Terms of Service

1. Subject Matter

1.1 The governing agreement

The terms of this agreement («Terms of Service») govern the relationship between You („you”, “user, “your”, “yours”), and Elephant Games AR LLC and/or its Affiliates («Elephant Games», «us», «our» or «we») regarding your use of Elephant Games games, websites and related services (collectively referred to as «Service»/»Services»). Use of the Service is also governed by Elephant Games Privacy Policy and any other relevant policies, which are incorporated herein by reference. For purposes of these Terms of Service, the term «Affiliates» means, with respect to any party, any person or entity which controls, is controlled by, or is under common control with, such party. This is a legally binding agreement between You and Elephant Games.

Before accessing or using the Service, including browsing any Elephant Games website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an «Account»). By registering for an Account or otherwise using the Service, you represent that you are age 16 or older. You accept full responsibility for any unauthorized use of the Services by minors and are responsible for any use of your credit card or other payment instrument by minors.

If you access the Services through a third-party platform like Apple, Google, Amazon and/or from Social Networking Site (“SNS”) such as Facebook, Google+ etc., you are obliged to comply with the third parties’ terms and conditions as well as these Terms of Services.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

1.2. Updates to the Terms of Service and Privacy Policy

Elephant Games reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service, its Privacy Policy and other relevant Elephant Games policies at any time by posting the amended terms on the Elephant Games Service. If we decide to change these Terms of Service or any related policy, we will post those changes on this page. The changes will be effective when posted. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the current version of our Terms of Service, the Elephant Games Privacy Policy, or any other Elephant Games policy relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.

1.3. Grant of a Limited License to Use the Service

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Elephant Games policies, Elephant Games grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

The following restrictions apply to the use of the Service:

• You shall not create an Account or access the Service if you are under the age of 16. If you are under the age of 16 and use any Elephant Games Services you are obliged to stop use Elephant Games Services immediately and delete your Accounts and any information related to you from the Services. You shall restrict use by minors, and you will deny access to children under the age of 16. — You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. paypal) by minors.

• 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 Service if you have previously been removed by Elephant Games, or previously been banned from playing any Elephant Games game.

• You shall use your Account and/or Service only for non-commercial purposes;

• You shall not use your Account and/or the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.

Furthermore You agree that you will not, under any circumstances:

• Engage in any act that Elephant Games deems to be in conflict with the spirit or intent of the Service or make improper use of Elephant Games support 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 Service, any Elephant Games game or any Elephant Games game experience or without Elephant Games express written consent, modify or cause to be modified any files that are a part of the Service or any Elephant Games game;

• 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 or playing Elephant Games games. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service;

• Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server («Server») used to offer or support the Service or any Elephant Games game environment;

• Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service;

• Attempt to gain unauthorized access to the Service, Accounts registered to others or to the devices, Servers, or networks connected to the Service by any means other than the user interface provided by Elephant Games, 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, or software that is part of the Service;

• Post any information 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 Elephant Games employees, including Elephant Games customer service 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, including without limitation an Elephant Games employee;

• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

• 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 Service or any Elephant Games game, or to obtain any information from the Service or any Elephant Games game using any method not expressly permitted by Elephant Games or conspire in the aforesaid acts;

• Solicit or attempt to solicit personal information from other users of the Service or any Elephant Games game;

• Collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service in any form or medium using our Service;

• Make modifications to, and rent, lease, loan, sell, distribute, copy (except to create a single copy for your own back-up purposes), or create any derivative works based on the Elephant Games Services or the Content, in whole or in part untill we have expressly authorized you to do so in writing;

• Impersonate another person, including without limitation any other user or any Elephant Games employee;

• Obtain advantage or information from our Services using methods not permitted by Elephant Games;

• Use, display, mirror or frame the Services or any individual element within the Services, Elephant Games name, any Elephant Games trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Elephant Games express written consent.

In any way the aforesaid shedule of misconducts is not exhaustive. Elephant Games reserves the right to determine what conduct violates or may violate these Terms of Service or any Elephant Games policy or otherwise may be outside the intent or spirit of these Terms of Service or the Service itself. Any use of the Service in violation of these Terms of Service or any kind of actions set above are strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.

NEITHER ELEPHANT GAMES NOR ITS LICENSORS, IS LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF ANY ELEPHANT GAMES 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 ELEPHANT GAMES SERVICES, RESIDES WITH YOU.

1.4 Accessing the Service

By accessing or using the Service you accept and agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an «Account»), or have an account with the applications provider for your device. If you are between the ages of 16 and 17, you represent that your legal guardian has reviewed and agreed to these Terms. You must provide all equipment and software necessary to connect to the Service. You are responsible for incurring any expenses to access the Service, including but without limitation internet connection or mobile fees.

If you create an Elephant Games account within any Elephant Games Services, you must provide truthful, complete, actual and accurate information to us in creating such account. If there are reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, Elephant Games may suspend or terminate your ability to use or access Elephant Games Services, and refuse any and all current or future use of or access to any or all Elephant Games Services (or any portion thereof).

Elephant Games reserves the right to limit the number of accounts a user can establish. This limit is defined by Elephant Games solely.

Please note that deletion of your personal data from the game may lead to the inability to continue your further gameplay. However the gameplay results that you have achieved until the deletion of your personal data will be saved. You will be able to continue the gameplay after reinstalling the game and providing consent to the processing of your personal data.

You are solely responsible for all your activity while using any Elephant Games Services and for the security of your device system. You should not reveal, send or pass by any other way your username or password to any other person.

You agree to indemnify and hold Elephant Games and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, content providers and any other officials directly or indirectly related to Elephant Games 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 Elephant Games account(s) or whom you have negligently allowed to access your Elephant Games account(s). Elephant Games reserves the right to terminate your Elephant Games account(s) if any activity that occurs with respect to such account(s) violates these Terms of Service, Privacy Policy and/or other Elephant Games policies.

1.5 Suspension and Termination of Account and Service

Without limitation to any other remedies, Elephant Games may delete, suspend, terminate, limit, modify accounts or access to the services or any portions thereof, if Elephant Games suspects or if you have failed to comply with any of the Terms of Services, for any suspected or actual illegal activity, improper use of the Services; with or without any notice to you. Such actions may result in the deleting your account, information, persona, benefits, and in game purchases. Elephant Games is not and will not be held responsible for any information, persona, rankings, benefits and losses incurred, and is under no obligation to refund you for any of this.

Elephant Games may also stop offering and/or supporting the Services including but not limited to any particular game or part of the Services at any time, at which point, your license to use the Services or a part thereof will be automatically terminated. In such event Elephant Games shall not be required to provide refunds, benefits or other compensation to users in connection with such termination. Such actions 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 were in the process of submitting.

1.6 Advertisements in Services.

You understand that the Services may contatin feature advertisements from Elephant Games or third parties. Elephant Games may provide links on the Service 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 Service and/or upgrades (such as virtual in-game items and/or virtual currency). Any charges or obligations you incur in your dealings with these third parties are your sole responsibility. Elephant Games 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 Elephant Games and may collect data or solicit personal information from you. Elephant Games 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. Further, the inclusion of any link does not imply endorsement by Elephant Games of these linked sites.

2. Ownership, User Content, Intellectual property.

2.1. Games and Service

All rights, title and interest in and to the Service (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, recordings of games played using a Elephant Games game client, and the Elephant Games game clients and server software) are owned by Elephant Games. Elephant Games reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service. Unless explicitly stated herein, nothing in these Terms of Services shall be construed as conferring any intellectual property rights or other proprietary rights.

2.2. Accounts

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 Elephant Games, and only for the benefit of Elephant Games.

2.3 User Content

2.3.1. Submission of User Content

«User Content» means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Elephant Games game client or the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and 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 comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Elephant Games in accordance with its Privacy Policy.

2.3.2. Responsibility and Content Monitoring

Elephant Games assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. 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. Our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.

By accepting the Terms of Services, you hereby 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 without limitation chat text or voice communications.

Elephant Games reserves the right to take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Service, including the Privacy Policy or any other Elephant Games policies, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public or could create liability for Elephant Games. Elephant Games is entitled in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or take any other necessary actions with User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If at any time Elephant Games chooses, in its sole discretion, to monitor the Service, Elephant Games nonetheless bears no responsibility for User Content and is not obliged to modify or remove any inappropriate User Content, no compensation will be provided for any ideas, schemes, uses of any information provided. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content and/or take any other appropriate actions.

3. Information Use by Other Members of the Service

3.1 Public Discourse

Elephant Games may provide forums, blogs and/or chat features in the Services, where users can post information. Users may post topics of interest, general information, comments, and sometimes even personal information in these mediums. You understand that Elephant Games is not responsible for any information posted in the Services or whether others will view your information, comments and topics in the same light. Please do not submit, upload, write, or transmit any information in the Services you deem to be confidential. Elephant Games does not and will not bear any responsibility or liability of any use of any such information; no compensation will be provided for any ideas, schemes, uses of any information provided in these medium.

3.2 User’s responsibility for the Content

You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Elephant Games may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Elephant Games violates these Terms of Service.

3.3 Your License to Elephant Games

You hereby grant to Elephant Games an 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, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into device memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Elephant Games the right to authorize others to exercise any of the rights granted to Elephant Games under these Terms of Service. You further hereby grant to Elephant Games 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. Elephant Games does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. Elephant Games has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

3.4 User Interactions

You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services or the games. Elephant Games reserves the right, but has no obligation, to become involved in any way with these interactions and/or disputes. You will fully cooperate with Elephant Games to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Elephant Games 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 Elephant Games’ 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 kind of responsibilities arising out or connected with such claims, demands and damages. Elephant Games is not responsible for any consequences of your interactions with other users. You confirm that in the event that Elephant Games incurs any damages arising out of such disputes You are obliged to reimburse such damages in full amount.

3.5 Disclosure

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 Service to you and may be disclosed: (i) when Elephant Games has a good faith belief that Elephant Games 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 Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with 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 Elephant Games , including to enforce our terms of service.

4. Purchase Terms, Refund and Fees

While using the Services you may purchase, with «real world» money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) «virtual currency», including but not limited to virtual cash or diamonds, all for use in Elephant Games games; (b) «virtual in-game items»; (с) bonus content. You do not in fact «own» the virtual in-game items, virtual currency and the amounts of any virtual in-game items, bonus content, virtual currency do not refer to any credit balance of real currency or its equivalent or reflect any stored value but instead constitute a measurement of the extent of your license. You are only allowed to purchase virtual in-game items, virtual currency, bonus content from us or our authorised partners through the Service, and not in any other way. The provision of virtual in-game items, virtual currency, bonus content for use in Elephant Games games is a service provided by Elephant Games that commences immediately upon acceptance by Elephant Games of your purchase.

Elephant Games may manage, regulate, control, modify or eliminate virtual in-game items, virtual currency at any time, with or without notice. Elephant Games bears no liability to you or any third party in the event that Elephant Games exercises any such rights.

The transfer of virtual in-game items, bonus content and virtual currency is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer virtual in-game items, bonus content or virtual currency to any person or entity or attempt any of the aforesaid, including but not limited to Elephant Games, another user or any third party. In the event of any claims arising out of such actions you bear full responsibility solely.

Elephant Games does not issue any refunds or offer any exchanges of any virtual currency, bonus content and/or virtual in-game items purchased on or through the Services.

IN ADDITION TO THE FOREGOING, YOU ACKNOWLEDGE THAT YOU WILL NOT BE REFUNDED, RECEIVE MONEY, OR BE OTHERWISE COMPENSATED FOR UNUSED VIRTUAL CURRENCY AND/OR VIRTUAL IN-GAME ITEMS, BONUS CONTENT OR OTHER GAME ASSETS WHEN THE SERVICES ARE TERMINATED FOR ANY REASON AND WITHOUT NOTICE OR AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY OR IN ANY OTHER CASE.

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Elephant Games may revise the pricing for the goods and services offered through the Service at any time solely.

4.1. Subscriptions

Elephant Games may from time to time suggest users to purchase a subscription to the games or other services of Elephant Games, which may be referred to as a “Club Membership” or otherwise. By purchasing a subscription, the user may receive discounts on certain Elephant Games games, access to exclusive content and other benefits at the discretion of Elephant Games. The use of a subscription creates certain obligations for the Parties, in particular, the user’s obligation to pay a certain fee for the operation of the subscription. The user independently chooses one of the payment methods offered in the subscription service. The user hereby confirms that he will not use a bank card or other means of payment, unless he has full right to use the appropriate means of payment to purchase a subscription. Elephant Games will not be held liable in any way if the user’s children or other persons acting with or without such consent of the user use the user’s means of payment to purchase a subscription. Elephant Games has the right at any time to unilaterally change the terms of the subscription, including its cost (the cost of a subscription already purchased by the user cannot be changed) without any notification, to cancel the subscription. At the same time, Elephant Games takes no responsibility for the functioning of the subscription, Elephant Games has no obligation to pay any compensation to the user or third parties, to indemnify for losses as a result of the purchase and / or use of the subscription by the user. All subscription terms not directly governed by these terms of use are governed by the terms in the subscription offer.

5. Updates to the Service

You understand that the Service is an evolving one. Elephant Games may require that you accept updates to the Service and to Elephant Games games you have installed on your device or computer. You acknowledge and agree that Elephant Games may update the Service and Elephant Games games, 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.

6. Disclaimer of Warranties

WITHOUT LIMITING ELEPHANT GAMES LIABILITY UNDER SECTION LIMITATION OF LIABILITY BELOW, THE SERVICE IS 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. ELEPHANT GAMES 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.

7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELEPHANT GAMES 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 SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ELEPHANT GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, ELEPHANT GAMES IS NOT OBLIGED TO REIMBURSE ANY DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY (AND ELEPHANT GAMES EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH ELEPHANT GAMES IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF ELEPHANT GAMES OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF ELEPHANT GAMES.

You agree to indemnify, defend and hold Elephant Games (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.

8. Applicable Law, Dispute Resolution

These and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the Republic of Armenia, exclusive of conflict or choice of law rules.

If a dispute arises between you and Elephant Games, we strongly encourage you to first contact us directly to seek a resolution by going to our customer support site at support@elephant-games.com. You agree that any claim or dispute you may have against Elephant Games must be resolved exclusively by the state courts at the place of Elephant Games’ location.

9. Severability

if any part of these Terms or the Privacy Policy or any other Policy is not enforceable, the rest of these Terms, Privacy Policy or any other Policy still applies and is binding and any unenforceable term will be substituted reflecting our intent as closely as possible.

10. Miscellaneous

10.1. Assignment

Elephant Games may assign or delegate these Terms of Service and/or the Elephant Games Privacy Policy, 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 of Service or Privacy Policy without Elephant Games prior written consent, and any unauthorized assignment and delegation by you is ineffective.

10.2. Supplemental Policies

Elephant Games 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.

10.3. Entire Agreement

These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including the Elephant Games Privacy Policy), contain the entire understanding of you and Elephant Games, 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 Service.

10.4. No Waiver

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

The express waiver by Elephant Games of any provision, condition, or requirement of these Terms of Service or the Elephant Games Privacy Policy shall 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 Service, no representations, statements, consents, waivers, or other acts or omissions by Elephant Games shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Elephant Games.

10.5. Notices

We may notify you via postings on the Elephant Games’ web-site, 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 the Elephant Games Privacy Policy shall be in writing and addressed to: Elephant Games AR LLC, Maro Margaryan 2/4, Arabkir, 0051, Yerevan, Armenia. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

10.6. Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms of Service to Elephant Games are of a unique and irreplaceable nature, the loss of which shall irreparably harm Elephant Games and which cannot be replaced by monetary damages alone so that in the event of any breach or anticipatory breach by you Elephant Games 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 Service or any Elephant Games game, 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).

10.7. Force Majeure

Elephant Games shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Elephant Games, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Elephant Games 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.

10.8 Partnership

You agree that your use of the Services does not constitute any joint venture, partnership, employment, or agency relationship between you and Elephant Games as a result of this Agreement.

10.9 Third Parties

No person who is not a party to this Agreement shall have any rights under this Agreement unless such right has been validly assigned to such person in accordance with the terms of this Agreement.

10.10. Language of the Terms

If We provide a translated version of these Terms, Elephant Games Privacy Policy, or any other terms or policy, it is for informational purposes only. If the translated version means something different than the English version, then the English meaning will be the one that applies.