Terms of Service

Introduction

Please read these Terms of Service (“Terms”) carefully before using our Services. The Terms constitute a binding legal agreement between Aim Games, LLC (collectively, “Aim Games”,  “Aim” “we,” “our,” or “us”) and you (“you” or “your”), and govern your access and use of all  features, content, and other services provided by Aim Games, including without limitation our  website aimgames.co (“Website”) and gaming applications (“App(s)”; collectively with the  Website, “Services“). All references to “you” or “your,” as applicable, mean the person who  accesses, uses, or participates in the Services in any manner, and each of your heirs, assigns, and  successors. 

By registering an account (as described in Section 4), participating in any competitions and  tournaments, clicking to accept or agree to the Terms, or using or otherwise accessing the  Services in any way, you affirm that (a) you have read and understood the Terms and the rights  and obligations set forth herein and (b) you accept, agree to be bound by and abide by these  Terms (including the arbitration agreement and class waiver in Section 20), together with any  other documents expressly incorporated by reference, including without limitation our Privacy  Policy and our Responsible Gaming Policy and (c) you are authorized and able to accept these  Terms and eligible to use our Services (as described in Section 2). If you do not agree to these  Terms (including any document incorporated herein), you may not register an account or  otherwise use or access the Services.

We reserve the right to amend, modify or change the terms and conditions in these Terms at any  time in our sole discretion. All changes will become effective on the earlier of (a) the effective  date of such change in the event a change is reasonably required to comply with Applicable Law  (as defined below) or (b) thirty (30) days after the changes are posted. If you continue to use the  Services after we post revised Terms, your continued use of the Services will constitute your  acceptance of, and agreement to be bound by, such changes. 

1. Our Services 

Aim Games’ Services include a platform to play online games, including but not limited to cash  tournaments and cash competitions, using applications, tools and services that we may provide  from time to time. The Services also include social features that you may choose to engage with. Certain features and competitions may require you to register with Aim Games and create an  account by providing us certain information about yourself. 

We may, without notice to you: (a) modify, suspend or terminate your access to the Services for  any or no reason without liability, and (b) interrupt the Services as necessary to perform  maintenance, error correction or other work. Our Services will evolve over time and we may  limit the available Services to specific version of the Services and/or discontinue certain versions  of the Services at any time in our sole discretion. This means you may be required to update the  Services to the current version from time to time if you want to continue to access the Services. 

We may terminate or disable any user name or Account, or you r access to any portion of the  Services at any time, in our sole discretion, including if in our opinion you may be in violation of  any section of these Terms. Without limiting any other rights or remedies, if you violate these  Terms or if we believe you have violated these Terms, we may determine that your winnings, if  any, will be forfeited, disgorged or recouped by us. In the event that we find or believe that a  user has violated these Terms, we have no obligation to unwind any competition or tournament  played by such user. 

All competitions and tournaments offered on the Services are games of skill. Winners are  determined by objective criteria that will be identified in advance. The individuals who better use  their relevant skill and knowledge and accumulate the highest scores will be the winner(s). Aim  Games uses skill-level matching as a means for matching individuals in competitions. The  Services may not be used for any form of gambling. By using our Services, you hereby agree and  acknowledge your participation is for personal entertainment purposes only. 

2. Eligibility 

By registering an account, accessing or otherwise using the Services, you represent and warrant  that you: (a) are a natural person of at least 18 years of age or older; (b) you own the email  address and other information submitted in relation to your account; (c) have the legal authority  to form a binding contract with Aim Games; (d) are physically located in a jurisdiction in which  participation in the tournaments and competitions that you select in the App is unrestricted and  not prohibited by Applicable Laws (as defined in Section 5 below); and (e) agree to at all times  abide by these Terms and all Applicable Laws. If you do not meet all of these eligibility requirements, you are not permitted to access or use any of the Services and agree that you will  not do so and that Aim Games may suspend or close your account with or without notice. 

Aim Games reserves the right to request proof of age and/ or identity at any stage to verify that  persons under the age of 18 are not using the Services.  

In addition, if you are an employee, consultant, officer, advisor, director of Aim Games or a  subsidiary, affiliated or related company of Aim Games, or if you hold non-public information  about the operation of any competition or tournament provided in the App, you are ineligible to  receive any prize offered in the App.  

By making a deposit or entering a cash contest, you further represent that you are not subject to  backup withholding tax because: (a) you are exempt from backup withholding; (b) you have not  been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding  as a result of a failure to report all interest or dividends; or (c) the IRS has notified you that you  are no longer subject to backup withholding. 

3. Account Registration 

Certain parts within the Services may require you to register for an account (your “Account”).  When you register for an account, you may be asked to provide certain information, including,  without limitation: (a) registering a unique username and password; (b) contact information, such  as your full legal name, phone number, country of residence and zip code and email address; (c)  date of birth and (d) any other information we request on the account registration form. You may  also be asked to verify your phone number, email and location. We may use third party service  providers to verify this information and/or your identity. 

You may establish, maintain, use and control only one account on the Services. Each account on  the Services may be owned, maintained, used and controlled by only one individual and is not  transferrable. 

As the holder of your account, you are solely responsible for complying with these Terms, and  only you are entitled to all benefits accruing thereto. You are responsible for keeping your  account information secure. Please do not share this information with anyone. You may not  allow any other person to: (a) access or use your account; (b) access or use the Services through  your account; or (c) accept or use prizes from your account. Except as required by law, neither  your account nor prizes won from participating in competitions are transferable to any other  person or account. By registering an account, you agree to notify us immediately if you have  lost control of your phone (or other device used to access the Services) or you suspect there is  unauthorized activity in your account. You are fully responsible for all charges, deposits and  withdrawals made under your Account, including any unauthorized charges, deposits or  withdrawals. You also remain fully liable for any actions taken in respect to your account,  regardless of whether these actions were taken by you or an unauthorized third party that has  gained access to your account. 

We reserve the right to verify or cause a third party to verify your account registration details,  such as name, address, age, and payment methods used, at any time, by verifying your information against third party database and/or requesting copies of certain documents, including  an identity card issued by a government agency, proof of address such as a utility bill, or proof of  your payment method. In the event that data verification fails or is not completed by you, Aim  Games may, at its sole discretion, terminate your Account and withhold any funds that are  present therein. 

By entering the account information, you represent and warrant that all the information that you  provided is true, accurate, legal, complete and verifiable and that you will promptly update  information that changes and by providing such information and data, you consent to us  submitting it to third-party providers of age verification, identification and geolocation services  to verify your account. If you submit false, misleading, or incomplete information or fail to  update information we may, in our sole discretion, suspend or terminate your account and such  termination or suspensions may result in the forfeiture of any prizes or other funds in your  account. 

By registering your Account, you also represent and warrant that (a) you have the legal capacity  to agree to these Terms, register an account and participate in any competitions or tournaments,  (b) that you will provide additional information as part of ongoing efforts to prevent illegal and  fraudulent activities, (c) comply with any other policies or protocols we elect to put in place and  (d) that you are using the Services for personal entertainment purposes only. 

We reserve the right at any time to investigate or request that a third party investigate your  account and the information provided pursuant to registration thereof, including performing  background checks and credit checks, in order to ensure compliance with these Terms and our  obligations, and to ensure that no improper or illegal activity is or has taken place. By registering  an account, participating in any competitions and tournaments and accessing or otherwise using  the Services, you affirm consent to such. In the event that we determine that your account has  been involved in any illegal or improper activity, we reserve the right to terminate your account  without notice or liability. 

4. Publication of Results and Other Information 

In order to encourage users to succeed in our games, we may publish data relating to the most  successful users in the games as well as winners of competitions that require an entry fee paid in  the applicable currency (“Cash Competitions”), in our sole discretion, and as required by law.  Publishing data relating to the most successful users will vary according to categories of users  and statistics. We may publish such statistics pertaining to successful users and create informal  competitions between various categories of users in a manner which shall be viewable by all  users of the game. We may also implement leader boards or similar functionality that includes data relating to users’ success and winnings. 

If you participate in a competition or tournament, you expressly consent to our (and our third  party partners) use of your name, user name, voice, likeness, and location in connection with (a)  the publishing of winners of competitions or tournaments pursuant to these Terms and (b) the  development, production, improvement, modification, distribution and exploitation (including  marketing and promotion) of the selected contest and other Aim Games contests and Aim Games 

generally, unless otherwise prohibited by law. You agree that participation in and (where  applicable) the winning of a prize in connection with a contest constitutes complete  compensation for your obligations under this paragraph, and you agree not to seek to charge a fee  or impose other conditions on the fulfillment of these obligations. The rules specific to certain  contests may contain additional publicity obligations or may require a written signature on a  separate publicity waiver. 

By using the Services, you also expressly consent to and permit Aim Games, in its sole discretion  to record your play in any tournament or competition (a “Playthrough”). You further expressly  consent and permit Aim Games and/or any third party partners to use the Playthrough and the  resulting scores and statistics for any purpose, including but not limited to, to improve the  Services, detect fraud, match with other players, teach other players (e.g., players are allowed to  watch Playthroughs) and market, advertise or otherwise promote the Services. Playthroughs may  be used in whole or in part, on a standalone basis or with other materials or Playthroughs. 

5. Compliance with Laws 

You acknowledge that various rules, regulations and laws addressing sweepstakes, contests, and  tournaments with entry fees and prizes may govern your participation in competitions  (“Gaming Laws”) and that Gaming Laws are set up by each individual state, country, territory,  or jurisdiction. We do not offer Cash Competitions to users in any jurisdictions in which such  competitions violate its Gaming Laws (“Prohibited Jurisdiction”), and if you are located in any  Prohibited Jurisdiction (or otherwise fail our geolocation verification) then you may not  participate in Cash Competitions or make deposits or withdrawals. You acknowledge that you are  subject to all applicable laws, including Gaming Laws (collectively, “Applicable Laws”) and  you agree that you will not access any Cash Competition if you are in a Prohibited Jurisdiction.  

In the United States, Prohibited Jurisdictions include: Arizona, Arkansas, Louisiana, Michigan,  South Carolina and additional jurisdictions may limit game types or have other regulatory or  licensing requirements that we have to comply with prior to offering some or all of our games in  those states. We reserve the right to update our legal analysis regarding which jurisdictions are  permitted and revise the list of Prohibited Jurisdictions accordingly, to add new jurisdictions  and/or remove jurisdictions currently designated as prohibited as determined in our sole  discretion. Prohibited Jurisdictions are subject to change. An update to these Terms changing  modifying Prohibited Jurisdictions may be effective with less than thirty (30) days’ notice if such  update is reasonably required to comply with Applicable Laws. 

You are solely responsible for your compliance with all Applicable Laws. Access to competitions  may not be legal for some or all residents of, or persons present in, certain jurisdictions. We  make no representations or warranties, express or implied, as to the lawfulness of your  participation in any competition or use of Services, nor shall any person affiliated, or claiming  affiliation, with us have authority to make any such representations or warranties. Services and  competitions are void where prohibited or restricted by Applicable Law. Your participation in  competitions is at your own risk, and you agree not to hold us responsible or liable if the laws of  your jurisdiction restrict or prohibit your access or participation in the Services. 

We may require you to provide us with proof that you are eligible to access the Services and/ or  participate in any tournaments or competitions available on the App. 

We reserve the right (but have no obligation) independently or through a third party to monitor  the location from which you access the Services (independently or through a third party service  provider), and we may block access from any Prohibited Jurisdiction.  

Aim Games may, in its sole discretion, refuse or block your access to the Services if you (a) are  located in a Prohibited Jurisdiction, (b) utilize proxy servers or any other method to conceal your  location or (c) we cannot accurately verify your location. 

You must also comply with all applicable export and sanction laws and regulations (“Trade  Controls”) and may not use, export, or transfer any portion of the Services or any related  technical information or materials, directly or indirectly, except as authorized by such Trade  Controls. Trade Controls are subject to change, and prohibit the use of the Services by any  individual located in, under the control of, organized in, or a resident of any country or territory  which is the target of sanctions by the U.S. government (currently, Cuba, Iran, Syria, North  Korea, Russia and the Crimea region of Ukraine), or any country upon Aim Games’ sole  discretion due to local legislation requirements or any other reason upon its sole discretion, or  anyone or any entity (or anyone or any entity 50% or more owned by such individual or entities)  on any list of prohibited persons or entities maintained by the U.S.. E.U. or other applicable governments, or by the jurisdictions in which the Services were obtained.  

You must also comply with all Applicable Laws relating to preventing money laundering or other unlawful use, holding or transfer of funds (“Anti-Money Laundering Laws”).  

We reserve the right, in our sole discretion, to review all user accounts for compliance with  Applicable Laws including but not limited to Trade Controls and Anti-Money Laundering Laws.  We may ask you for additional information to verify that you are in compliance with such laws.  

Aim Games may, in its sole discretion, refuse or block your access to the Services (including by  blocking access to your account, blocking deposits or withdrawals to your account), refer your  account to applicable authorities for notification or review or take any other action that we, in  our sole discretion, believe is necessary or appropriate to comply with Applicable Law.  

Without prejudice to any rights or remedies available to Aim Games, if you register an Account  or participate in any competition or tournament in violation of these Terms, we may also, in our  discretion (a) terminate or suspend your Account, (b) void or forfeit all funds in your account,  including but not limited to all winnings, game credits and deposits (if any) in your account,  and/or (c) recoup any amounts that have been withdrawn by you. 

SERVICES AND COMPETITIONS ARE VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAW. 

6. Use Policy

You may use the Services only for lawful purposes. You are solely responsible for all of your activity in connection with the Services. You may use the Services only for personal entertainment. 

You agree, that when you access the Services, you will not (and shall not allow any third party  to): either take any action, upload, submit, post, or otherwise distribute or facilitate distribution of any content or user submission (including User Content) on or through the Services that:  

• Violates any Applicable Law; 

• is illegal, violent, threatening, abusive, invasive of any person’s privacy, harassing,  profane, defamatory, libelous, obscene, sexually explicit, false, deceptive, fraudulent,  misleading, untruthful, tortuous, vulgar, obscene, indecent, offensive, pornographic,  embarrassing, privacy-invasive, or otherwise inappropriate, as Aim Games may  determine in its sole discretion; 

• is spam, including any message not intended for personal communication;

• infringes, misappropriates, uses or discloses without authorization, or otherwise violates  any intellectual property rights or proprietary rights of any third party;  

• violates any right of publicity, or other right of any person or entity, or any law or  contractual obligation, including without limitation rights pursuant to data protection,  anti-spam and privacy laws and regulations; 

• involves commercial activity not expressly permitted by Aim Games; 

• impersonates any individual or entity, including, without limitation, employees or  representatives of Aim Games; or  

• removes, infringes, violates, obscures or alters any copyright or other proprietary notices  contained on or in or otherwise connected to the Services, including any copyright,  trademark, patent, trade secret, mask work right, moral right, privacy right, right of  publicity, trade dress and service mark right, goodwill and third-party rights. 

• interferes with our disrupts any of the Services or any server or network used to support or provide the Services, including any hacking or cracking into the Services;

• interrupts or interferes with any other user’s use of any Services; 

• decompiles any part of the services, or otherwise reverse engineers the underlying code  or transmission protocols; 

• contains any harmful or malicious software or computer codes, files or programs that are  designed or intended to damage, disrupt, interfere with, or limit, the proper functionality  of any software or hardware, or that enables unauthorized access to any system, data, or  other information of Aim Games, its users, or any other individual or entity; (vi) uses or  launches any automated system, including without limitation, “screen scrapers,” “bots,”  “spiders,” “offline readers,” etc., that access the Services in a manner that sends more  request messages to Aim Games’ servers than a human can reasonably produce in the  same period of time; 

You shall be solely responsible for any and all content of any kind that you make available (by  uploading or otherwise) or use through the Services.

You represent and warrant to us that you will not engage in any activity that interrupts or  attempts to interrupt the operation of the Services. Anyone who engages in, participates in, aids  and abets, or displays behavior that may be interpreted, in our sole discretion, as unfair methods  of participating in the Services, including but not limited to:  

• the opening of or access or use of multiple accounts;  

• use of exploits, cheats, bots, undocumented features, design errors, or problems in any  Services to win or otherwise alter the results of any competition or tournament; • Attempt to obtain, or phish for, Account information or other private information from  anyone else on our Services 

• the use of unauthorized or altered software or hardware to assist play;  • intentionally poor play in certain games to achieve competitive advantage; • collusion with other players (e.g., intentionally losing matches in Cash Competitions); ( • deliberate transfer of money between accounts (e.g., money laundering);  • harassment of other participants;  

• posting objectionable material; breach of these Terms;  

• breach of security of your account; or  

• any other act (whether through the use of automated technology or otherwise) that  unfairly alters your chance of winning, constitutes the commission of fraud or violates  Applicable Law (each as determined in our sole discretion) (collectively, “Abuse”), will  be subject to immediate sanction (as determined by us in our sole discretion).  

You further represent and warrant that you will not: 

• Use any Services in a Prohibited Jurisdiction; 

• Sell, but, trade or otherwise transfer or offer to transfer your Account or any personal  access to the Services either within or outside of the Services; 

• Engage in, or assist others engaging in conduct that could damage or impair our property,  including without limitation, (a) copying, distributing, transmitting, displaying,  performing, framing, linking, reproducing, publishing, licensing or creating derivative  works forma nay information, software, products or services obtained from us or  providing unauthorized means through which others may use Services. 

Sanctions for breach of the Terms may include, without limitation: (a) immediate termination of  your account and blocking of your access to the Services; (b) any prizes that you may otherwise  have been entitled to receive shall be void and forfeited; and (c) any prizes received by you shall  be subject to disgorgement and recoupment.  

In addition to the foregoing, we reserve the right to disclose or report any money laundering or  other illegal activity or suspected money laundering or other illegal activity to law enforcement  and regulatory authorities. We may take these actions without issuing a prior warning. 

Any attempt to deliberately damage the Services or undermine the legitimate operation of any  competition is a violation of criminal and civil laws and should such an attempt be made, Aim Games reserves the right to seek damages and other remedies from you to the fullest extent  permitted by law. 

You further acknowledge that the forfeiture and return of any prize as a result of a violation of  these Terms shall in no way prevent Aim Games from pursuing criminal or civil proceedings in  connection with any Abuse. 

7. Cheating, Fraud and Abuse. 

When participating in any tournament or competition via the Apps or using the Services in any  way, you shall not conduct any act which may unfairly alter your chance of winning or constitute  the commission of fraud or abuse (“Fraud”), which may include, without limitation to: (a)  registering and/or using multiple Accounts; (b) using unauthorized or altered software or  hardware to assist play (e.g., including the use of bots, bot nets, jail broken devices or rooted  devices, collusion with bots and/or use of cheat programs such as debuggers, clock-skewing  software and memory scanners); (c) intentionally poor playing to achieve competitive advantage;  (d) colluding with other players (e.g., intentionally losing rematches in Cash Competitions); (e)  deliberately transferring money between Accounts (e.g., money laundering); (f) harassing other  participants; (g) misusing any payment mechanism in connection with your Account; (h)  illegitimately or improperly rejecting the Services; (i) swindling gifts of deposit; (j) decompiling  any part of the services, or otherwise reverse engineering the underlying code or transmission  protocols; and (k) posting objectionable materials. 

If we suspect any Fraud, we may, at our sole discretion: (a) immediately suspend or terminate  your Account and block your access to the Services; (b) void and forfeit any winnings that you  may otherwise have been entitled to receive; (c) disgorge and/or recoup any funds in your  account or withdraw by you; (d) recoup the amount of funds involved in the misuse of a payment  mechanism, and block your access to the Services until those funds are recouped; (e) institute or  seek any injunctive relief, civil and/or criminal penalties against you and/or any of your co conspirators arising out of or relating to your commission of Fraud; and/or (f) disclose or report  any money laundering or similar illegal activity to law enforcement authorities. 

8. Skill Matching 

Aim Games uses skill matching to pair players with other players with similar skill. We aim  to match opponents who are at or near the same level of skill. Skill levels are determined  separately for each game and updated after each contest. Our matchups for you are based on  several factors, including the following, all of which will be determined and applied in our  sole discretion: 

• Number of paid contests played. 

• Scores and results in previous contests. When you beat players of a similar skill level, we  will increase your skill level or find you stiffer competition and vice versa. 

• Length of time playing the game title. 

• Performance in tournaments with different entry fees.

• Skill levels may be measured and/or applied differently for different games, different  game modes and different contest types. 

• Skill rating may be applied differently for different game types (e.g., some games may  have narrower or wider skill band thresholds). 

• Skill ratings may be reset or normalized over time or from time to time. 

As your skill level increases, the difficulty of your matchups may increase as well. Your  opponents may not all have the exact same skill level as you – you may often be matched with  players of slightly greater or lesser skill. As you win more contests, your matchups may keep  getting harder.  

Our games are designed to provide entertainment and challenge, serving as enjoyable pastimes  rather than reliable sources of income. Consistently winning is unlikely, and while short-term  success may be achieved, it's not guaranteed to continue over extended periods. 

Please note that if and when we offer Services in different jurisdictions, you may be matched  with opponents from different jurisdictions, using different currencies. This will not impact the  skill matching and the prizes offered to you. 

9. User-Generated Content and Feedback 

The Services enable users to upload, post, transmit, or share content (“User Content”). User  Content may include, without limitation, content, gameplay, information, materials, messages or  communications.  

This User Content may be used to produce additional User Content, either individually or  collaboratively with other users, by extracting portions of User Content generated by other users.  The User Content, which may include Aim Games’ proprietary materials, is not verified or  endorsed by us. The opinions expressed by other users on the Services do not reflect our values  or opinions. To utilize features that permit you to upload or transmit User Content through the  Services or to communicate with other users, you must adhere to the guidelines outlined in these  Terms. 

By uploading or sharing any User Content through the Services, you represent and warrant that  (a) such User Content complies with these Terms (including without limitation, the Use Policy set forth in Section 6) and all Applicable Laws and (b) you have all rights necessary to post and  

transmit the User Content and to grant Aim Games the license set forth in the next paragraph.  You understand and acknowledge that you are responsible for any User Content you submit or  contribute, and you have full responsibility for such content, including its legality, reliability,  accuracy and appropriateness. WE HAVE NO LIABILITY OR RESPONSIBILITY FOR USER  CONTENT. 

By uploading or sharing User Content, you also agree to, and hereby do grant to, Aim Games a  royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license  to use, host, store, reproduce, modify, adapt, edit, translate, distribute, syndicate, publicly  perform, publicly display, or otherwise transmit, communicate to the public, make available,  make derivative works of all such User Content, or any portion thereof, including without  limitation any name, voice, image are/or likeness as contained in the User Content, in whole or  in part, in any form, media or technology, whether now known or hereafter developed, for use in  connection with the Services and Aim Games’ businesses. Such license will be granted without  further notice, payment or attribution to you. You also grant all other users who can access and  use your User Content on any Services the right to use, copy, modify, display, perform, create  derivative works from, and otherwise communicate and distribute your User Content on or  through the relevant Services without further notice, attribution or compensation to you. 

We do not pre-screen, verify or control any User Content. We do not endorse any User Content.  We reserve the right (but not the obligation) to remove, edit or refuse to transmit any Users  Content for the purpose of enforcing these Terms, or for any other reason in Aim Games’ sole  discretion. We also have the right to take any other action relating to User Content, including but  not limited to cooperating with any law enforcement or authorities or court order or action  requesting or directing us to disclose the identity of any person posting User Content. BY  POSTING USER CONTENT YOU AGREE TO THE FOREGOING AND ACKNOWLEDGE  AND AGREE THAT WE HAVE NO LIABILITY FOR ANY ACTION OR INACTION  RESULTING FROM YOUR USER CONTENT. 

Aim Games may permanently delete your User Content if you delete your account and we have  no obligation to return your User Content to you. 

You may choose to or we may invite you to submit comments or feedback about the Services,  including without limitation about how to improve the Services (“Feedback”). To the extent  permitted by Applicable Law and the terms of service of applicable third party partners,  Feedback includes reviews, ratings and other information you post regarding our Services  (including, without limitations, reviews in your applicable app store, comments or reviews  posted on social media and comments or reviews posted on any other public platform).  Feedback includes photos, user names, ratings and similar information posted by you in  connection with any review, comment or other feedback about the Services. You understand that  your Feedback is gratuitous, unsolicited, and will not place Aim Games under any fiduciary or  other obligation. By submitting any Feedback, you represent and warrant that: (a) you have the  right to disclose the Feedback; (b) the Feedback does not violate the rights of any other person or  entity; and (c) your Feedback does not contain the confidential or proprietary information of any  third party. By sending us any Feedback, you further: (a) agree that we are under no obligation of  confidentiality, express or implied, with respect to the Feedback; (b) acknowledge that we may  have something similar to the Feedback already under consideration or in development; (c) grant  us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify,  prepare derivative works, publish, distribute and sublicense the Feedback; (d) grant us an  irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use the Feedback in 

advertising or marketing materials and (e) irrevocably waive, and cause to be waived, against  Aim Games any claims and assertions of any moral rights contained in such Feedback. This  Feedback section will survive any termination of your account or the Services. 

10. Winnings, Account Funds, Payments, Prize Forfeiture 

All fees and payments for Services that require such (“Fees”) shall be made known to you prior  to entry in any competition or tournament. If you agree to enter a competition, you agree to pay  those Fees associated with entry. All Fees will be paid in US dollars, must be prepaid, and are  non-refundable. You are fully responsible and liable for all charges, deposits and withdrawals  made under your account, including any unauthorized charges, deposits or withdrawals. We may  change the price of Services at any time, but no price change will affect your past purchases. We  may also allow Fees to be paid in currencies other than US dollars in the future. 

We may require you to pay Sales Tax, Value Added Tax, and Goods and Services Tax, as  required by Applicable Law. Please note that all taxes payable will be calculated and added on  top of any withdrawal or deposit amounts, as applicable. You agree to pay us the applicable  charges for any Fees, including applicable taxes incurred by use of your account, using a valid  credit card or other payment method we may accept in accordance with the billing terms and  prices in effect at the time the Fees become payable. You also agree to pay any fees charged by  our third party payment processors.  

We may change Fees or billing procedures with or without notice to you. By providing us (or our  third partner payment processor) with a payment method, you: (a) represent that you are  authorized to use the payment method that you provided and that any payment information you  provide is true and accurate; and (b) authorize us to charge you for the Services using your  payment method. We may bill you: (a) in advance; (b) at the time of purchase; or (c) shortly after  purchase, in our sole discretion. If you believe that you have paid any Fees in error, you must  notify us within thirty (30) days after the error occurs. We will then promptly investigate the  charge. If you don’t notify us within that time, you waive your right to dispute any such error and  we will not be liable for any losses resulting from the error and we will not be required to correct  the error or provide a refund. If we identify a Fee error, we will correct that error within ninety  (90) days of identification. You must pay for all reasonable costs we incur to collect any past due  amounts, including without limitation reasonable attorneys’ fees and other legal fees and costs. 

You are responsible for and agree to reimburse us for all reversals, chargebacks, claims, fees,  fines, penalties and other liabilities incurred by us (including costs and related expenses) that  were caused by or arising out of payments that you authorized or accepted. You understand that  we may suspend or terminate your account if for any reason a charge you authorize us to make to  your credit card or other method of payment cannot be processed or is returned to us unpaid and,  if such event occurs, you shall immediately remit to us payment for such charge through an  alternative payment method. You further understand and agree that we may suspend or terminate  your account, or refer it to legal or regulatory authorities in the event that your account shows  suspicious activity (as determined by us in our sole discretion), enhanced fraud risk (as determined by us in our sole discretion) or for any other reason we determine in our sole  discretion. 

If you play a competition without depositing real money into your account for that competition,  then you are a “Non-Cash Player” with respect to such competition. However, if you deposit real  money into your account and play in a Cash Competition, then you are a “Cash Player.” As a  Cash Player, you hereby acknowledge that we reserve the right to change the following at our  sole discretion, without giving you prior notice: (a) any method for calculating the balance of or  evaluating your funds; and (b) any withdrawal related rules, including the minimum withdrawal  amount, withdrawal methods and withdrawal fees.  

If you are a Cash Player, you will be required to register your Account and keep your registration  information current at all times. If you make a deposit or withdrawal request, you may be  required to submit additional information, including but not limited to the following current and  correct information: your full name, your permanent residential address, copy of your  governmental issued ID, your phone number, and your credit card or other payment information.  You also may be required to fill out a tax form (at the time of account registration, prior to a  withdrawal or at any other point that we determine a form is required in our sole discretion).  Failure to provide the required information may result in our inability to process your deposit or  withdrawal for any winnings. Participating in Cash Competitions may, in our sole discretion,  require establishing a positive account balance prior to entry. If you are a Cash Player, by  submitting this information, you consent to allowing us to share your personal and payment  information in confidence with third-party service providers for the purposes of validating your  identity and assessing the transaction risk associated with accepting your selected method of  payment, and for any other purposes as detailed in our Privacy Policy. If you make a credit card  deposit, we may submit an authorization request to the issuing bank to your credit limit.  

You must promptly notify us of any changes to the credit card account number provided to Aim  Games or our third party payment processor as part of account registration, its expiration date  and your billing address, or if your credit card expires or is canceled for any reason. We are not  liable for any loss caused by any unauthorized use of your credit card or other method of  payment by a third party in connection with the Services. Any attempt to defraud through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to  honor legitimate charges or requests for payment, will result in immediate termination of your  account, forfeiture of funds in your account (including winnings), and pursuit of civil litigation  and criminal prosecution. 

If you are a Cash Player, you may request a withdrawal from your account at any time (provided  that you may only have one active withdrawal request at any time). Your withdrawal request may  not exceed your available account balance and may not be less than $5.00 (unless you are closing  your Account). We reserve the right to issue or process withdrawals solely via payment methods supported by Aim Games and our third party payment providers. In addition, your personal  account (whether it’s a bank account, credit card, PayPal or other) may incur additional fees and  commissions for receiving funds from your Aim Games account. We are not responsible for paying those fees and commissions even if such fees or commissions exceed the withdrawn  amount itself. 

We reserve the right to freeze a User’s account or delay a request for withdrawal of funds  pending completion of any investigation relating to your user activity (including but not limited  to cheating or fraud), verification of identity or to comply with Applicable Law. 

If you are a Cash Player then we may, from time to time in our sole discretion, grant you free  bonus funds and credits (“Bonus Funds”). Bonus Funds can be used to enter Cash Competitions  but cannot be withdrawn or used for any other service. When you enter a Cash Competition, we  may deduct a certain amount of the Bonus Funds as an entry fee. Notwithstanding the foregoing,  additional Bonus Funds will be used to enter Cash Competitions if it is the only currency  available in your account. When you win a Cash Competition, any Bonus Funds that you have  used to pay the entry fee will be returned to you and any additional winnings beyond your entry  fee will be paid in the applicable currency. If you withdraw funds from your account, you will  forfeit all Bonus Funds currently in your account. If you do not enter a Cash Competition within  a continuous sixty (60) day period, all Bonus Funds in your account will be forfeited. We may  change the length of this period at any time in our sole discretion. 

If you win a Cash Competition, you must claim your prize within sixty (60) days of winning the  competition. If you fail to claim your prize within sixty (60) days, Aim Games reserves the right,  in its sole discretion, to forfeit your prize. In the event that you forfeit your prize by failing to  claim it within sixty (60) days, Aim Games shall have no further obligation to you and, at Aim  Games’ sole discretion, may award the prize to another player.  

If you are eligible to receive prizes, we may require that you provide us with proof that you are,  or were at the time of your participation in the competition, eligible to participate in accordance  with these Terms and that your participation was in accordance with these Terms. If you do not provide us with such proof to our reasonable satisfaction, then you will not receive the prize. If you‍ receive‍ a‍ prize‍ in‍ error,‍ we‍ may‍ reverse‍ or‍ require‍ return‍ of‍ the‍ prize. You‍ agree‍ to‍ cooperate with‍ us‍ in‍ our‍ efforts‍ to‍ do‍ this.‍ We‍ may‍ also‍ reduce‍ payment‍ to‍ you‍ without‍ notice‍ to‍ adjust‍ for‍‍ any‍ previous‍ over payment.

If you choose to close your account, any funds in your account will be forfeited. If you want to  withdraw funds from your account before closing it, you must request to do so prior to  terminating your account. If we unilaterally close or terminate your account due to a violation  involving fraud, illegal behavior, or cheating (as determined in our sole discretion) of these  Terms, funds in your account may be forfeited and not returned to you. 

If your account becomes inactive (i.e., you have not entered at least one (1) competition or  tournament) for six (6) consecutive months or more, we reserve the right to charge a  maintenance fee of $2.00 per month (or any amount in the applicable currency up to the  equivalent thereof, the “Monthly Maintenance Fee”) and we may deduct all gems/ bonus cash/  or other virtual items from your Account. The Monthly Maintenance Fee will be deducted from  your account for each consecutive month that it remains inactive. The Monthly Maintenance Fee  will not be deducted from your account if there are no funds in your account. If your Account has no funds and has been inactive for more than twelve (12) consecutive months, your Account  may be closed. 

Unless otherwise required by law, all Fees are final and no refunds are given. 

Competition results and prize calculations are based on the final statistics and scoring results at  the completion of the competition. Once competition results are reviewed and graded, prizes are  awarded. The scoring results of a competition will not be changed regardless of any official  statistics or scoring adjustments made at later times or dates, except in Aim Games’ sole  discretion. 

Aim Games reserves the right to cancel competitions at any time. In the event of a cancellation,  all entry fees will be refunded to you except as specifically provided in these Terms or applicable  competition rules. 

You are solely responsible for recording, paying and accounting to any relevant governmental,  taxation or other authority for any tax or other levy that may be payable on any winnings paid to  you. We may provide you with, or require you to provide, federal or state tax forms and other  appropriate form(s), including without limitation, a form W-9 and it is our policy to file a 1099- Misc or other appropriate form required by the United States Internal Revenue Service (the  “IRS”). Without limiting the foregoing, we may withhold from your existing account balance  and from future winnings any amount required to be withheld by Applicable Law, including  amounts due in connection with your failure to complete relevant tax documentation, but you  remain solely responsible for paying all federal, state and other taxes in accordance with all  Applicable Law. 

11. Virtual Items and Digital Assets 

The Services may include an opportunity to earn or obtain virtual objects, including but not  limited to virtual gems or coins, points, credits, bonuses and collectibles - all for use solely in the  Services (“Virtual Items”). The Services also may include an opportunity for you to create  digital objects (e.g., avatars), which digital objects will also be considered “Virtual Items”.  Virtual Items can be either won or obtained within the Services. We are the sole and exclusive  owner of all Virtual Items and Virtual Items are licensed to you by us for your personal use  through the Services through your Account, subject to the limitations and other terms set out in  greater detail below.  

In the event that any Virtual Item cannot be automatically owned by Aim Games, you hereby  expressly assign all right, title and interest worldwide to Aim Games, including without  limitation all copyrights, patent rights, trademarks, moral rights and all other applicable  proprietary and intellectual property rights. If you have rights to Virtual Items that cannot be  assigned to us, you hereby unconditionally and irrevocably (a) waive the enforcement of such  rights and (b) grant to Aim Games during the term of such rights, an exclusive, irrevocable,  perpetual, transferable worldwide, royalty-free license to reproduce, create derivative works of,  distribute, publicly perform and publicly display such Virtual Items by all means now known or  later developed, with the right to transfer or sublicense such rights.

Virtual Items can never be redeemed or cashed out for “real world” money, goods, or any other  item of monetary value from Aim Games or any other party. You understand that you have no  right, title or property interest in the Virtual Items appearing or originating in any of our  Services, or any other attributes associated with an account or stored on the Services. Your  acquiring of Virtual Items is final and is not refundable, transferable or exchangeable, except in  Aim Games’ sole discretion. You may not transfer, purchase, sell, or exchange Virtual Items  except as permitted from within the Services. You may not attempt to sell, give or trade in the  “real world” anything that appears or originates in the Services, unless otherwise expressly  authorized by Aim Games in writing. 

Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for  “real” money, or exchange Virtual Items for value of any kind outside of the Services, without  Aim Games’ prior written permission. Doing so is a violation of these Terms. Any such transfer  or attempted transfer is prohibited and void and may result in termination of your account and  legal action taken against you. Other than a limited, personal, revocable, non-transferable, non sublicensable license to use the Virtual Items with the Services, you have no right or title in or to  any such Virtual Items appearing or originating with the Services, or any other attributes  associated with use of the Services or stored within the Services. Aim Games retains the right to  manage, regulate, control, modify and eliminate Virtual Items at its sole discretion, and Aim  Games shall have no liability to you or anyone for the exercise of such rights. Prices and  availability of Virtual Items are subject to change without notice. In addition to the foregoing,  Aim Games may selectively remove or revoke Virtual Items associated with your account in its  sole discretion. 

Virtual Items may only be held by legal residents of countries where access to and use of the Services are permitted. Virtual Items may only be acquired or awarded from us or through means  we provide on our Services or otherwise expressly authorized in our Services. Aim Games does  not recognize any purchases or transfers made outside of the Services on any other platform or e commerce website, and shall not be liable for any claims or damages caused to the users with respect to Virtual Items purchased or obtained from third parties, and not through the means  provided within the Services. 

You acknowledge that Aim Games is not required to provide a refund for any reason, and that  you will not receive money or other compensation for unused Virtual Items when an account is  closed, whether such closure was voluntary or involuntary. All Virtual Items are forfeited by you  if your account is terminated or suspended for any reason, in Aim Games’ sole and absolute  discretion, or if the Services are no longer available. If your account is terminated, suspended or  if any Virtual Items are selectively removed or revoked from your account, no refund will be  granted, no Virtual Items will be credited to you or converted to cash or other forms of  reimbursement. 

12. Aim Games’ Intellectual Property Rights 

All title, ownership and intellectual property rights in and to the Services, including but not  limited to the App, Website, images, text, graphics, illustrations, trademarks, brands, service marks, trade dress or “look and feel”, copyrights, photographs, audio, videos and music, logos,  designs, Virtual Items (as defined below), and any part thereof, including derivative works or  modifications thereof and all related underlying intellectual property, of Aim Games and other  companies providing services to Aim Games, are the property of Aim Games or their respective  owners. Such material is protected by United States and international copyright, trademark,  patent trade secret and other proprietary rights laws. We reserve all rights not expressly granted  herein. As a user of the Services, you agree to use the Services solely as set forth in these terms  and you agree not to copy, reproduce, publish or borrow any of the aforementioned content or  trademarked work without explicit permission from Aim Games or the owner thereof. Except as  explicitly provided herein, nothing in these Terms shall be deemed to grant you or any other  party any rights or license in or under any such intellectual property rights, express or implied or  by way of estoppel and you agree not to sell, license, rent, modify, distribute, copy, reproduce,  transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from  any materials or content accessible on the Services. . No title to any of the foregoing is  transferred to you.  

Except as expressly set forth herein, no right or license is granted hereunder, express or implied,  to any intellectual property rights and your use of the Services does not convey or imply the  rights to use the Services in combination with any other information or products. 

13. License to use the Services 

Subject to these Terms, we grant to you a personal, revocable, non-exclusive, limited, non transferable, non-assignable, non-sublicensable license to install and access the Services on a  Device owned or controlled by you, solely for the purpose of accessing and using the Services in  accordance with these Terms for your personal non-commercial use. You may not network the  software among devices. You may not directly or indirectly, or authorize any person or entity to:  (a) reverse engineer, decompile, disassemble, re-engineer, reduce to human readable form or  otherwise create or attempt to create or permit, allow, or assist others to create the source code of  the Services, their structural framework or any data related thereto; (b) copy the Services; (c)  create derivative works of the Services; (d) use the Services in whole or in part for any purpose  except as expressly provided herein; (e) disable or circumvent any access control or related  device, process or procedure established with respect to the Services; or (f) remove, alter or  obscure ay copyright or other proprietary notices incorporated on or in the Services.  

You will also not expose, capture, retain, aggregate, store, copy, market, modify, reverse  engineer, decompile, disassemble, exploit or otherwise attempt to discover the data involved in  the Services or allow any third party to do the same. 

The license set forth above is for your personal non-commercial use and you shall not make the Services available to third parties or use the Services on behalf of third parties. 

You are responsible for all use of the Services that is under your possession or control.

14. Third-Party Services

The Services may provide links to third-party websites, applications, services, offerings, products  or other activities (“Third-Party Services”) that are not owned or controlled by us. These links  may or may not be obvious. These links are provided as a convenience to you and do not signify  that Aim Games endorses or is liable in any way for the content, products, services or materials  displayed or offered by such Third-Party Services. Your use of such Third-Party Services is made  at your own risk and shall be subject to the terms governing use of such Third-Party Services.  You acknowledge that Aim Games has no direct or indirect liability for your use of Third-Party  Services. Any problems or complaints that you may have with regard to such Third-Party  Services should be directed to such third parties. You understand that when you click on these  links any data which you provide afterwards is subject to that third party’s terms of service and  privacy policy, and not to our Terms or our Privacy Policy. We take no responsibility for the  content, safety, privacy, or security of any Third-Party Services. You shall hold us harmless from  any losses sustained by you or harm caused to you relating to or resulting in any way from any  third-party content. 

If you have downloaded the Apps from the Apple, Inc. (“Apple”) App Store or if you are using  the Apps on an iOS device, you acknowledge that you have read, understood, and agree to the  following notice regarding Apple. These Terms are between you and Aim Games only, not with  Apple, and Apple is not responsible for the Services and the content thereof. Apple has no  obligation whatsoever to furnish any maintenance or support services with respect to the  Services. To the maximum extent permitted by Applicable Law, Apple has no other warranty  obligation whatsoever with respect to the Services. Apple is not responsible for addressing any  claims by you or any third party relating to the Services or your possession or use of the  Services, including: (a) product liability claims; (b) any claim that the Services fail to conform to  any applicable legal or regulatory requirement; and (c) claims arising under consumer protection,  privacy, or similar legislation. Apple is not responsible for the investigation, defense, settlement  and discharge of any third-party claim that the Services or your possession and use of the Apps  infringe that third party’s intellectual property rights. You agree to comply with any applicable  third-party terms when using the Services. Apple, and Apple’s subsidiaries, are third-party  beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right  (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located  in a country that is subject to a U.S. Government embargo, or that has been designated by the  U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S.  Government list of prohibited or restricted parties. Except as provided herein, there are no other  third-party beneficiaries to these Terms. 

15. Limitation of Liability 

By using the Services, you understand and agree that Aim Games’ liability in connection with  your use of the Services is as set forth below. Under no circumstances shall Aim Games, its  parents, subsidiaries or affiliates, or the directors, officers, employees, agents, successors or  assigns or other representatives of them (collectively, the “Aim Games Entities and  Individuals”) be liable to you or any other person for any loss or damages of any kind 

(including, without limitation, for any special, direct, indirect, incidental, exemplary, economic,  punitive, or consequential damages) that are directly or indirectly related to: (a) the Website, the  Services, or your uploaded information; (b) the use of, inability to use, or performance of the  Services; (c) any action taken in connection with an investigation by Aim Games or law  enforcement authorities regarding your use of the Services; (d) any action taken in connection  with copyright owners; (e) any action or inaction taken in connections with your Account or (f)  any errors, omissions or defects in the Services’ technical operation, even if foreseeable or even  if the Aim Games Entities and Individuals have been advised of the possibility of such damages,  whether in an action of contract, negligence, or strict liability tort. In no event will the Aim  Games Entities and Individuals be liable to you or anyone else for loss or injury, including,  without limitation, death or personal injury, arising from your use of the Services. Some states do  not allow the exclusion or limitation of incidental or consequential damages, so the above  limitation or exclusion may not apply to you. In such cases, our liability will be limited to the  fullest extent permitted by Applicable Law. 

In no event shall the Aim Games Entities and Individuals’ total liability to you or any third  parties for all damages, losses, or causes of action exceed in the aggregate one hundred U.S.  Dollars ($100). The Aim Games Entities and Individuals are not responsible for any damage to  your and any third parties’ computer, hardware, computer software, or other equipment or  technology including, without limitation, damage from any security breach or from any virus,  bug, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission,  computer line or network failure or any other technical or other malfunction. If you are  dissatisfied with any of the Services, your sole and exclusive remedy is to discontinue accessing  and using the Services. You recognize and confirm that in the event you incur any damages,  losses or injuries that arise out of Aim Games’ acts or omissions, the damages, if any, caused to  you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of  any Services or other properties owned or controlled by Aim Games Entities and Individuals, and  you will have no rights to enjoin or restrain the development, production, distribution,  advertising, exhibition or exploitation of the Services, your uploaded information on the  Services, or any and all activities or actions related thereto. 

By accessing the Services, you understand that you may be waiving rights with respect to claims  that are at this time unknown or unsuspected. Accordingly, you agree to waive the benefit of any  law that otherwise might limit your waiver of such claims, including, to the extent applicable,  California Civil Code section 1542, which provides: “A general release does not extend to claims  that the creditor or releasing party does not know or suspect to exist in his or her favor at the time  of executing the release and that, if known by him or her, would have materially affected his or  her settlement with the debtor or released party.” 

16. Disclaimer of Warranties 

You acknowledge and agree that you assume full responsibility for your use of the Services and  any other User Content and/or Feedback you upload to or make available through the Services.  You acknowledge and agree that your use of the Services is at your own risk. You acknowledge  and agree that any information you send or receive during your use of the Services may not be secure and may be intercepted or later acquired by unauthorized parties. All information  provided on the platform is subject to change without notice. 

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ALL SERVICES,  PRODUCTS, INFORMATION AND DATA PROVIDED OR MADE AVAILABLE BY US ARE  “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EITHER  EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED  TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR  PURPOSE, OR NON INFRINGEMENT. NEITHER THE COMPANY NOR ANY PERSON  ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION  WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY,  ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE  FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE  COMPANY REPRESENTS AND WARRANTS THAT THE SERVICES OR THE FUNCTIONS  CONTAINED IN THE SERVICES, YOUR ACCOUNT, SOFTWARE, VIRTUAL ITEMS OR  ANY ITEMS, PRODUCTS, INFORMATION AND DATA PROVIDED BY US WILL BE  SECURE, VIRUS-FREE, UNINTERRUPTED, ERROR FREE OR RELIABLE, THAT  DEFECTS WILL BE CORRECTED, OR THAT THE SAME WILL FUNCTION PROPERLY  IN COMBINATION WITH ANY THIRD PARTY COMPONENT, TECHNOLOGY,  HARDWARE, SOFTWARE OR SYSTEM, OR THAT ANY SERVICES, PRODUCTS,  INFORMATION AND DATA PROVIDED BY US WILL OTHERWISE MEET YOUR NEEDS  OR EXPECTATIONS. 

In addition, Aim Games is not responsible in any way for the games you play or for your Device,  including for any communication or other errors in such games or Device, and such errors might  be counted as losses in competitions you participate in. Aim Games is not responsible for any  User Content made available on the Services. Aim Games does not provide any warranty  regarding the Services, Website or any service or content made available through the Services  and expressly disclaims: availability, accuracy of the information displayed about game statistics,  technical errors in the games, usability, quality, appropriateness, reliability, latency or loss of  internet connectivity, timeliness, serviceability, warranty of title, non-infringement,  merchantability, legality, or fitness for particular purpose. Aim Games does not warrant or  guarantee protection from viruses or other computer system malware. Aim Games does not claim  or guarantee that the Services shall be uninterrupted, or that Services shall be error free. Aim  Games does not guarantee that any competitions you participate in will be fair or that other  players will not cheat in such games. We do not and cannot guarantee that use of our Services  will generate you any profits. We do not take responsibility for any losses to your account. Some  jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above  disclaimer may not apply to the extent such jurisdiction’s law is applicable to this agreement. In  such jurisdictions, liability of Aim Games shall be limited to the fullest extent permitted by  Applicable Law. Additional disclaimers may appear within the Services and are incorporated  herein by reference. To the extent any such disclaimers place greater restrictions on your use of  the Services or the content contained therein, such greater restrictions shall apply. This limitation  of liability shall apply to third party claims as well as claims between the parties. 

UNDER NO CIRCUMSTANCES SHALL AIM GAMES, ITS AFFILIATES, OR OUR OR  THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS OR OTHER  REPRESENTATIVES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGE, LOSS OR  INJURY RESULTING FROM OR ARISING OUT OF (A) USE, ACCESS OR ATTEMPTED  USE OR ACCESS OF SERVICES, VIRTUAL ITEMS, OR SOFTWARE, (B)  DOWNLOADING ANY INFORMATION FROM THE SOFTWARE OR SERVICES, AND/OR  (C) VIOLATIONS OF THESE TERMS BY OTHER USERS.  

WE HAVE NO RESPONSIBILITY TO ENFORCE THESE TERMS FO THE BENEFIT OF ANY USER. 

If Applicable Law does not allow all or any part of the above disclaimers of warranties or  limitation of liability to apply to you, the limitations or disclaimers will apply to you only to the  extent permitted by Applicable Law. 

17. Indemnification 

You agree to at your own cost and expense defend, indemnify, and hold Aim Games and the Aim  Games Affiliated Entities and each of their partners and employees harmless from any loss,  damage, judgment, claim, cause of action, liability, cost, demand, fee or expense, including  reasonable attorneys’ fees, arising in any way from your use of or access to the Services,  including, without limitation: (a) any data or work transmitted or received by you; (b) your  violation of these Terms, including without limitation, your breach of any of the representations  and warranties herein; (c) your violation of any third-party right, including without limitation any  right of privacy, publicity rights or intellectual property rights; (d) your violation of any Applicable Law; (e) any claims or damages that arise as a result of any of your User Content or  Feedback or any other content that is submitted via your account; (f) any other party’s access and  use of the Service with your Account; (g) your negligence or misconduct; (h) any other claim  made by any third party in connection with your use of the Services and (i) Aim Games use of  your information. Upon the written request of Aim Games, you shall, at your cost and expense,  defend us from any of the foregoing using counsel reasonably acceptable to us. Without limiting  the foregoing, you will cooperate fully and as reasonably required in connection with Aim  Games defense of any claim. We reserve the right to assume the exclusive defense and control of  any matter otherwise subject to indemnification by you and you shall not in any event settle any  such matter without our prior written consent. 

18. Device Information 

Using the Services requires an internet connection to our servers, and we may need to collect  certain information from you and your internet-enabled device (“Device”) in order to make the  Services available to you, such as hardware system profile data, internet connection data and any  other data related to the operation of the Services from any device that logs onto the Services  using your account. 

We do not warrant that our Services will work on all Devices. You are solely responsible for  obtaining and maintaining compatible Devices necessary to access and use our Services, as  updated from time to time. 

19. Disclaimers; Services. 

Aim Games reserves the right at any time to modify, suspend, discontinue, or terminate,  temporarily or permanently, the Services, with or without notice. You agree that Aim Games  shall not be liable to you or any third party for any modification, suspension or discontinuance of  the Services. 

Aim Games may permanently or temporarily terminate, suspend, or otherwise refuse to permit  your access to the Services without notice and liability upon any violation of these Terms. Upon  termination for any reason, your right to use the Services will immediately cease and you  continue to be bound by these Terms. 

We do not guarantee that the Services will be available at all times or at any given time or that  we will continue to offer the Services for any particular length of time. We may change and  update the Services without notice to you. We make no warranty or representation regarding the  availability of the Services and reserve the right to modify or discontinue the Services in our sole discretion without notice, including for example, ceasing a competition or other Services for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES MAY BE TERMINATED IN  WHOLE OR IN PART AT OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF  THE SERVICES. 

20. Dispute Resolution/ Arbitration /Class Action Waiver 

The costs of arbitration will be governed by the rules of JAMS and, unless otherwise determined  by the arbitrator, each party will bear its own legal fees. To the extent the filing fee charged to  any individual claimant for arbitration exceeds the cost of filing an individual lawsuit, the  arbitrator may require Aim Games to pay the additional cost. You are responsible for your own  attorneys’ fees unless the arbitration rules or Applicable Law provide otherwise.  

Notwithstanding the foregoing, either party may: (a) bring an individual action in small claims  court, or (b) seek injunctive or equitable relief in a court of competent jurisdiction to protect  intellectual property rights or prevent unauthorized use of the Services. 

You may opt out of this arbitration agreement and/or the class action waiver by sending a  written notice of your decision to opt out of one or both of these provisions to  support@cashoutclub.com within 30 days of first accepting these Terms. The notice must be sent  within 30 days of your first use of the Services, or the issuance of a materially changed clause,  whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the  terms of those paragraphs. If you opt out of a new clause, the prior clause will continue to govern  any disputes between you and Aim Games. If you opt out of arbitration, Aim Games also will not  be bound to arbitrate. You agree that, if at some point in the future Aim Games removes Section

20 entirely, restoring the right to proceed in court, no opt out from that change would be  required.  

The parties understand that, absent this mandatory provision, they would have the right to sue  in court and have a jury trial. They further understand that, in some instances, the costs of  arbitration could exceed the costs of litigation and the right to discovery may be more limited  in arbitration than in court. 

To the extent permitted by Applicable Law, any claim or dispute under these Terms and related to  your access or use of the Services must be filed within one (1) year from the date of the cause of  action. If a claim or dispute is not filed within one year, you acknowledge that you shall have  waived and will be deemed permanently barred from bringing such dispute. 

With the exception of any of the provisions in the class action waiver, if an arbitrator or court  decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of  this agreement to arbitrate shall still apply. 

Aim Games will provide 30 days’ notice of any material changes affecting the substance of this  Section 20. Changes will become effective on the 30th day. If you continue to use the Services  after the 30th day, you agree that any unfiled claims are subject to the revised clause. 

21. Modification of Terms or Services 

We reserve the right, at any time in our sole discretion, to amend or replace any part of these  Terms and any document referred to herein, or any part thereof, at any time, without prior notice.  You agree that we may notify you of any updated or new Terms by posting notice on the Services  so that they are accessible via a link from the home page or by providing you notice at the email  address associated with your account. Except as explicitly set forth herein, all such changes are  effective immediately when we post them, or such later date as may be specified in the notice of  updated Terms. Your continued use of the Services after such notice confirms your consent to  and acceptance of such amendment. The most current version of these Terms will govern your use and access of the Services, including without limitation any content made available on or  through the Services. If you object to any such changes, your sole recourse is to cease accessing  the Services. 

We reserve the right, at any time and from time to time, temporarily or permanently, with or  without notice, in whole or in part, to: (a) stop offering or supporting the Services or any  particular game or part of the Services; (b) terminate or suspend your license to use the Services  or any part of it; (c) modify or discontinue the Services; (iv) modify or remove any of the  information contained in the Services; (d) limit the Services’ availability to any person,  geographic area, or jurisdiction we choose; (vi) charge fees in connection with the use of the  Services; (e) modify or waive any fees charged in connection with the Services; and (f) offer  opportunities to some and all users of the Services. If that happens, Aim Games is not required to  provide refunds, benefits or other compensation to players in connection with discontinued  elements of the Services or for virtual goods previously awarded or purchased. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, in whole or in part. Your continued use of the Services after such changes will  indicate your acceptance of such changes in the Services and in these Terms. 

22. Copyright Complaints 

If you believe that any User Content uploaded or posted to, or otherwise made available on, the  Services infringes upon any copyright which you own or control, you may submit a notification  pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following  information in writing (see 17 U.S.C. Sec. 512(c)3 for further detail: 

(i) Identification in sufficient detail of the copyrighted work or intellectual property  claimed to have been infringed, or, if multiple copyrighted works are covered by a  single notification, a representative list of such works; 

(ii) identification of the URL or other specific location that contains the material that is  claimed to be infringing or to be the subject of infringing activity and that is to be  removed or access to which is to be disabled. You must provide us with reasonably  sufficient information to locate the infringing material; 

(iii) A physical or electronic signature of the owner of the copyright or a person  authorized to act on the owner’s behalf; 

(iv) A statement that you have a good faith belief that the use of the material in the  manner complained is not authorized by the copyright owner, its agent, or the law;  and 

(v) A statement that the information in the notification is accurate and under the penalty  of perjury that you are authorized to act on behalf of the owner of an exclusive right  that is allegedly infringed. Please include your name, mailing address, telephone number, email address and direct your notification by email to support@cashoutclub.com or by regular mail to DMCA Complaints, 1550 We. Horizon Ridge Pkwy Ste R, #3056,  Henderson, NV, 89012. 

Upon receipt of a proper notification, we may remove or disable access to the allegedly  infringing material and promptly notify the alleged infringer of your claim. We may also  advise the alleged infringer of the DMCA statutory counter notification procedure, by which  the alleged infringer may request that we restore the material. Please note that notification of  infringement is a serious legal matter and you may be liable for damages pursuant to  Applicable Law if you knowingly misrepresent information in an infringement claim. 

23. Governing Law and Jurisdiction 

For any dispute, including any petitions to compel arbitration, these Terms shall be governed by  and construed in accordance with the laws of the State of Delaware, U.S., without regard to  conflict of law principles thereof. For all disputes not subject to arbitration, you hereby consent  to the exclusive jurisdiction and venue of the state and federal courts in Las Vegas, Nevada, U.S.  and waive any objections as to personal jurisdiction or as to the laying of venue in such courts  due to: (a) inconvenient forum or (b) any other basis or any right to seek to transfer or change  venue of any such action to another court. 

24. No Waiver and Force Majeure 

Aim Games’ failure to exercise or enforce any right or provision in these Terms shall not be  considered a waiver of such right or provision, unless agreed upon in writing. Aim Games will  not be responsible for any failures to fulfill any obligations due to causes beyond its reasonable  control. 

25. Term and Termination 

These Terms apply from the date that you accept them as provided herein. You may terminate your Aim Games account at any time and for any reason by sending us a support request at:  support@cashoutclub.com or following the instructions provided on the Website or App. Upon  termination of your account, you must immediately discontinue use of the Services and your  account. Immediately upon termination of your account, all licenses and rights granted to you  under these Terms automatically terminate, without affecting your obligation to pay accrued  Fees. 

26. Survival 

Any and all terms and conditions within these Terms that should, by their nature, survive termination of your account, will survive such termination, including: Compliance with Laws, Prohibited Uses, Limitation of Liability, Winnings, Account Funds and Payments, Prize  Forfeiture, Disclaimer of Warranty, User Generated Content/Feedback, Indemnification, Aim Games’ Intellectual Property Rights, Term and Termination, Agreement to Arbitrate/Class Action Waiver, and Governing Law, Modification of Terms. 

27. Assignment of Rights 

You may not transfer, assign, sub-license, or pledge in any manner whatsoever your account or  any of your rights or obligations under these Terms. Aim Games may transfer, assign, sub license, or pledge in any manner whatsoever any of its rights and obligations under these Terms  to any subsidiary, affiliate, or successor thereof or to any third party whatsoever, without  notifying you or receiving your consent. 

28. Notification Procedures 

Aim Games may provide notifications, whether such notifications are required by law or are for  marketing or other business-related purposes, to you via email notice, written or hard copy  notice, or through conspicuous posting of such notice on the Services, as determined by Aim  Games in our sole discretion. Aim Games reserves the right to determine the form and means of  providing notifications to you, provided that you may opt out of certain means of notification as  described in these Terms or Aim Games’ Privacy Policy. 

29. Entire Agreement and Severability of Clauses 

The Terms posted on this page, and the policies and agreements that are incorporated herein by  reference, as amended, constitute the entire Terms between you and Aim Games. If any part of  these Terms is held by a court of law to be invalid or unenforceable, that portion shall be construed in a manner consistent with Applicable Law to reflect the original intentions of the  parties, and the remaining portions shall remain in full force and effect. 

30. Language 

You acknowledge that these Terms, and all related documents (including any Rules and the  Privacy Policy) have been prepared in English. If these Terms are translated into another  language, the English language text shall in any event prevail. 

31. Contact Us 

If you have any questions about these Terms or Aim Games’ Services in general, please contact  us at: support@cashoutclub.com. Subject to the content of your inquiry, Aim Games may request that  you provide additional information in order to allow the appropriate handling of your inquiry. 

32. Prior Version of the Terms 

To the extent we amend or modify these Terms, the most recent previous version of the Terms will be published on our website.