Firecraft Studio’s Terms of Service

Effective: January 28, 2019

Last Amended: January 28, 2019

IMPORTANT: FOR U.S. AND CANADIAN PLAYERS, ALL DISPUTES RELATING TO FIRECRAFT OR THESE TERMS MUST BE RESOLVED BY BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS ONLY AS DESCRIBED IN “AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER BELOW”.

1. General.

Firecraft Studios Limited Corp. (referred to as “Firecraft”, “We”, “Our”, or “Us”) goal is to create games that people (“Player(s)”) enjoy, delivering fun in an otherwise busy world! Please read and agree to these Firecraft Studios Terms of Service (the “Terms”) and our Privacy Policy carefully because they govern Players use of our website available at http://www.firecraftstudios.com (the “Site”) and services accessible via our mobile applications (each an “App”, collectively “ Apps”). To make these Terms easier to read, our Site and the Apps are collectively called the “Services.” In all cases “Firecraft”, “We”, “Our”, or “Us” includes agents, consultants, employees, officers and directors. By using the Services, Players agree to be bound by these Terms and by our Player Privacy Notice. If Players do not agree to these Terms and the Privacy Notice, Players may not use the Services.

2. Changes to Terms or Services

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let Players know either by posting the modified Terms on the Site or through other communications via the Services (such as in-game notices). It’s important that Players review the Terms whenever we modify them because if they continue to use the Services after we have posted modified Terms on the Site or via the Services, they are indicating that that agree to be bound by the modified Terms. If Players don’t agree to be bound by the modified Terms, then they may not use the Site or the Services anymore. Because the Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Players cannot make unilateral changes to the Terms or Privacy Policy. All changes must be signed by both a Player and Firecraft in a written amendment. The Terms and Privacy Policy in effect at the time of a dispute will apply to any such dispute during that time.

3. Who May Use the Services
We are very excited to have Players enjoy the Services but Players should be aware that there are some limitations on who and how the Services can be used.

Players may not use our Services if:

· Players are under the age of majority where they live and a Players parent or guardian has not reviewed and agreed to these Terms.

· Players are under 16 years of age, and if they are, they must not submit personal data to us.

· Players that are not allowed to receive the Services from the United States, for example if a Player is located in an embargoed country by the United States or if Players are on the U.S. Treasury Department’s list of Specially Designated Nationals.

· Players previously banned from any Firecraft game or Service.

If Player is under 18, or under age of majority where they live, Player represents that their legal guardian has reviewed and agreed to these Terms.

Access and Registration. It’s important that Players provide us with accurate, complete and up-to-date information for a Player account and Players agree to update such information, as needed, to keep it accurate, complete and up-to-date. If Players don’t, we might have to suspend or terminate their account. Player agrees that Player won’t disclose the account password to anyone and Player will notify us immediately of any unauthorized use of the account. Players are responsible for all activities that occur under their account, whether or not they know about them.

Changes to the Services. The Services are frequently updated and changing, along with the Terms and Privacy Notice. We may update the Services and may make Players update their App in order to continue to use the Services. We may perform these updates without any notice.

We reserve the right to stop offering and/or supporting the Services or a game at any time, permanently or temporarily, without notice. Unless applicable law provides otherwise, we are not required and Players should not expect a refund, benefit, or any other compensation in connection with such or for any Virtual Items (see below) previously earned or purchased.

FIRECRAFT MAY, IN ITS SOLE DISCRETION, SUSPEND, TERMINATE, LIMIT, MODIFY, DELETE ACCOUNTS OR ACCESS TO THE SERVICES OR ANY PORTION OF THEM; PROHIBIT ACCESS TO GAMES AND SERVICES AND SUCH CONTENT AND TOOLS; DELAY OR REMOVE HOSTED CONTENT; AND WE ARE UNDER NO OBLIGATION TO COMPENSATE PLAYER FOR ANY LOSES, PERCEIVED OR REAL. This may not apply to Players located in the EEA. If Player is located in the EEA we may endeavor to give Player at least one month’s prior notice of any material changes to our Service, in which case Player can choose to terminate the Services under these Terms.

Account Deletion. Players can stop using the Services at any time and may request that we delete their account by contacting us at dataprotection@firecraftstudios.com , in accordance with our Privacy Notice.

4. Privacy Policy

Please refer to our Privacy Notice available at http://www.firecraftstudios.com/privacy.html for Data on how we collect, use and disclose information from Players, Player computers and mobile devices. Player understands that through the use of our Services Player acknowledges the collection, use and sharing of this Data as described in our Privacy Notice. If Player doesn’t agree with the Privacy Notice, then Player must stop using the Services.

5. Content and Content Rights

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “ Player Content” means any Content that account holders (including Player) provide to be made available through the Services. Content includes without limitation Player Content.

Content Ownership, Responsibility and Removal . We do not claim any ownership rights in any Player Content and nothing in these Terms will be deemed to restrict any rights that Player may have to use and exploit Player Content. Subject to the foregoing, we and our licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. Player acknowledges that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Player agrees not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. If Player violates these Terms or any other terms that apply to Player, we may take action against Player, including terminating the Player account.

Rights in User Content Granted by Player . By making any Player Content available through the Services Player hereby grants to us a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute Player Content in connection with operating and providing the Services and Content to Player and to other account holders. Player is solely responsible for all Player Content. Player represents and warrants that Player owns all Player Content or Player has all rights that are necessary to grant us the license rights in Player Content under these Terms. Player also represents and warrants that neither Player’s Content, nor Players use and provision of Player Content to be made available through the Services, nor any use of Player Content by us on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of Player Content.

Rights in Content Granted by Us . Subject to Players compliance with these Terms, we grant Player a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with Players permitted use of the Services and solely for Players personal and non-commercial purposes.

6. Rights and Terms for Apps

Subject to Players compliance with these Terms, we grant Player a limited non-exclusive, non- transferable, non-sublicenseable license to download and install a copy of the App on a mobile device that Player owns or controls and to run such copy of the App solely for Players own personal non-commercial purposes. Player may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, Player may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. We reserve all rights in and to the App not expressly granted to Player under these Terms.

7. General Prohibitions and Our Enforcement Rights

Player agrees not to do any of the following:

● Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.

● Use, display, mirror or frame the Services or any individual element within the Services, our name, any of our trademarks, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;

● Access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers;

● Attempt to probe, scan or test the vulnerability of any of our systems or networks or breach any security or authentication measures;

● Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another Player) to protect the Services or Content;

● Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third-party web browsers;

● Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

● Use any meta tags or other hidden text or metadata utilizing our trademark, logo URL or product name without our express written consent;

● Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third-party or in any manner not permitted by these Terms;

● Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;

● Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

● Collect or store any personally identifiable data from the Services from other Players of the Services without their express permission;

● Impersonate or misrepresent Players affiliation with any person or entity;

● Violate any applicable law or regulation; or

● Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services or Content or to review, display or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute Players who violate the law.

8. DMCA/Copyright Policy

We respect copyright law and expects Players to do the same. It is our policy to terminate in appropriate circumstances Players accounts who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. The Digital Millennium Copyright Act provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If a copyright owner believes that their copyrighted work has been copied without their authorization and is available on or in the Services in a way that may constitute copyright infringement, please provide notice of the claim to our Designated Agent listed below. For the notice to be effective, it must include the following information:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) A description of the copyrighted work that is claimed to be infringed upon;

(iii) A description of where the claimed infringing material is located within the Services;

(iv) Information reasonably sufficient to permit us to contact the copyright owner, such as address, telephone number, and, if available, an email address;

(v) A statement by the copyright owner that they have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate and, under penalty of perjury, that the copyright owner is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please email our Designated Agent at:

copyright@firecraftstudios.com

Our Designated Agent may be reached at:

C/O Maples Corporate Services Limited

PO Box 309, Ugland House, Grand Cayman

KY1-1104, Cayman Islands

9. Payment Terms

In-App purchases . Players may purchase with real cash, earn, or redeem via gameplay, certain virtual goods to be used within the Apps (“ Virtual Items”). When Player obtains such Virtual Items from Firecraft or its authorized designee, Player receives a limited, personal, non-transferable, and non-sublicensable license to use such Virtual Items within the applicable App and solely for non-commercial use.

Firecraft may manage, control, modify or eliminate Virtual Items offered at any time, with or without notice. Without limiting the foregoing, Firecraft reserves the right at any time to impose additional terms or conditions on Player use of Virtual Items. Such additional terms and conditions will be effective immediately and incorporated into this Agreement. Players continued use of the App will be deemed acceptance thereof. If we need to contact Player about Players Virtual Items or account, Player consents to receive the notices by email (if Player has provided such). Player acknowledges and agrees that any such notices that we send to Player electronically will satisfy any legal communication requirements. The transfer of Virtual Items is prohibited, except where expressly authorized in the Apps, if any.

Virtual Items have no monetary value and are not currency or property. Virtual Items do not have an equivalent value in real cash and do not act as a substitute for real world money. Virtual Items cannot be sold, traded, transferred, or exchanged for cash. Virtual Items may only be redeemed for certain gameplay entitlements that may be made available within the App from time to time. Neither Firecraft nor any other person or entity has any obligation to exchange Virtual Items for anything of value. Firecraft has no liability for hacking or loss of Player’s Virtual Items.

All sales are immediate and final. Price and availability of Virtual Items are subject to change without notice.

Unless otherwise required by law, all purchases and redemptions of Virtual Items made through the App or Services are final and non-refundable, and Players are not entitled to a refund for any unused or unredeemed Virtual Items. Once Player redeems a Virtual Item for a gameplay entitlement within the App or Services, such gameplay entitlement is not returnable, exchangeable, or refundable. Player acknowledges and consents that the provision of Virtual Items for use in connection with the App or Services is a process that commences immediately upon purchase and Player forfeits the right of withdrawal once the Virtual Items have been provided or performance has started, which ever occurs first.

Unless otherwise required by law, Player agrees that Firecraft is not required to provide a refund for Virtual Items for any reason, and that Player will not receive money or other compensation for unused or unredeemed Virtual Items, whether Players loss of license or use of the Services under this Agreement was voluntary or involuntary.

If Player requests Personal Data to be erased as specified in Firecraft’s Player Privacy Notice, Player will permanently and without a right to a refund, lose all of Player’s Virtual Items as Firecraft can no longer associate such Virtual Items with Player.

EXCEPT AS OTHERWISE PROVIDED HEREIN, PLAYER ACKNOWLEDGES AND AGREES THAT FIRECRAFT IS NOT REQUIRED TO PROVIDE A REFUND TO PLAYER FOR ANY REASON, AND THAT PLAYER WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR ANY UNUSED VIRTUAL ITEMS WHEN PLAYER DELETES THE ACCOUNT, PLAYERS ACCOUNT IS TERMINATED, OR WHEN PLAYER CEASES TO USE THE APP OR SERVICES.

Subscriptions. Some of Firecraft’s Apps may offer subscription-based Services. If Player purchases a subscription, then by clicking the purchase button Player is requesting that we begin supplying the subscription Services immediately and Player is entering into a monthly subscription contract with Firecraft. Player is also authorizing a charge to Player on a recurring basis of a monthly subscription fee at the rate quoted at the time of purchase. By purchasing a subscription, we will automatically charge on a recurring basis the payment method associated with Player’s account. For subscription Services purchased in a Firecraft App played on a platform such as Apple or Google, the applicable platform will charge Player for the subscription fee and the platform’s payment terms will apply. Please review the appropriate platform’s payment terms for additional information.

Trial subscriptions are offered free-of-charge for a certain period of time from activation specified in the relevant trial offer in the App. If Player does not cancel the subscription within such trial period, the trial subscription will automatically convert into a paid subscription for the fees and for the subscription period set out in the App at the time of the activation of the trial period. Player may cancel a subscription during its free trial period using the subscription setting of the account. Any paid subscription Player activate begins immediately from the activation of such paid subscription and not after the expiration of any trial period. Any unused trial period will therefore be forfeited if a subscription is activated prior to the expiration of such trial period.

Player’s subscription will automatically renew each subscription period unless and until Player terminates the subscription or we terminate it. Player must cancel the subscription before it renews, otherwise payment of the subscription fees for the next period will be taken automatically via the chosen payment method. Player is responsible for the timely payment of all fees and for providing Firecraft with valid credit card or payment account details for payment of all fees. In case the subscription fee cannot be taken from Player’s account due to absence of monetary funds, invalidity of credit card or for any other reason, the subscription will be automatically cancelled.

Subscription rates are based on an amount in U.S. Dollars. If Player is using a local currency, the actual amount may fluctuate based on currency exchange rates without notice. The charges will be applied to the payment instrument or method provided when the subscription was started (or to a different payment instrument or method, if Player changes account information). Please note that prices and charges are subject to change. If we make a change to the monthly subscription rate in U.S. Dollars, we will notify Player of such change in advance.

Once Player has purchased a subscription, Player cannot cancel the subscription for the current subscription period as that is activated as soon as the subscription is purchased. However, Player may cancel the subscription for the next subscription period as follows: Player can manage and cancel the subscription at any time in Player “Account Settings” of Player’s device. For iOS subscriptions, please see Apple’s support page https://support.apple.com/en-gb/HT202039 .

For Google Play subscriptions, please see Google Play’s support page https://support.google.com/googleplay/answer/7018481?hl=en-GB&co=GENIE.Platform%3DAndroid .

Except where required by applicable law, paid subscription fees are non-refundable. Firecraft in its sole discretion and at any time may modify the subscription fee. Any subscription fee change will become effective at the end of the then-current subscription period. Player will be provided reasonable prior notice of any change in subscription fee. If Player does not take action to agree to the increase in subscription fee, the subscription shall expire at the end of the then-current subscription period.

If Player resides in the European Union, Player acknowledge that Player will no longer have the right to cancel under the EU’s Consumer Rights Directive (as implemented by the law of the country where Player is located) once we start to supply the Virtual Item’s or Subscription.

10. Links to Third Party Websites or Resources

The Services and Apps may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. Player acknowledges sole responsibility for and assumes all risk arising from, Players use of any third-party websites or resources.

11. Apple. If Player uses the Services on an Apple device, then Player agrees and acknowledges that:

(i) Apple, Inc. bears no duties or obligations to Player under the Terms, including, but not limited to, any obligation to furnish Player with maintenance and support with respect to the Services;

(ii) Player will have no claims, and Player waives any and all rights and causes of action against Apple with respect to the Services or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance; and

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

12. Survival

Upon any termination, discontinuation or cancellation of Services or a Player account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

13. Warranty Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet Players requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

14. Force Majeure

We are not liable for any changes or problems out of our control, for example changes or problems caused by natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials. This provision does not apply to Players located in the EEA.

15. Limitation of Liability, Waiver of Liability

Player acknowledges that Firecraft, our corporate family, and Firecraft affiliates are not liable:

· For any indirect, incidental, special, exemplary, or consequential damages, including for loss of profits, goodwill, or Data, in any way whatsoever arising out of the use of, or inability to use, the services; or

· For the conduct of third parties, including other players of the service and operators of external sites.

The risk of using the services and external sites rests entirely with Player as does the risk of injury from the services and external sites.

To the fullest extent allowed by law that applies, the disclaimers of liability in these terms apply to all damages or injury caused by the services, or related to the use of, or inability to use, the services, under any cause of action in any jurisdiction, including without limitation, actions for breach of warranty, breach of contract, or tort (including negligence).

To the maximum extent permissible under applicable laws, the total liability of Firecraft, our corporate family, and Firecraft affiliates is limited to the total amount Player has paid Firecraft in the one hundred eighty (180) days immediately preceding the date on which Players first assert any such claim.

If Player has not paid Firecraft, any amount within one hundred eighty (180) days immediately preceding the date on which Player first asserts any such claim, Player’s sole and exclusive remedy for any dispute with Firecraft is to stop using the Services and to cancel the account.

Some states or countries do not allow the exclusion of certain warranties or the limitations/exclusions of liability described above, which means these limitations/exclusions may not apply if Player resides in one of those states or countries.

These limitations/exclusions do not apply to Players located in the EEA. For those Players, if Firecraft fails to comply with these Terms, we are responsible for loss or damage Player suffers that is a foreseeable result of our breach of these Terms or is a result of our negligence. Firecraft is not responsible for loss or damage that is not foreseeable. Loss or damage that is foreseeable if it was an obvious consequence of our breach or if it was contemplated by Player and Firecraft at the time we entered into these Terms.

16. Time Limitation on Claims

Player agrees that any claim Player may have arising out of or relating to the relationship with us must be filed within one year after such claim arose; otherwise the claim is permanently barred.

17. Governing Law and Venue

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its choice of law or conflict of law principles. Further, Player and Firecraft agree to the jurisdiction of the courts in San Francisco, California to resolve any dispute, claim, or controversy that relates to or arises in connection with the Services (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration as set forth below.

18. Dispute Resolution

If Players are having a problem with a Service, many issues can be resolved on one of our forums. Players may find resolution by clicking on the “Support” link on that App. Before bringing a formal legal case, first contact our support team via the App. Most disputes can be resolved that way.

19. Arbitration Agreement. (This Arbitration Agreement applies only to Players in the U.S.)

Player and Firecraft agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. Player acknowledges and agrees that Player and Firecraft are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both Player and Firecraft otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. This “Dispute Resolution” section will survive any termination of these Terms.

If any party disagrees about whether this agreement to arbitrate can be enforced or whether it applies to the dispute, the parties all agree that the arbitrator will decide that issue as well.

Arbitration Rules and Governing Law . The arbitration will be administered by the American Arbitration Association (“AAA) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at https://www.adr.org/arbitration . The U.S. Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process . A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules at https://www.adr.org/arbitration . The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure . Unless Player and Firecraft otherwise agree, the arbitration will be conducted in the county where Player resides. If Player’s claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents Player and Firecraft submit to the arbitrator, unless Player requests a hearing or the arbitrator determines that a hearing is necessary. If Player’s claim exceeds $10,000, Player’s right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision . The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If Player prevails in arbitration Player will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Firecraft will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees . Player’s responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if Player’s claim for damages does not exceed $75,000, Firecraft will pay all such fees unless the arbitrator finds that either the substance of Player’s claim or the relief sought in Player’s Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in U.S. Federal Rule of Civil Procedure 11(b)).

Changes . Notwithstanding the provisions of the “Changes to the Term or Services” section above, if we change this “Dispute Resolution” section after the date Player first accepted these Terms (or accepted any subsequent changes to these Terms), Player may reject any such change by sending us written notice (including by email to legal@firecraftstudios.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of our email to Player notifying Player of such change. By rejecting any change, Player agrees to arbitrate any Dispute between Player and us in accordance with the provisions of this “Dispute Resolution” section as of the date Player first accepted these Terms (or accepted any subsequent changes to these Terms).

Severability and Survival . If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

20. General Terms

These Terms constitute the entire and exclusive understanding and agreement between Firecraft and Player regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Firecraft and Player regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Player may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by Player to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) 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.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

21. Contact Information

If Players have any questions about these Terms or the Services, please contact us at legal@firecraftstudios.com . Our legal address is:

Firecraft Studios Limited Corp

C/O Maples Corporate Services Limited, PO Box 309, Ugland House, Grand Cayman, KY1-1104, Cayman Islands