Effective Date: February 2, 2022

This Terms of Service is a contract entered into by and between You (“you” or “User”) and Aquila Interactive Co., Limited. (“Aquila Interactive,” “We,” or “us”) and our affiliates, to the extent expressly stated. These terms and conditions (together with our Privacy Policy, the “Terms of Service” or “Terms”) govern your access to and use of the Aquila Interactive mobile application (our “App”), https://www.aquilainteractive.io (our “Website”) and any software, application, content, functionality, and services (collectively, with the App and Website, the “Service” or “Services”) offered by Aquila Interactive, whether as a guest or registered user.

Please read the Terms of Service carefully before you start to use or access our Services. These Terms contain a mandatory arbitration clause and provide a method to opt-out of such arbitration. This agreement is an electronic contract that sets out legally binding terms. You must accept the Terms to use the App. By using our Services, you accept and agree to be bound and abide by these Terms.

IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS WITHIN THIS TERMS OF SERVICE OR YOU DO NOT MEET OR COMPLY WITH ITS PROVISIONS, DO NOT USE OUR WEBSITE OR OUR SERVICES.

Contents

1. ELIGIBILITY.
2. CHANGES TO TERMS OF SERVICE.
3. USER ACCOUNTS.
4. USER CONTENT.
5. GAME MODIFICATIONS (“MODS”).
6. PROHIBITED USES.
7. TERMS OF SERVICE VIOLATIONS AND TERMINATION.
8. INTELLECTUAL PROPERTY RIGHTS.
9. DIGITAL MILLENNIUM COPYRIGHT ACT.
10. In-Game & In-App Purchases.
11. REFUNDS.
12. THIRD-PARTY CONTENT, ADVERTISEMENTS AND PROMOTIONS.
13. WARRANTY DISCLAIMERS.
14. LIMITATION OF LIABILITY.
15. INDEMNIFICATION..
16. GOVERNING LAW…
17. SURVIVAL.
18. ASSIGNABILITY.
19. WAIVER AND SEVERABILITY.
20. ACCESS OF THE SITE.
21. CONSENT TO USE ELECTRONIC RECORDS.
22. ENTIRE AGREEMENT.
23. CONTACT INFORMATION.

 

 

1. ELIGIBILITY

By accessing or using the Services or creating an Account, you represent and warrant that you are at least eighteen (18) years old, or the age of majority in your jurisdiction; or if you are under the age of majority, you have obtained your parent or guardian’s permission to use the .

If you are under sixteen (16) years old, you cannot use the Services.

If you are between the ages of 16 and the age of majority in your jurisdiction; you may only use the Services under the supervision of a parent or legal guardian. If you are a parent or legal guardian of a user between 16 and the age of majority in your jurisdiction, you agree to monitor your child’s activity on the Services. By allowing your child to use the Service, you are subject to the terms of these Terms and responsible for your child’s activity on the Service.

 

2. CHANGES TO TERMS OF SERVICE

We may revise and update these Terms of Service from time to time in our sole discretion by posting a revised version on the App and Website. All changes are effective immediately when we post them. Aquila Interactive may provide reasonable notice of any material changes, determined at our sole discretion, by e-mailing our registered users. Any revisions to the Terms of Service will take effect on the noted Effective Date, located at the top of these Terms.

You understand that your continued use of the Services following the Effective Date, means that you accept and agree to be bound by these Terms of Service. If you do not accept the Terms of Service in its entirety, you must not access or use the Services after the Effective Date.

 

3. USER ACCOUNTS

You may register for a user Account (“Account”) on the Services. Registered users will be able to access the full array of features found on our platform. In order to register an Account, you will be asked to provide registration information, including your username and email address, when signing up for an Account. Please see our Privacy Policy to learn more about the information we collect and how we use it.

You are responsible for maintaining the security and confidentiality of your Account information, including your password. You agree that you are solely responsible for any and all losses incurred by us or any other user or visitor to the Services due to someone else using your Account as a result of your failing to keep your Account information secure and confidential. You acknowledge that Aquila Interactive is not responsible for third-party access to your Account information or personal information that results from voluntary distribution or theft or misappropriation of your username or password or personal information. It is a condition of your use of the Services that all the information you provide on your Account will be correct, current, and complete.

 

 

4. USER CONTENT

You may be able to send communications, provide public feedback or ratings to us, and otherwise post content (“User Content”) on the Services. Please ensure your conduct and communications, including your User Content, is accurate and respectful of others. User Content may be visible to all users on Aquila Interactive as well as members of the public.

By providing any User Content on Aquila Interactive, you grant us and our affiliates, service providers, licensees, successors, and assigns an irrevocable, non-exclusive, royalty free, fully paid-up, perpetual, worldwide right and license to use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the User Content, (ii) prepare derivative works of the User Content or incorporate the User Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. In addition, so that Aquila Interactive can prevent the use of your User Content outside of the Service, you authorize Aquila Interactive to act on your behalf with respect to infringing uses of your User Content taken from the Service by other users or third parties. In consideration for Aquila Interactive allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to Aquila Interactive regarding our Services, you agree that Aquila Interactive may use and share such feedback for any purpose without compensating you. Our license to your User Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any User Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones.

To ensure a safe and healthy environment, we have the right to:

• Remove or refuse to post any User Content for any or no reason in our sole discretion.
• 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, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users or the public, or could create liability for Aquila Interactive.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
• Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, for any violation of these Terms of Service.

Because we cannot control what users may post, we are not responsible or liable to you or any third party for any User Content posted by you or any users on the Service. User Content is the sole responsibility of the user who posts it and Aquila Interactive cannot guarantee that all User Content will comply with these Terms. Please let us know of any violations of our Content Standards or these Terms by contacting us at: [email protected]

 

5. GAME MODIFICATIONS (“MODS”)

As gamers ourselves, we encourage the use of Mods. Mods are an integral part of the Aquila Interactive community, and we want to be clear on the expectations and guidelines of the use of Mods in connection with the Services.

Any element which you include in your Mod must be your own original work created by you or you must have obtained the necessary permissions to use such materials. Your Mods must not include any malicious code, viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or other content that contains malicious code or in any way damages or interfere with the operation of the Services. Aquila Interactive does not pre-vet or monitor any Mods which are uploaded to the Services and does not monitor, endorse or approve any Mods. Mods are subject to this Terms of Service. You are responsible for the content of any Mods which you create and publish on the Services.

Mods are and shall remain the sole and exclusive property of Aquila Interactive. Without limiting the foregoing, you hereby assign to Aquila Interactive all of your rights, title, and interest in and to all Mods, including but not limited to any copyrights in the content of any Mods. If for any reason you are prevented or restricted from assigning any rights in the Mods to Aquila Interactive, you grant to Aquila Interactive an exclusive, perpetual, worldwide, unconditional, royalty free, irrevocable license enabling Aquila Interactive to fully exploit the Mods (or any component thereof) for any purpose and in any manner whatsoever. You further agree that should Aquila Interactive decide that it is necessary, you will execute any future assignments and/or related documents promptly upon receiving such a request from Aquila Interactive in order to effectuate the intent of this paragraph. To the extent you are prohibited from transferring or assigning your moral rights to Aquila Interactive by applicable laws, to the utmost extent legally permitted, you waive any moral rights or similar rights you may have in all such Mods, without any remuneration. Without limiting Aquila Interactive’s rights or ownership in the Mods, Aquila Interactive reserves the right, in its sole and absolute discretion, to remove Mods from the Services and/or require that a Mod developer cease any and/or all development and distribution of a Mod. Please note that your Account can be subject to disciplinary action in event that you do not comply with Aquila Interactive’s request or this Terms of Service.

You represent and warrant that neither the content you use to create or incorporate into any Mods, nor the compilation, arrangement or display of such content (collectively, the “Mod Content”), infringes or will infringe any copyright, trademark, patent, trade secret or other intellectual property right of any third party. You further represent and warrant that you will not use or contribute Mod Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. In the event that Aquila Interactive learns of the existence of a third party claim related to a Mod, Aquila Interactive reserves the right to remove or block the Mod from the Services.

To create mods, Aquila Interactive may make available Mod tools to you. Provided that you comply with this Terms of Service, and upon your acceptance of an applicable EULA, Aquila Interactive grants to you a non-exclusive, non-transferable, limited, revocable right and license to install, access and use in-game modding tools and any other related tools provided by Aquila Interactive to you to create and distribute mods.

Unless otherwise authorized by Aquila Interactive in writing, Mod developers cannot develop Mods for profit. Accordingly, a Mod cannot be sold, licensed, or rented by any party other than Aquila Interactive, nor can the Mod contain features that would support purchase transactions of any tangible or intangible content.

 

6. PROHIBITED USES

You may use our App and Services only for lawful purposes and in accordance with these Terms of Service. You agree NOT to use the Services:

• In any way that violates these Terms.
• In a way that is inconsistent with the intended use of the Services.
• In a way that may harm the reputation of Aquila Interactive or its affiliates.
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To harass, stalk or threaten other players or Aquila Interactive employees.
• To solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal, proprietary, or private information without his or her permission;
• To solicit money or other items of value from another user, whether as a gift, loan, or form of compensation.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Service.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate Aquila Interactive, a Aquila Interactive employee, another user, or any other person or entity (including, without limitation, by using email addresses or Account names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Aquila Interactive or users of the Services, or expose them to liability.

Additionally, you agree not to:

• Transmit or communicate any content which we reasonably believe to be offensive to players, including language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethically, or otherwise objectionable;
• Use any unauthorized third party programs, including mods, hacks, cheats, scripts, bots, trainers and automation programs that interact with the Services in any way, for any purpose, including any unauthorized third party programs that intercept, emulate, or redirect any communication relating to the Services.
• Make the functionality of the App available to multiple users through any means.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
• Encourage, promote, or agree to engage in any activity that violates these Terms.
• “Frame” or “mirror” any part of the Service or the App.
• Use another user’s Account.
• Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
• Use or develop any third-party applications that interact with our Services or User Content information without our written consent.
• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
• Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Services, including any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Using the Service in order to damage Aquila Interactive, or any related websites, affiliates, or subsidiaries.
• Using the Service to encourage, promote, facilitate, or instruct others to engage in illegal activity.
• Probe, scan or test the vulnerability of our Services or any system or network.
• Otherwise attempt to interfere with the proper working of the Services.

 

7. TERMS OF SERVICE VIOLATIONS AND TERMINATION

Any violation of these Terms of Service shall result in immediate Account termination without prior warning to you and without refund applied to your Account. Additionally, any violation of these restrictions may further subject you to liability for violation of Aquila Interactive’s intellectual property rights and further claims and damages. We may choose to suspend or terminate your Account or ability to access or use the Services at any time, for any or no reason, at our sole discretion, and without notice, refund, or liability of any kind.

You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing your use of all Services. You may delete your Account by accessing your Account settings on the Website or App or by contacting us at: [email protected]. If you delete your Account, Aquila Interactive may still retain certain information associated with your Account for analytical purposes and record-keeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our Service   and our users, or take other actions otherwise permitted by law.  As well, if certain information has already been provided to third parties as described in our Privacy Policy, retention of that information will be subject to those third parties’ policies.

 

8. INTELLECTUAL PROPERTY RIGHTS

The Services and its entire contents, features, and functionality (including but not limited to the Website, App, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Aquila Interactive, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Aquila Interactive hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to use the Service, and download the App on one mobile device, for your personal, non-commercial use, as set forth in these Terms of Service and expressly conditioned upon your Account remaining active, in good standing, and in full compliance with these Terms of Service. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services except as permitted by this Terms of Service. Further you must not use the Services for any other purposes intended to benefit a party other than you.

The Aquila Interactive name, logo, trademarks and all related names, logos, product and service names, designs, and slogans are trademarks of Aquila Interactive or its affiliates or licensors. You must not use such marks without the prior written permission of Aquila Interactive. All other names, logos, product and service names, designs, and slogans on this Services are the trademarks of their respective owners.

If you believe the material contained within the Services violates your intellectual property rights or these Terms of Service, please contact Aquila Interactive at: [email protected].

 

9. DIGITAL MILLENNIUM COPYRIGHT ACT

Aquila Interactive respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any User Content deemed to have been posted or distributed in violation of any such laws.

If you believe that your work has been copied on the Website and/or the Services in a way that constitutes copyright infringement under the Digital Millennium Copyright Act (the “Act”), please email us at [email protected]. In your message, please provide notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the App and/or the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

 

10. IN-GAME & IN-APP PURCHASES

We may provide you with opportunities to acquire virtual content, such as skins or currency, within the games and as a part of the Services (“Virtual Content”). Any Virtual Content you acquire will be associated with your Account. Please note that when you acquire Virtual Content, whether by purchase or by receiving it through other means within the game, we grant you a personal, non-exclusive, non-transferable, non-sublicenseable, revocable, limited right and license to use that Virtual Content in connection with your use of the Services. You cannot transfer (unless we allow it in the functionality of the Services) or redeem Virtual Content for anything not expressly offered within the Services. You can’t obtain any refunds for purchasing a license to access Virtual Content, except as expressly permitted by us. We are not responsible for your use of Virtual Content nor are we responsible for the destruction, deletion, modification, impairment, hacking, or any other damage or loss of any kind caused to Virtual Content, including the deletion of Virtual Content upon the termination or expiration of your account or our reasonable changes to the Services.

Virtual Content is available for purchase in the App (“In-App Purchases”) through the App Store or Google Play, or on the Services through Steam or other payment platforms authorized by Aquila Interactive.

If you choose to purchase Virtual Content or make an In-App Purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third-party account such as Steam or the App Store) (your “Payment Method”) will be charged at the prices displayed to you for the service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Aquila Interactive or the third party account, as applicable, to charge you. You agree to pay all fees and applicable taxes incurred on your Account. We may revise the pricing for any part of the Services at any time. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. We may, from time to time, modify, amend, or supplement our fees and fee-billing methods, and such changes shall be effective immediately upon posting in these Terms or elsewhere on our Website, App or in our games. Except in cases of our gross negligence or willful misconduct, if you fail to pay any fees you owe to us or we have to refund someone due to unauthorized use of a payment made from your account, we may suspend or terminate your account. All fees are non-refundable and non-transferable except as expressly provided in this Terms of Service. All fees and applicable taxes, if any, are payable in local currency unless specified otherwise at the time of purchase. Aquila Interactive has no control over how third parties operate their marketplaces on which you may purchase the Services. In addition, Aquila Interactive has no control over the pricing, payment and billing policies applicable to such purchases from third parties.

 

Automatic Renewal

If you purchase an auto-recurring periodic subscription, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your third-party account (or Account Settings on the App) and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Aquila Interactive App from your device. Deleting your account on Aquila Interactive or deleting the Aquila Interactive App from your device does not cancel your subscription; Aquila Interactive will retain all funds charged to your Payment Method until you cancel your subscription on Aquila Interactive and/or the third party account, as applicable. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.

 

11. REFUNDS

Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. Although we do not issue refunds, you may be eligible for refunds through the third-party retailer, such as Steam or the App Store, from whom you have purchased our Services or if the laws applicable in your jurisdiction provide for refunds. If you are entitled to any refunds from a third-party, you are subject to that third-party’s refund policies and must contact that third-party retailer directly.

YOU AGREE THAT ALL SALES TO YOU OF THE SERVICES, INCLUDING VIRTUAL CONTENT, ARE FINAL. NO REFUNDS WILL BE GIVEN BY AQUILA INTERACTIVE, EXCEPT IN AQUILA INTERACTIVE’S SOLE AND ABSOLUTE DISCRETION.

 

12. THIRD-PARTY CONTENT, ADVERTISEMENTS AND PROMOTIONS

The Services may contain links to third-party products or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any of their products or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.

The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any content or information on the Services.

 

13.   WARRANTY DISCLAIMERS

a. THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. YOU UNDERSTAND THAT AQUILA INTERACTIVE DOES NOT NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICE. AQUILA INTERACTIVE IS NOT RESPONSIBLE FOR: ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM YOUR USE OF THE SERVICE; ANY CONTENT, INCLUDING AQUILA INTERACTIVE CONTENT AND USER CONTENT, POSTED ON THE SERVICE OR TRANSMITTED TO USERS; OR ANY INTERACTION OR CONTACT BETWEEN USERS OF THE SERVICE, WHETHER ONLINE OR OFFLINE.

b. WE PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THE SERVICES, VIRTUAL CONTENT, MODS, MOD CONTENT, OR ANY CONTENT FROM THE APP, OR THE SERVER THAT MAKES THIS SERVICES AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH CASE PORTIONS OF THIS DISCLAIMER MAY NOT APPLY TO YOU.

c. FROM TIME TO TIME, AQUILA INTERACTIVE MAY MAKE THIRD-PARTY OPINIONS, ADVICE, STATEMENTS, OFFERS, OR OTHER THIRD-PARTY INFORMATION OR CONTENT AVAILABLE ON THE WEBSITE AND/OR THROUGH THE SERVICE. ALL THIRD-PARTY CONTENT IS THE RESPONSIBILITY OF THE RESPECTIVE AUTHORS THEREOF AND SHOULD NOT NECESSARILY BE RELIED UPON. SUCH THIRD-PARTY AUTHORS ARE SOLELY RESPONSIBLE FOR SUCH CONTENT. AQUILA INTERACTIVE DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE WEBSITE OR PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE OR SERVICE. UNDER NO CIRCUMSTANCES WILL AQUILA INTERACTIVE OR ITS AFFILIATES OR SUBSIDIARIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON AQUILA INTERACTIVE CONTENT OR OTHER CONTENT POSTED ON THE SERVICE.

 

14.   LIMITATION OF LIABILITY

a. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, THE INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, INCLUDING ANY MODS, MOD CONTENT, THE MOBILE APPLICATION, WEBSITE OR ITS CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE PORTIONS OF THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL WE BE LIABLE OR RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ERRORS IN PRICING OR AVAILABILITY OF SERVICES AND PRODUCTS, IN NO EVENT WILL AQUILA INTERACTIVE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES . OF ACTION EXCEED THE AMOUNT YOU HAVE PAID AQUILA INTERACTIVE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

b.  AQUILA INTERACTIVE SPECIFICALLY DISCLAIMS ALL LIABILITY, DAMAGES, PERSONAL INJURIES AND OTHER LIABILITY OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF, OR RELATING TO, YOUR: USER CONTENT, FINANCIAL DATA, OR ANY OTHER DATA YOU SUBMIT TO AQUILA INTERACTIVE, INCLUDING THE LOSS OR UNAUTHORIZED ACCESS BY A THIRD PARTY OF ANY SUCH DATA; DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE; OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE SERVICE.

c.  THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

 

15.   INDEMNIFICATION

You agree to indemnify and hold Aquila Interactive, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Services, (ii) any violation of these Terms of Service (including negligent or wrongful conduct) by you, (iii) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity, (iv) your User Content, or (v) your Mod or Mod Content. In states where the law does not recognize a cap on liability and/or indemnity obligations, you agree to hold harmless Aquila Interactive and be fully responsible for any loss, liability and/or legal fees that arise from the violation of the Terms of Service herein.

 

16.   GOVERNING LAW

These Terms of Service and any claim arising out of these Terms will be governed by and construed in accordance with the laws of the Hong Kong.

 

17.   SURVIVAL

After this Terms of Service terminates, the terms of this agreement that expressly or by their nature contemplate performance after termination or expiration will survive and continue in full force and effect. For example, the provisions protecting intellectual property, indemnification, payment of fees, and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Terms of Service terminates. Without limiting any other provisions of the Terms of Service, the termination of these Terms for any reason will not release you from any obligations incurred prior to termination of the Terms or that thereafter may accrue in respect of any act or omission prior to such termination.

 

18.   ASSIGNABILITY

You may not assign the Terms of Service, or any of its rights or obligations hereunder, without Aquila Interactive’s prior written consent in the form of a written instrument signed by a duly authorized representative of Aquila Interactive. Aquila Interactive may freely assign this Terms of Service without your consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms of Service are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.

 

19.   WAIVER AND SEVERABILITY

No waiver by Aquila Interactive of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Aquila Interactive to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

 

20.   ACCESS OF THE SITE

Given the global nature of the Internet, you agree to comply with all local rules, including, without limitation, rules about the Internet, data, email, privacy, copyright and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

 

21.   CONSENT TO USE ELECTRONIC RECORDS

In connection with the Terms of Service, you may be entitled to receive certain records from Aquila Interactive or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Services, you give us permission to provide these records to you electronically instead of in paper form.

 

22.   ENTIRE AGREEMENT

This Terms of Service, constitute the sole and entire agreement between you and Aquila Interactive and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, to the extent they relate in any way to the Services.

 

23.   CONTACT INFORMATION

For questions or concerns related to these Terms, please contact us at: [email protected]