TERMS OF SERVICE
Last Updated: May 03rd, 2023
Introduction
Welcome to LTG Multiverse!
These terms ("Terms of Service") is a binding legal document governing the relationship between You („you”, “user”, “end-user”, “customer”, “your”, “yours”), and Long Tale Games LLC, a Delaware Corporation located at 251 Little Falls Drive, Wilmington, DE USA 19808 and/or its Affiliates ("LTG", "us", "our" or "we") regarding your use of LTG Services (collectively referred to as "Service"/"Services") consisting of:
LTG website at https://corp.ltg.com/, all related subdomains of this website and any website directly owned or controlled by LTG (collectively, the “Site”);
the proprietary software developed by LTG designed for publishing video-games, software, any other digital materials and offering them to end-users (the “LTG Multiverse”);
video-games, software, any other digital materials (the “Software”) offered by LTG or that LTG has been authorized to offer end-users for purchase from the respective software developer or publisher (“LTG Licensors”);
physical goods for sale and all other products and solutions offered by LTG.
Please, carefully read these Terms of Service and each part of the Complete Terms that apply to you. If you are below eighteen (18) years of age (or the age of majority where you live), have your parents or legal guardians review this Agreement. By installing, copying and/or otherwise using the Software, you are confirming your acknowledgement and acceptance of, and agreement with, these Terms of Service and each part of the Complete Terms.
Governing Terms and Eligibility
(а) Your access to and use of the Services is subject to these Terms of Service, our Privacy Policy and any other legal documents that govern relationship between you and LTG (collectively, the “Complete Terms”). The Complete Terms may be incorporated into this Agreement by reference and represent the complete agreement between you and LTG relating to your use of the Services.
(b) By clicking a button or tab that signals your acceptance of these Terms of Service (“check-box” or “consent-box”) or otherwise accessing or using the LTG Services, you agree to be bound by these Terms of Service and all terms incorporated herein by reference. If you do not agree to be bound by these Terms of Service, then you may not use or access the LTG Services.
(c) Please, be informed that some third parties’ games and software may be distributed or certain purchases may be offered to you via the LTG Services (the “Licensor’s software”). When downloading or purchasing such Licensor’s software you will be required to agree to the Licensor’s End User License Agreement and other agreements and policies related to such software (“Licensor’s Terms”). The Licensor’s Terms are hereby incorporated into these Terms of Service by this reference. In the event of a conflict between the terms of these Terms of Service and Licensor’s Terms pertaining to the use of the Licensor’s software, the Licensor’s Terms shall supersede and govern your use of the Licensor’s software. However, in the event of a conflict between the terms of these Terms of Service and the Licensor’s Terms pertaining to any other aspect of the LTG Services, these Terms of Service shall supersede and govern your use of the LTG Services.
(d) Please, be informed that our Services and Products are not child-directed. In most cases you must be at least thirteen (13) years of age if you are located in the US, or sixteen (16) years of age if you are located in the European Union, to use any of Services or other age of majority according to the regulations of the applicable jurisdiction (“age of consent”). If you are at the younger age than provided above, you may use the Services only under the supervision and the verifiable consent of a parent or a legal guardian who agrees to be bound by these Terms of Services and for your use of the Services. Furthermore, some Services may be intended only for the users over eighteen (18) years old and older. In such cases you may have access and use such Services only upon when you are at such appropriate age.
Please, be aware that your access to the Services will be terminated without warning at LTG’s sole discretion if we believe that you are under the age specified above for your country/region and you are using the Services without parental/guardian permission.
Your Account at our Services
(a) You may need to create a user-account (“Account(s)”) in order to access certain Services. If you create such account, you must provide truthful and accurate information to us in creating such account and promptly update this information if it changes. LTG reserves the right to limit the number of Accounts a user can establish. This limit may change over time at our sole discretion.
Please, be informed that the creation, functioning and support of the Account will be provided and managed through the special software service (Xsolla Wallet) https://account.xsolla.com/ operated by a third party (“Partner(s)”). By creating an Account you may have to agree with Partner’s terms governing the usage of Xsolla Wallet and other legal agreements. You may find and carefully read these legal documents there https://account.xsolla.com/terms_of_use and there https://xsolla.com/legal-agreements.
Be aware that we do not control Partner’s Services, and we’re not liable for the above-mentioned and any other third-party services, for any transaction you may enter into with them or for what they do. When using third-party services, your security is your responsibility.
(b) You are solely responsible for all activity at the Services and for the security of your Account. You must not reveal your username or password to any other person and must promptly notify us if you discover or suspect that someone else has accessed your Account.
(c) You agree to indemnify and hold LTG and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, content providers and any other officials directly or indirectly related to LTG harmless for any improper or illegal use of any of Services and/or Accounts. This includes illegal or improper use by someone to whom you have given permission to use your Account or whom you have negligently allowed to access such Account. LTG reserves the right to terminate your Account if any activity that occurs with respect to such Account violates these Terms of Service or any part of the Complete Terms.
(d) Hereby we also inform you that LTG may stop offering and/or supporting the Services including but not limited to any particular part of the Services at any time, at which point, your Account and license to use the Services or a part thereof will be automatically terminated. Such circumstances may also result in termination of your Account, disabling of your access to the Services, or any part thereof including any content that may have or was in the process of submission to you.
3. Changes and Updates to the Terms of Service
LTG reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service, any other part of the Complete Terms at any time by posting the amended terms on the LTG Service. If we decide to change these Terms of Service or any related part of the Complete Terms, we will post those changes at the Services. The changes will be effective when posted. You will be deemed to have agreed and accepted such changes by continuing to use the Services. If at any point you do not agree to any portion of the current version of our Terms of Service, or any other part of the Complete Terms relating to your use of the Services, your access, your Account to use the Service shall immediately terminate, and you must immediately cease using the Services.
4. Grant of a Limited License to Use the Services
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant LTG policies, LTG grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Services for your own legitimate purposes.
5. Restrictions and prohibitions on the use of the Services
Please, be informed that the following restrictions and prohibitions apply to your use of the Services:
- you shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself;
- you shall not use the Services if your Account and/or access to the Services have previously been removed by LTG;
- you shall not use your Account and/or the Services to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages.
Furthermore, you agree that you will not, under any circumstances:
- Engage in any act that LTG deems to be in conflict with the spirit or intent of the Services;
- Use or engage (directly or indirectly) in the use of emulators, cheats, exploits, automation software, bots, hacks, mods or any software designed to modify or interfere with the Services without LTG express prior written consent, modify or cause to be modified any files that are a part of the Services;
- Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users' experience when using the Service. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Services to gain an unfair benefit over other users and any other act that intentionally abuses or goes against the design or intent of the Services;
- Disrupt, overburden, or aid or assist in the disruption or overburdening of any software or gear used to offer or support the Services;
- Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Services, or other attempts to disrupt the Services or any other use or enjoyment of the Services by others;
- Attempt to gain unauthorized access to the Services, Accounts registered to others or to the devices, servers, gear or networks related and connected to the Services by any means including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, gear or software that is part of the Service;
- provide any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior;
- provide any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
- make attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of others;
- provide or make available material or information that infringes any intellectual property rights including without limitation copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or such materials or data that impersonates any other person;
- 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 or to obtain any information or data from the Services using any method not expressly permitted by LTG or conspire in the aforesaid acts;
- solicit or attempt to solicit, collect personal information from other users of the Services;
- make modifications to, and rent, lease, loan, sell, distribute, copy (except to create a single copy for the back-up purposes), or create any derivative works based on the Services or the Content, in whole or in part except LTG expressly authorized you to do so in writing on a prior basis;
- impersonate another person, including without limitation any other user or any LTG employee;
Notwithstanding the foregoing the aforementioned schedule of restrictive and prohibited kinds of use of the Services is not exhaustive. LTG reserves the right to determine what conduct violates or may violate these Terms of Service or any part of the Complete Terms or otherwise may be outside the intent or spirit of these Terms of Service. Any use of the Service in violation of these Terms of Service or any kind of actions set above is strictly prohibited, can result in the immediate revocation of your limited license, termination of your Account at LTG sole discretion and may subject you to liability for violations of law.
NEITHER LTG NOR ITS LICENSORS, IS LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF ANY LTG SERVICES (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR DEVICE HARDWARE OR SOFTWARE, RESULTING FROM ANY USE OF THE LTG SERVICES, RESIDES WITH YOU.
6. Advertisements in Services
Please, be informed that the Services may contain feature advertisements from LTG or third parties. LTG may provide links on the Services to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Services and/or upgrades. Any charges or obligations you incur in your dealings with these third parties are your sole responsibility. LTG makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from the Services, and will not bear any responsibility for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of LTG and LTG is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect.
7. Services Ownership, Intellectual property
(a) Except the LTG Licensor’s software all rights, title and interest in and to the Services (including without limitation any games, titles, computer code, 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, character profile information, any other materials and assets) are owned/being licensed to or controlled by LTG. LTG reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its Services. Unless explicitly stated herein, nothing in these Terms of Services shall be construed as conferring any intellectual property rights or other proprietary rights.
(b) You acknowledge and agree that you will have no ownership or other property interest in the Account. You further acknowledge and agree that all interest and rights to the Account are and will be owned in perpetuity by LTG or by a third party as it is determined in Section 2 (a) of these Terms of Services.
8. User Content
(a) The Services may provide you an opportunity to create, upload, publish and display certain content such as communications, images, sounds, material, data, and information (for example at LTG forums) (the “User Content”);
(b) By transmitting or submitting any User Content while using the Services, you affirm, represent and warrant that such transmission or submission is (i) accurate and not confidential or misleading; (ii) 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 comprised in the User Content; (iii) free of viruses, adware, spyware, worms or other malicious code; (iv) not unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate..
(c) You hereby grant LTG a perpetual, irrevocable, worldwide, fully paid up, non-exclusive, sub-licensable, right and license to exploit the User Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised. LTG shall have the unlimited right to copy, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, add to and delete from, rearrange and transpose, manufacture, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to, broadcast, and practice the User Content as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of the User Content or the elements thereof in conjunction with or into any other material. In the event you upload or otherwise transmit to LTG any concepts, ideas, or feedback relating to the Services, you shall not be entitled to any compensation for any such submission, unless expressly agreed between you and LTG, and LTG may freely use any such submission in any manner it deems appropriate. Any such submission by you shall not create any contractual relationship between you and LTG. Except to the extent that any such waiver is prohibited by law, you hereby waive the benefit of any provision of law known as "moral rights" or any similar law in any country of the world.
(d) You further represent and warrant that LTG may remove any User Content and any related content or elements from the Services at its sole discretion.
(e) LTG 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. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content in connection with the Service.
(f) Our representatives or technology may monitor and/or record your interaction with the Services or communications (including without limitation chat text) when you are using the Services. By accepting these Terms of Services, you hereby provide your irrevocable consent to such monitoring and recording.
(g) You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services. LTG reserves the right, but has no obligation, to become involved in any way with these interactions and/or disputes. You will fully cooperate with LTG to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting LTG access to any portions of your Account and any information needed.
If you have a dispute with one or more users, you release us (and LTG’ 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. You solely bear all kinds of responsibilities arising out or connected with such claims, demands and damages. LTG is not responsible for any consequences of your interactions with other users. You confirm that in the event that LTG incurs any damages arising out of such disputes you are obliged to reimburse such damages in full amount.
(h) Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored only in that amount as necessary to provide the Services to you and may be disclosed: (i) when LTG has a good faith belief that LTG is required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where we believe that the Services are being used in the commission of a crime, including to report such criminal activity or to exchange information with law enforcement bodies, other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of LTG, including to enforce these Terms of Services.
9. Privacy Section
(a) You acknowledge that when you download, install or use the Services, LTG may use automatic means (including, for example, cookies and web beacons) to collect information about your device and your use of the Services. You may also be required to provide certain information about yourself as a prerequisite for downloading, installing or using the Services or their certain features or functionality, and the Services may allow you to share information about yourself with others. All information we collect through or in connection with the Services is subject to our Privacy Policy.
(b) By downloading, installing, using or providing information to or through the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy and the relevant LTG Licensor’s privacy policies, but not limited to (where applicable) (i) transferring your personal information we are contractually obliged to transfer to the Licensor, its affiliates, vendors or business partners, or to certain other third parties, such as governmental authorities, upon their lawful request; (ii) receiving your personal information we are contractually obliged to receive it from the Licensor, its affiliates, vendors or business partners; (iii) receiving certain electronic communications from LTG as part of our agreement with you; (iv) sharing your anonymous gameplay data within our Services, in particular in the Xsolla Wallet, to have a clear idea of what you like or dislike about the Services; and (v) other uses and disclosures of your personal information or other information as specified in the above-referenced privacy policies, as amended from time to time.
(c) Remember that you have a right to withdraw your consent to our processing of your personal information, where that processing is based on your consent, at any time. To exercise this right, contact us by filling out and sending the request form at your Account or by sending us an email at support@longtalegames.com. Please, be informed that the exact method of exercising this right will depend on the actual functionality implemented in our Services.
10. Payments. Pricing. Subscriptions
General payment terms and conditions
Please, be informed that certain Software including without limitation the types of Software determined below may be offered to you for purchase via LTG Services. For the avoidance of doubt the word “purchase” or any related terms are referred solely to the transfer of certain license rights in the Software or any other digital item hereunder. LTG does not process any payments for such purchases by itself. Any and all payments, refunds and other transactions will be processed by the authorized LTG Partner or another designated third party (“merchant”) and any purchases will be offered by such merchants. You may be required to create an account with such merchant, and by doing so, you are agreeing to comply with the merchant terms of service and other legal agreements. You may need to provide additional information to verify your identity, business and tax information and your bank information when you register with the merchant. Payment terms and conditions, currency conversion, refund and any other financial terms will be determined in the applicable agreement between you and the merchant. Please, carefully read any legal information related to any transactions between you and such merchant before accepting the offer and/or making any purchase. LTG does not control merchant Services, and is not liable for the above-mentioned and any other third-party services, for any transaction you may enter into with them or for what they do. All related claims, refund and other requests are to be filed to the merchant directly.
Software types:
Pre-orders. A pre-order is a purchase of a Software which will be delivered at a later time, as the Software is still in the process of being developed. The pre-order stage is defined by the lack of access to playable content. As soon as the playable/usable content is provided, the Software is redefined as "Access to the Software".
Subscriptions. A subscription is a Software received on a recurring basis (monthly, quarterly, yearly, etc.). As long as the subscription is paid for, the product is available to the Customer. The Customer can manage the subscription in order to cancel or activate it.
Access to the Software. An access to the Software is a purchase of the Software where access is granted upon payment. The access can be granted via different means such as an activation key, a link to the launcher in the game account, an automatic activation of the account, etc. Different types of access can be sold. As a rule, an access is indefinite and does not expire. However, the Software may offer other in-game purchases such as currency, items, subscriptions, etc.
In-Game Currency and In-Game Items. The Software may enable Customers to (i) use a fictional virtual currency as a medium of exchange exclusively within the Software ("in-game currency") and (ii) gain access to (and certain limited rights to use) virtual goods within the Software ("in-game goods"). In-game currency and in-game items (together "Virtual Items") are pieces of a software code processed on an electronic computing machine as in-game objects that the Customer acquires while performing certain actions within the Software or for a fee. Virtual Items can exclusively be used within the Software; they shall be deemed an integral part of the Software and shall be subject to the license granted to the Customer herein. Virtual Items have no real value and cannot be exchanged for non-game ("real") currency or non-game ("real") property. Any in-game currency balance shown in your Account does not entitle you to its exchange value in US Dollars or any other real currency, unless stated otherwise. Any trading of Virtual Items that you undertake within the Software or on an independent Virtual Currency exchange is at your sole option, discretion and risk. Your purchase of Virtual Items is final and not refundable if otherwise is not stipulated in the applicable merchant’s refund policy.
Premium Account. A premium account is a one-time or recurring purchase of certain in-game features. A premium account may include but is not limited to special items, in-game currency, special avatars, boosters, access to restricted features, etc. Usually several types of products are included in one purchase.
NFT Content. You also may be offered to purchase certain NFT Content subject to separate NFT Terms, which will deemed as part of these Terms to the extent that it does not conflict with it.
(b) Pricing
The purchase price will include the price of the Software plus any applicable taxes in effect at the time of purchase and based on the country data you provide on the download page. Please, be aware that the final cost of your purchase will be determined in accordance with the applicable terms and conditions of the merchant. We kindly ask you to carefully read any legal information related to any transactions between you and such merchant before accepting any offer and/or making any purchase and transactions.
11. Updates to the Services
You understand that the Services are evolving ones. LTG may require that you accept updates to the Services you have installed on your device. You acknowledge and agree that LTG and LTG Licensors may at any time at their own discretion update the Services, with or without notifying you. You may need to update third party software from time to time in order to get access to the Services.
12. Disclaimer of Warranties
WITHOUT LIMITING LTG LIABILITY UNDER SECTION LIMITATION OF LIABILITY BELOW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. LTG DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE 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 GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
13. Limitation of Liability; Sole and Exclusive Remedy; Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LTG 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 OF SERVICE OR THE SERVICES ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LTG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, LTG IS NOT OBLIGED TO REIMBURSE ANY DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY (AND LTG EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH LTG IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.
NOTHING IN THESE TERMS OF SERVICES SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LTG OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF LTG.
You agree to indemnify, defend and hold LTG (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 Service, or any breach by you of these Terms of Service and the Privacy Policy, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
You agree that the aggregate liability of LTG to you for any and all claims arising out of or relating to the use of, access to, or any inability to use or access the Services is limited to $150. Nevertheless, some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the above limitation may not apply to you.
14. Applicable Law, Dispute Resolution
(a) Governing Law
These Terms of Services and any part of the Complete Terms and their interpretation, as well as any disputes that arise hereunder, shall be governed in all respects by the laws of the State of California, USA, excluding its conflicts-of-law rules and without giving effect to any principles that may provide for the application of the law of another jurisdiction. The U. N. Convention on Contracts for the International Sale of Goods is hereby expressly disclaimed.
You expressly agree that for claims and disputes not subject to the arbitration agreement below, exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Services and any part of the Complete Terms shall be determined by final and binding arbitration in Los Angeles, California, before a single arbitrator. You and LTG agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The arbitration shall be resolved by arbitration by one arbitrator (“Arbitrator”) in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association, Applicable Law and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website at www.adr.org, and the provisions of these Terms. Any election to arbitrate by one party shall be final and binding on the other. The place of arbitration shall be Los Angeles, California, USA. The cost of any arbitration shall be shared equally by the parties, but the Arbitrator shall be authorized to enter, as part of the award to a party, an amount equal to reasonable attorneys’ fees and other costs related to the arbitration, and, where appropriate, limited by the AAA Consumer Rules. The Arbitrator may award equitable relief. The Arbitrator’s decision(s) shall be final and conclusively binding on the Parties, and the judgment upon such award may be entered in any court of competent jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone or online. The Arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. The Arbitrator must follow the Applicable Law, and any award may be challenged if the Arbitrator fails to do so. YOU AND LTG AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The Arbitrator shall not consolidate another person’s claims with your claims and shall not preside over any type of representative or class proceeding. The Arbitrator may only award declaratory or injunctive relief in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific subsection is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void.
(b) Limitation of Time to File Claims
Any cause of action or claim you may have arising out of or relating to the Complete Terms must be commenced within one (1) year after the cause of action accrues; otherwise such cause of action or claim is permanently barred.
(c) Disputes
Most concerns can be resolved by use of our LTG Help Center support@longtalegames.com or with your personal manager designated by LTG. If we are unable to resolve your concerns, and a dispute remains between you and LTG, this section explains how we agree to resolve it.
A party that intends to seek arbitration must first send written notice to the other party of its intent to arbitrate («Notice»). The Notice to LTG should be sent by any of the following means: (i) via electronic mail to support@longtalegames.com; or (ii) by sending the Notice by U.S. Postal Service certified mail to Long Tale Games LLC, at the address: 251 Little Falls Drive, Wilmington, DE 19808, United States. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or LTG may commence an arbitration proceeding.
15. Severability
if any part of the Complete Terms is not enforceable, the rest of the Complete Terms still applies and is binding and any unenforceable term will be substituted reflecting our intent as closely as possible.
16. Miscellaneous
(a) Assignment
LTG may assign or delegate these Terms of Services or the Complete Terms, in whole or in part, to any person or entity at any time with and without your consent. You may not assign or delegate any rights or obligations under these Terms of Services or any part of the Complete Terms without LTG prior written consent, and any unauthorized assignment and delegation by you is ineffective.
(b) Supplemental Policies
LTG or LTG Licensors 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 of Service.
(c) Entire Agreement
These Terms of Services and any part of the Complete Terms, any supplemental policies and any documents expressly incorporated by reference herein contain the entire understanding of you and LTG, 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.
(d) No Waiver
The failure of LTG to require or enforce strict performance by you of any provision of these Terms of Service or any part of the Complete Terms or failure to exercise any right under them shall not be construed as a waiver or relinquishment of LTG’s right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by LTG of any provision, condition, or requirement of these Terms of Services or any part of the Complete Terms does not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in these Terms of Services or any part of the Complete Terms, no representations, statements, consents, waivers, or other acts or omissions by LTG shall be deemed a modification of these Terms of Services or any part of the Complete Terms nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed representative of LTG.
(e) Notices
We may notify you via postings at https://corp.ltg.com/, and 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 of Service or any part of the Complete Terms shall be in writing and addressed to (i) an email support@longtalegames.com; (ii) to Long Tale Games LLC, 251 Little Falls Drive, Wilmington, DE 19808, United States. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
(f) Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Services or any part of the Complete Terms are of a unique and irreplaceable nature, the loss of which shall irreparably harm LTG and which cannot be replaced by monetary damages alone so that in the event of any breach or anticipatory breach by you LTG shall be entitled to injunctive or other equitable relief including but without limitation specific performance (without the obligations of posting any bond or surety or proof of damages) in addition to all other remedies available to the Disclosing Party at law or in equity, including but not limited to general, indirect and consequential damages, including lost profit, indemnification for every loss, cost, damage or expense, and other remedies which may be available. The Parties agree that the indemnification of the damages, lost profit, costs shall be made in a full amount. 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 Service 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 7 (if any).
(g) Force Majeure
LTG shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of LTG, including without limitation any failure to perform hereunder due to unforeseen circumstances or caused beyond LTG’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
(h) Partnership
You agree that your use of the Services does not constitute any joint venture, partnership, employment, or agency relationship between you and LTG as a result of this Agreement.
(i) Third Parties
No person who is not a party to these Terms of Services or any part of the Complete Terms shall have any rights under them unless such rights has been validly assigned to such person in accordance with the terms of these Terms of Services or any part of the Complete Terms.
(j) Language of the Terms
If LTG provides a translated version of these Terms of Services or any part of the Complete Terms it is for informational purposes only. If the translated version means something different than the English version, then the English meaning will prevail.
