Terms of Service

THESE TERMS CONTAIN IMPORTANT INFORMATION ABOUT YOUR RELATIONSHIP WITH US, INCLUDING A REQUIRED NOTICE-AND-INFORMAL-RESOLUTION PROCESS BEFORE ANY LAWSUIT, AND A WAIVER OF CLASS ACTIONS AND JURY TRIALS (SEE SECTION 20). BY ACCEPTING THESE TERMS, YOU AGREE, ON BEHALF OF YOURSELF, ANY PERSON ON YOUR ACCOUNT, AN AUTHORIZED USER, AND ANY PERSON YOU ALLOW TO USE YOUR AIM ACCOUNT OR AIM GAMES’ PRODUCTS AND SERVICES ON A DEVICE YOU CONTROL, TO BE BOUND BY THESE PROVISIONS. IF YOU CHOOSE NOT TO ACCEPT THESE TERMS, YOU CAN CLOSE YOUR ACCOUNT BY CONTACTING support@cashoutclub.com.

YOU MAY NOT USE OUR SERVICES IF YOU ARE UNDER THE AGE OF 18.

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 3), 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 dispute resolution process, class action waiver and jury trial 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. Except as otherwise expressly stated in these Terms (including the 30-day notice for material changes to Section 20 described therein), all changes are effective immediately when posted, or on such later date as we specify in the notice of the change — see Section 21 for more on how we may modify these Terms. 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 versions 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 your 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.

Responsible Gaming. Aim Games is committed to responsible gaming. Our Responsible Gaming Policy, available at cashoutclub.com/responsible-play-policy, is incorporated into these Terms by reference and describes the tools and resources available to help you manage your play. You agree to comply with our Responsible Gaming Policy, and we may restrict, suspend or close your Account where we believe doing so is appropriate under that policy. If you have questions or need help, please contact support@cashoutclub.com.

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 are the authorized holder of, and have exclusive access to, the email address and other information submitted in relation to your account, whether you provide that information directly or a third-party sign-in service provides it on your behalf; (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 a password, or creating your Account using a third-party sign-in service such as Sign in with Apple or Google Sign-In; (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.

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:

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:

You further represent and warrant that you will not:

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, emulators, simulators, device farms, and artificial intelligence, machine-learning or other automated agents that play, or assist in playing, on your behalf); (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; (k) posting objectionable materials; and (l) using a virtual private network (VPN), proxy server, location-spoofing application or any other method to conceal or misrepresent your identity, device or physical location.

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:

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 and/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 User 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 the named account holder or primary cardholder of the payment method provided, that the payment method is registered in your name, and that all 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 an 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 $10.00 (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 overpayment.

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.

All fees are final and non-refundable except in the following circumstances: (a) competition cancellations, in which case entry fees will be refunded to your account; (b) fee errors reported to us within 30 days, which we will investigate and correct within 90 days of identification; (c) Aim Games-initiated cancellation of an incremental content offering before its completion, in which case fees paid for undelivered content will be refunded to your account; and (d) otherwise as required by law. Bonus Funds and Virtual Items are not fees and are governed by Sections 10 and 11 respectively.

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 any 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 are 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 connection 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 FOR 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

(a) Notice of Dispute and Informal Resolution. Before filing any claim against Aim Games in court, other than a claim described in Section 20(f), you must first send a written Notice of Dispute to support@cashoutclub.com with the subject line "Notice of Dispute." The Notice of Dispute must include your name, residential address, the email address and username associated with your Account, a description of the dispute and the relief you seek, and your personal signature. Aim Games will send any Notice of Dispute to the email address associated with your Account. For sixty (60) days after a Notice of Dispute is received, you and Aim Games will attempt in good faith to resolve the dispute informally, including through a telephone or video conference if either party requests one. Any applicable limitations period, including the period in Section 20(e), is tolled during this sixty (60) day period. Completing this process is a condition precedent to filing suit, and a court may stay or dismiss any claim filed without it.

(b) Coordinated Claims. If twenty-five (25) or more Notices of Dispute raising substantially similar claims are submitted by or with the assistance of the same or coordinated counsel or organizations, the claimants' counsel and Aim Games will each select up to five (5) claims to proceed first through the process in Section 20(a) and, if those claims are not resolved, through litigation. The remaining claims will be held until the first group is resolved, and their limitations periods will be tolled during that time. The parties will then attempt in good faith to resolve the remaining claims, using the outcome of the first group as a guide, before any of them may be filed.

(c) Class Action Waiver. To the fullest extent permitted by Applicable Law, you and Aim Games agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff, class representative or class member in any purported class, collective, consolidated, private attorney general or other representative action. You agree not to seek to consolidate your claims with those of any other person without Aim Games' prior written consent, and any relief awarded will be limited to the individual party seeking it and will not extend to any other user. To the extent permitted by Applicable Law, if a class, collective or representative action is brought against Aim Games that includes claims covered by this Section 20(c), you agree to exclude yourself from that action. If any part of this Section 20(c) is found unenforceable as to a particular claim, that part will be severed as to that claim only, and the remainder of these Terms will remain in full force and effect.

(d) Jury Trial Waiver. To the fullest extent permitted by Applicable Law, you and Aim Games each knowingly and voluntarily waive any right to a trial by jury in any action or proceeding arising out of or relating to these Terms or the Services.

(e) Time Limit. To the extent permitted by Applicable Law, any claim or dispute arising out of or relating to these Terms or your access to or use of the Services must be filed within one (1) year after the cause of action arises, or it is permanently barred.

(f) Exceptions. Either party may, without first completing Section 20(a): (i) bring an individual action in small claims court; or (ii) seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights or prevent unauthorized use of the Services.

(g) Changes to this Section. Aim Games will provide thirty (30) days' notice of any material change to this Section 20, and the change will become effective on the thirtieth (30th) day. A change to this Section 20 will not apply to any dispute for which a Notice of Dispute was sent before the change became effective.

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; (d) modify or remove any of the information contained in the Services; (e) limit the Services’ availability to any person, geographic area, or jurisdiction we choose; (f) charge fees in connection with the use of the Services; (g) modify or waive any fees charged in connection with the Services; and (h) 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 W. 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, 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. Subject to Section 20, for all disputes, 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, Dispute Resolution, 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.