virtual Items.

To withdraw from these Terms, you must inform Metacore of your decision to withdraw and discontinue your use of the Services. To withdraw from the purchase of a license to a Virtual Item or Services, you must inform the merchant of record. Merchant of record may be Metacore or an authorized partner through which you made your purchase (for example a mobile platform or social network). If Metacore is not the merchant of record, Metacore is neither able nor required to fulfill your request to withdraw from a purchase.

To exercise your right to withdraw, you must send an equivocal statement of your decision by email to the address specified at the beginning of these Terms. You may use the below model withdrawal text but are not required to do so. It is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the expiry of the withdrawal period.

If you withdraw from the purchase of a license to a Virtual Item or Services, you are entitled to be reimbursed for the purchase no later than 14 days from the day on which you informed the merchant of record of your decision to withdraw from the purchase. The reimbursement will be carried out using the same means of payment as you used for the initial payment unless you have agreed otherwise. You will not incur any fees because of such reimbursement.

Model withdrawal text:

To Metacore Games Ltd, Porkkalankatu 24, 00180 Helsinki, Finland

I hereby give notice that I withdraw from my contract of sale for the provision of the following item: [identify your purchase in as many reasonable details as possible], ordered on [insert date of purchase].

[Insert your name and address], [Insert date]

1. Accounts

At our discretion we may make it possible for you to create an account or otherwise register with the Services (“Account”). You may be required to select a password for your Account, or you may also use other credentials to access the Account (“Login Credentials“). You agree that you will not give your Login Credentials to anyone else or allow anyone else to use your Login Credentials or Account. You are solely responsible for maintaining the confidentiality of the Login Credentials, and you are responsible for all uses thereof, including purchases or Virtual Items. We may assume that anyone logging into your Account using your Login Credentials is you.

We reserve the right to delete your Account if we do not observe any activity related to the Account for 180 days or more. In such an event, you may no longer be able to access any Virtual Items associated with that Account and no refund will be issued for such Virtual Items.

1. User Content

"User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through Services, or that other users upload or transmit, including any chat content.

Metacore assumes no responsibility for the conduct of any user submitting any User Content and assumes no responsibility for monitoring the Services for inappropriate content or conduct. Metacore does not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Services, you may be exposed to User Content that is offensive, indecent, or otherwise not in line with your expectations. You assume all risks associated with the use of any User Content available in connection with the Service. Metacore is not a party to any dispute you may have with any other users of the Services and Metacore has no obligation to become involved in any such dispute, and subsequently you release Metacore (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

At our discretion, our representatives or technology may monitor and/or record your interaction with the Services or communications (including chat content) when you are using the Services. By accepting these Terms, you provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including chat text or voice communications.

Metacore reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content without notice for any reason or for no reason at any time. If at any time we choose to monitor the Services, we nonetheless assume no responsibility for User Content and assume no obligation to modify or remove any inappropriate User Content.

The Services may include chat and other similar features where you can post User Content, including your observations and comments on designated topics. We cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Services. We have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

By transmitting or submitting any User Content while using the Services, you represent and warrant that such transmission or submission is (a) not confidential or misleading; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is included in the User Content; and (c) free of viruses, adware, spyware, worms or other malicious code.

Metacore does not claim any ownership rights in your User Content. You hereby grant to Metacore a non-exclusive, irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, make available to the public, commercialize, publish, distribute, sell, license, transfer, lease, transmit, publicly display, publicly perform and otherwise commercially exploit your User Content as well as all modified and derivative works thereof in connection with our provision of the Services, including marketing and promotions of the Services. Metacore may authorize others to exercise any of the rights granted to Metacore pursuant to these Terms. You further hereby grant Metacore the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. This grant of license to Metacore survives termination of these Terms.

Metacore has no obligation to monitor or to enforce your intellectual property rights in or to your User Content.

1. Unsolicited Materials

Metacore and its affiliated companies and their respective directors, officers, employees or contractors do not accept or consider unsolicited idea or product submissions of any kind (for example game or other product ideas, stories, screenplays, artwork, musical or audiovisual works, concepts, or any other creative materials) in any format, by means of any transmission (“Unsolicited Materials”). Please do not submit any Unsolicited Materials. However, if you submit Unsolicited Materials, you agree that such Unsolicited Materials will not be treated as confidential, regardless of what you otherwise state in your accompanying message or other documentation. You further agree that such Unsolicited Materials may be used and exploited by Metacore without compensation to you or any third party and you grant Metacore the same license and rights to Unsolicited Materials as specified in these Terms for User Content.

1. Code of Conduct

Without limiting Metacore´s rights specified elsewhere in these Terms, any use of the Service in violation of the Code of Conduct included in this Section 7 is strictly prohibited and can result in the immediate revocation of your limited right and may subject you to legal liability.

You agree that you will not, under any circumstances:

• Engage in any act that we deem to conflict with the spirit or intent of the Services or make improper use of the Services.

• Use the Services for commercial purposes.

• Use or take part directly or indirectly in the use of cheats, exploits, automation software, emulators, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Services.

• Disrupt, interfere with, or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users' experience when using the Services. This includes manipulation of rankings, taking advantage of errors in the Services to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Services.

• Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Services.

• Institute, assist, or become involved in any type of attack, including distribution of a virus, denial of service attacks upon the Services, or other attempts to disrupt the Services or any other person's use or enjoyment of the Services.

• Attempt to gain unauthorized access to the Service, Accounts registered or used by others or to the computers, servers, or networks connected to the Services by any means other than the user interface provided by Metacore.

• Post any information within the Services or relating to the Services that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.

• Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.

• Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Metacore employees and player support representatives.

• Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person.

• Except where expressly authorized by applicable legislation, reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services.

• Solicit or attempt to solicit Login Credentials or any other login credentials or personal information from other users of the Services.

• Collect or post anyone's private information, including personal data or personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Services.

• Use the Services for gambling, betting or any similar activity in which prizes or rewards can be won directly or indirectly, including betting on the outcome of games in which you participate as a player, irrespective of whether there is a fee or stake involved.

We reserve the right to determine what conduct we consider to be in violation of this Code of Conduct or otherwise outside the intent or spirit of these Terms or the Services. We reserve the right to act as a result, which may include prohibiting you from using the Services in whole or in part.

1. Suspension and termination of Services or Account

Without limiting any other remedies, we may limit, suspend, terminate, modify, or delete Accounts or access to the Services or portions thereof with or without notice to you (i) if you are, or we suspect that you are, failing to comply with these Terms; or (ii) for any actual or suspected illegal or improper use of the Services. You can lose your username and persona in the Services because of account termination or limitation, as well as any benefits, privileges, Virtual Items associated with your use of the Services, and we are under no obligation to compensate you for any such losses or results.

Without limiting our other remedies, we may limit, suspend, or terminate the Services and Accounts or portions thereof, and take technical and legal steps to prevent users from accessing the Service if we believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of these Terms or policies. We may also, in appropriate circumstances and at our sole discretion, suspend or terminate Accounts of users who may be repeat infringers of third-party intellectual property rights.

1. Disclaimer of warranties

To the fullest extent permissible under applicable law, the Services are provided on an "AS IS" and "AS AVAILABLE" basis for your use, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. Metacore does not warrant that you will be able to access or use the Services at the times or locations of your choosing; that the service will be uninterrupted or error-free; that defects will be corrected; or that the Services are free of viruses or other harmful components.

Some jurisdictions, such as European Union Member States, do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you. Instead, in such jurisdictions, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these Terms shall infringe upon the statutory rights that you may have as a consumer.

If you are a consumer based in an EU member state, you are provided with a legal guarantee of conformity under which Metacore may be liable for a lack of conformity that you discover: (i) within two years from any one-time supply of the Services (such as the supply of a Virtual Item); or (ii) at any time during any continuous supply of the Services. If the Services are proven as nonconforming, you may, if the conditions are met, (i) demand supplementary performance, (ii) as the case may be, withdraw from these Terms or reduce the price, and, subject to the applicable law, (iii) claim compensation for actual damages or costs with the exception of the parts of the Services which we offer free of charge.

1. Limitation of liability

This Section 10 specifies our limitations of liability so please read it carefully.

10.1 If you are a resident of an EEA country or the UK, Section 10.2 applies to you.

10.2. In no event shall Metacore be liable to you for any indirect losses or damage or for any breach of its obligations due to a force majeure event arising out of in connection with the Services, these Terms, or the Privacy Notice. Nothing in these Terms or the Privacy Notice is intended to exclude any non-excludable or non-waivable rights or damages that cannot be excluded or waived under applicable law, including liability for fraud, or death or personal injury arising because of Metacore´s negligence.

10.3 If you are a resident of any country outside EEA or the UK, Section 10.4 applies to you.

10.4 To the fullest extent permissible under applicable law, Metacore shall not be liable to you for any indirect, incidental, consequential, special, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these Terms or the Services, whether based on contract, tort or any other legal theory, and whether or not Metacore has been advised of the possibility of such damages. To the extent not prohibited by law, Metacore shall not be liable to you for more than the amount you have paid for the Services (including Virtual Items) in accordance with these Terms in the six months immediately preceding the date on which you first assert a claim. You acknowledge and agree that if you have not paid anything for the Services (including for Virtual Items) during such a time, your sole remedy (and Metacore´s exclusive liability) for any dispute with Metacore is to stop using the Services and to cancel your Account (if any).

10.5 For purposes of this Section 10 “Limitations of liability,” Metacore´s licensors and other partners are third-party beneficiaries to the specified limitations of liability and may enforce these Terms against you.

10.6 Nothing in these Terms shall affect the statutory rights of any consumer or exclude or restrict any liability resulting from Metacore´s gross negligence or willful misconduct or for death or personal injury arising from any Metacore´s negligence or fraud.

10.7 You agree to indemnify, defend and hold Metacore (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Services, or any breach by you of these Terms, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

1. Dispute resolution

This Section “Dispute Resolution” constitutes an agreement between us and you. You and Metacore agree that the processes for dispute resolution described in this arbitration agreement will apply to any dispute or claims related to the Terms, the Privacy Notice, or the Services. Disputes include any claims of any kind, including but not limited to legal, equitable, or statutory claims. Processes for dispute resolution will apply even if you stop using your Account, delete your Account, or stop using the Service. They will also apply to disputes that arose before we entered into this arbitration agreement.

This Section 11 applies to you only if you are a resident of the United States or Canada.

1. Informal dispute resolution

You must try to informally resolve any dispute directly with Metacore for at least 30 days before you start arbitration. The informal dispute resolution process starts when you give Metacore written notice of the dispute through legal@metacoregames.com.

1. Arbitration agreement

Either you or Metacore may choose to submit any dispute for resolution exclusively by final and binding arbitration unless the claim is within the exceptions described below. If you or Metacore brings a claim in court that can be resolved by arbitration as specified in this arbitration agreement, then either party can ask the court to order the parties to resolve the claim by arbitration. The arbitrator will have the exclusive authority to decide whether any portion of Section 11 “Dispute Resolution” is valid or enforceable, or whether it applies to a claim and whether a claim is arbitrable.

An arbitration proceeding will be held before a neutral arbitrator. This means you and Metacore agree to give up the right to resolve the dispute in a trial before a judge or jury. Arbitration has different rules than more formal lawsuits. For example, the ability to force the other side to share information may be more limited than the process called discovery in formal lawsuits. After the arbitrator decides the outcome, that decision will be final. You or Metacore can ask the arbitrator to put a decision or award and the reasons for it in writing. Either of us can ask a court to confirm or enter the arbitrator’s final decision or award, which will make it the same as a court judgment. You and Metacore will generally not be able to change the outcome of arbitration through courts outside of very limited circumstances.

1. Arbitration process

The arbitration will be run by the American Arbitration Association (“AAA”). The arbitration will be governed by AAA’s Consumer Arbitration Rules and, as applicable, the AAA Mass Arbitration Supplementary Rules, as any such may be modified by these Terms and by the AAA. If there is a conflict between these Terms and AAA’s rules and procedures, then we will follow these Terms. To review AAA’s Rules or to start arbitration, you can go to AAA’s website at www.adr.org/rules. If either of us decides to start arbitration, we agree to provide the other party with a written demand for arbitration as specified in the AAA rules.

The fees for arbitration will be determined by AAA’s Consumer Arbitration Rules. If the arbitrator decides that those fees are excessive, Metacore will pay the fees. Each side will pay their own attorneys’ fees and costs unless the claims allow for the prevailing party to recover attorneys’ fees and costs, in which case the arbitrator may award them under the applicable law. If either party unsuccessfully challenges the validity of the arbitrator’s decision or award through a subsequent court case, the unsuccessful party shall pay the opposing party’s costs and attorneys’ fees associated with the challenge.

The arbitration will take place either in Los Angeles, California, USA or in the county or province where you reside. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

1. Exceptions to agreement to arbitrate

You and Metacore agree that the arbitration agreement specified in this Section 11 will not apply to the following disputes:

• Claims about intellectual property, such as claims to enforce, protect, or concerning the validity of copyrights, trademarks, trade dress, domain names, patents, trade secrets, or other intellectual property rights.
• Claims related to piracy or tortious interference.
• Claims that are not subject to an arbitration agreement as a matter of law and are not preempted by federal law that would allow for an agreement to arbitration.
• Claims in small claims court.

Any dispute not subject to arbitration under these exceptions shall be resolved by a court of competent jurisdiction as described in Section 13 “Venue for Disputes Not Subject to Arbitration”.

1. No class actions

You and Metacore agree that we can only bring claims against each other on an individual basis.

That means:

• You cannot bring a claim against Metacore as a plaintiff or class member in a class, collective, consolidated, or representative action. The same applies to us as well.
• The arbitrator cannot combine any other person’s claims with yours into a single case or preside over any class, collective, consolidated, or representative arbitration proceeding.
• The arbitrator’s decision or award in your case will not apply to anyone else and cannot be used to decide other people’s disputes.

To increase the efficiency of administration and resolution of arbitrations, you and Metacore agree that in the event that there are twenty five (25) or more individual demands for arbitration of a substantially similar nature filed against Metacore by or with the assistance of the same law firm, group of law firms, or organizations or representation is consistent or coordinated across the cases, all such demands for arbitration are processed in accordance with AAA´s Mass Arbitration Supplementary Rules for consumer mass arbitration. The cases will be heard on the documents, rather than by in-person, telephone, or video conference hearings. Multiple cases can be assigned to one arbitrator. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. This mass arbitration provision shall in no way be interpreted as authorizing a class or collective action of any kind, except as expressly set forth in this provision.

If this Section 11.5 “No class actions” is found to be unenforceable or invalid, then the entirety of Section 11, including Sections 11.1 to 11.6, shall be void.

1. Opt-out of arbitration agreement and no class action provisions

You can choose to opt out of and not be bound by the arbitration agreement and no class action provisions above (Sections 11.1 to 11.5) by sending written notice of your decision to opt out to legal@metacoregames.com with the subject line “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” You must send us this notice within 30 days of your first use of the Services or availability of this opt-out, whichever is later. If you do not send us a notice within that time, you will be bound to arbitrate disputes. If you opt out of these arbitration provisions, Metacore also will not be bound by them.

1. Amendments to arbitration agreement

Metacore will provide 30-days’ notice of any changes to this Section 11 through the Services or via other similar means. Changes to this Section 11 will become effective on the 30th day and will apply prospectively only to any claims arising after the 30th day.

If Metacore amends this Section 11 after the date you first accepted the arbitration agreement in this Section 11 (or accepted any subsequent changes to this Section 11), you may reject any such change to this Section 11 by sending us written notice (by email to legal@metacoregames.com) with the subject line “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT” within 30 days of the date such change to this Section 11 became effective, as indicated in the “Effective” date above or in the date of our other communication to you notifying you of such change. Your rejection will apply only prospectively and does not have any effect on claims made or for which the circumstances arose prior to your rejection or the changes. You agree that your continued use of the Services 30 days after a change will be deemed acceptance of those changes.

1. Applicable law

12.1. If you are a resident of any EEA country or the UK, Section 12.2 applies to you.

12.2. These Terms and Privacy Notice shall be governed by, and construed under, the laws of your country of residence without regard to conflict of laws rules. The exclusive jurisdiction for all disputes will be the competent courts of your country of residence. If you are a resident of any EEA country, you may also make use of the Online Dispute Resolution platform offered by the European Commission as an out of court alternative to resolve disputes. Please note that Metacore may not be required to accept the use of this or other alternative dispute resolution platforms.

12.3. If you are not a resident of any EEA country, the UK, United States or Canada, Section 12.4 applies to you.

12.4. These Terms and Privacy Notice shall be governed by, and construed under, the laws of Finland without regard to conflict of laws rules. The exclusive jurisdiction for all disputes will be the district court of Helsinki, Finland unless otherwise required by the law of the country where you have your residence.

12.5. If you are a resident of the United States or Canada, Section 12.6 applies to you.

12.6. The United States Federal Arbitration Act (including its procedural provisions) governs the interpretation and enforcement of the agreement to arbitrate and as well as the no class actions provisions of Section 11. Any dispute arising out of or related to these Terms, the Privacy Notice, or the Services shall be exclusively governed in all respects by the laws of the State of California, USA without regard to conflict of law provisions.

1. Venue for disputes not subject to arbitration

If you are a resident of the United States or Canada, you agree that any claim or dispute you may have against Metacore that is not subject to arbitration under Section 11 must be resolved exclusively by a federal or state court located in Los Angeles County, California.

1. General provisions

1. Severability

You and Metacore agree that if any portion of these Terms or of the Privacy Notice is found illegal, unenforceable or void, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

1. Assignment

Metacore may assign or delegate these Terms and/or the Privacy Notice, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Notice without Metacore´s prior written consent, and any unauthorized assignment and delegation by you is ineffective.

1. Supplemental policies

Metacore may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms.

1. Entire agreement

These Terms, any supplemental policies and any documents expressly incorporated by reference herein (including the Privacy Notice), contain the entire understanding of you and Metacore, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Services.

Any reference to “including” shall be deemed to include “including, without limitation”.

1. No waiver

Metacore´s failure to require or enforce strict performance by you of any provision of these Terms or the Privacy Notice or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Metacore´s right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by Metacore of any provision, condition, or requirement of these Terms or the Privacy Notice shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

1. Notices

We may notify you via postings in the Services, via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms, or the Privacy Notice shall be in writing and addressed to: Metacore Games Ltd. Attn: Legal, Porkkalankatu 24, 00180 Helsinki, with a copy to legal@metacoregames.com.

1. Equitable remedies

You acknowledge that the rights granted, and obligations made under these Terms to Metacore are of a unique and irreplaceable nature, the loss of which shall irreparably harm Metacore and which cannot be replaced by monetary damages alone so that Metacore shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 10 (if any).

1. Embargo Compliance

You must comply with all applicable domestic and international export laws and regulations (which may be amended from time to time) that apply to the Services, which include restrictions on destinations, users, and use.

1. Force majeure

Metacore shall not be liable for any delay or failure to perform resulting from causes outside Metacore´s reasonable control , including any failure to perform hereunder due to unforeseen circumstances or cause beyond Metacore´s control such as acts of God, war, pandemic, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

1. Languages

These Terms are written in English and can be translated to other languages. The English version is binding and takes precedence,

1. Additional conditions for Apple devices

If you are accessing or using the Services through an Apple branded device, the following additional terms and conditions are applicable to you. These additional terms and conditions are subject to the Terms, including limitations of liability.

These Terms are entered into between you and Metacore, that Apple, Inc. (“Apple”) is not a party to these Terms other than as a third-party beneficiary as contemplated below. Metacore, not Apple, is responsible for providing the Services.

The license granted to you in these Terms is subject to the permitted usage rules specified in the Apple App Store Terms of Service and any third party terms of agreement therein.

Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Services.

In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for such Services in accordance with these Terms. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.

As between Metacore and you, Metacore, and not Apple, is responsible for addressing any claims you may have relating to the Services including: (i) product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

If the Services or your use of the Services infringes on third party intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

When using the Services, you must comply with all third-party terms that are applicable to any platform, website, technology, or service that interacts with the Services.