THIS IS A VIRTUAL/MIXED/AUGMENTED REALITY GAME. WHEN PLAYING THE GAME, YOU MAY NOT BE ABLE TO SEE, HEAR OR FEEL YOUR PHYSICAL SURROUNDINGS WHEN WEARING A VIRTUAL/MIXED/AUGMENTED REALITY HEADSET OR PLAYING THE GAME THROUGH/WITH VIRTUAL/MIXED/AUGMENTED REALITY GAME EQUIPMENT, HEADSETS, GLASSES, HANDHELD DEVICES ETC. IT IS YOUR RESPONSIBILITY TO ABIDE BY THE HEALTH AND SAFETY GUIDELINES SET FORTH IN SECTION 3 (HEALTH AND SAFETY) AT ALL TIMES WHEN PLAYING THE GAME TO ENSURE THAT YOU DON’T INJURE YOURSELF, ANY OTHER PERSONS, DAMAGE ANY PROPERTY, ETC. FAILURE TO ABIDE BY THE HEALTH AND SAFETY GUIDELINES SET FORTH IN SECTION 3 (HEALTH AND SAFETY) WHILE PLAYING THE GAME MAY LEAD TO PERSONAL INJURY, PROPERTY DAMAGE, AND EVEN DEATH. PLAYING THE GAME IS AT YOUR OWN RISK. DO NOT PLAY VIRTUAL/MIXED/AUGMENTED REALITY GAMES OUTDOORS OR IN LOCATIONS WITH TRAFFIC, CROWDED AREAS, HAZARDEOUS SURROUNDINGS ETC.

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE ACCESSING THE GAME, AS THE TERMS GOVERN YOUR USE OF THE GAME, AND YOU ARE ONLY PERMITTED TO USE AND/OR PLAY THE GAME PROVIDED YOU HAVE REVIEWED AND ACCEPTED THE TERMS.

Welcome to this virtual/mixed/augmented reality or computer game and/or services, beta testing and/or ancillary services (hereinafter “Game”) provided to you by MixRift SRL or (if applicable) any of its affiliates (“MixRift”).

For contact information to MixRift, please see Section 23 at the end of the Terms.

Please note that by accessing the Game you agree to abide by the Terms and a legally binding agreement is created between you and MixRift. Depending on where you are based or your country of residence, certain provisions or exceptions may apply specifically to you notwithstanding what is set forth in these Terms. MixRift may also provide products and services which are governed by separate terms. If you do not agree to these Terms, you may not access the Game.

MixRift reserves the right to disable access temporarily or permanently to the Game for anyone who violates the Terms. MixRift may otherwise disable access to the Game at its sole and absolute discretion and may do so without notice. 

The Terms and Game are subject to periodical changes and MixRift reserves the right, at its sole and absolute discretion, to update or revise the Terms or Game at any time. Your continued playing of the Game constitutes your binding acceptance of the Terms, including any changes or modifications made by MixRift.

By accessing the Game, you warrant that you have read and accepted the MixRift’ privacy policy, which can be found on MixRift’ website. The privacy policy provides you with information regarding how MixRift processes the personal data that you transmit through and in relation to the Game.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN SUCH CLAUSE, YOU AND MIXRIFT AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND MIXRIFT WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS EXPLAINED IN THAT CLAUSE.

1. Account Registration

To access and play the Game you will need to register an account with a third-party platform/service provider (such as, but not limited to, PlayStation/PlayStation VR (Sony), Xbox (Microsoft), Apple App Store (Apple), Google Play (Google), PC, Steam (Valve), Oculus Quest Store (Meta) etc.), unless the Game is expressly provided in a form and venue or a platform/service where an account is not required. You may not, under any circumstances, whether intentionally, or through negligence, inadvertence or omission, allow or enable others to access your account. MixRift reserves the right to disable or block accounts without notice. You are not permitted to transfer your account, any in game currency, characters, etc. to another person or entity, unless specifically permitted in writing by MixRift.

You acknowledge and agree you are responsible yourself for abiding by the terms of use or service including fulfilling all the requirements for account registration, as set out separately by each platform/service provider. You understand that you will need to at minimum (a) provide true, accurate, current, and complete information as requested when registering an account and (b) at all times maintain and update the registration information to keep it true, accurate, current, and complete. You also represent and warrant that (i) you are not located in a country that is subject to any government embargo, or that has been designated as a “terrorist supporting” country; and (ii) you are not listed on any government list of prohibited or restricted parties. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to any computer, smart phone, tablet etc. that you use for accessing the Game and you hereby accept sole responsibility for all activities that occur under your account or password. MixRift and/or platform/service providers reserve the right to restrict or terminate access to the Game, refuse service, terminate accounts, remove or edit content, or cancel orders in its sole and absolute discretion for any reason whatsoever, including, without limitation, if you provide registration information which is false, inaccurate, outdated, or incomplete. 

2. Age limitation

You must check the age limitation for the headset and/or the platform you are using (“Required age”) and you must be the Required age or older to be entitled to access and play the Game, unless otherwise explicitly stated and to the extent permitted by applicable law. The Game is not intended for children under the Required age. Children under the Required age may not access and play the Game. Any registration by, use of or access to the Game by anyone under the Required age, or by anyone who is under 18 acting without parental or guardian consent, is unauthorized, unlicensed and in violation of these Terms. IF YOU ARE AT LEAST THE REQUIRED AGE BUT UNDER 18 YEARS OF AGE, YOU AGREE THAT YOUR PARENT OR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS, AND YOU CAN FORM A BINDING CONTRACT WITH MIXRIFT.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, MIXRIFT DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES CONDUCTED BY A CHILD UNDER 18 YEARS OF AGE (WITH OR WITHOUT THE PERMISSION OF A PARENT). IF YOU ARE A PARENT OR GUARDIAN, AND YOU GIVE YOUR CONSENT AND PERMISSION FOR YOUR  CHILD UNDER 18 YEARS OF AGE (AND AT LEAST THE REQUIRED AGE) TO REGISTER AND USE THE GAME, YOU THEREBY AGREE TO THE TERMS RELATING TO ACCESS TO THE GAME BY YOUR CHILD UNDER 18 YEARS OF AGE AND YOU SHALL ENSURE OF AND BE SOLELY RESPONSIBLE FOR YOUR CHILD’S STRICT COMPLIANCE, AT ALL TIMES, WITH THE TERMS.

3. Health and safety

 

TO REDUCE THE RISK OF PERSONAL INJURY, DISCOMFORT, OR PROPERTY DAMAGE, PLEASE ENSURE THAT YOU CAREFULLY READ THESE HEALTH AND SAFETY GUIDELINES BEFORE PLAYING THE GAME. YOU AGREE THAT YOU SHALL ABIDE BY THESE HEALTH AND SAFETY GUIDELINES AND OTHER RELEVANT NOTICES PROVIDED BY MIXRIFT AND THE MANUFACTURER OF YOUR VR/AR/MR HARDWARE (“HEADSET”).

YOU WILL BE MOVING YOUR HEAD, LIMBS AND OTHER BODY PARTS, WHICH COULD CAUSE SERIOUS INJURY OR DEATH TO YOU, PEOPLE NEAR YOU, OR PROPERTY IF YOU DO NOT FOLLOW THESE HEALTH AND SAFETY GUIDELINES. WHILE WEARING YOUR HEADSET AND USING THE GAME, YOU WILL HAVE A LIMITED OR DIFFERENT VIEW AND/OR YOU WILL NOT BE ABLE TO SEE EVERYTHING OR ANYTHING IN THE PHYSICAL ROOM AROUND YOU.

AS SUCH, AT ALL TIMES YOU ARE USING THE GAME AND HEADSET, YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO FOLLOW THESE HEALTH AND SAFETY GUIDELINES. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT RELY ON ANY MECHANISM IN THE GAME OR HEADSET FOR PROTECTION. YOU ACKNOWLEDGE THAT FAILURE TO ABIDE BY THESE HEALTH AND SAFETY GUIDELINES MAY CARRY WITH IT THE POTENTIAL FOR DAMAGE OR LOSS TO PROPERTY, PERSONAL INJURY TO YOU, OR DEATH.

Before Playing the Game

• Abide by any health and safety notices or guidelines provided by any marketplace, platform, and/or forum through which you may have accessed the Game at all times during your use of the Game. 

• Locate, read and understand your Headset manufacturer's guidelines, as well as all relevant marketplace, platform, and/or forum guidelines and notices, and that any failure to adhere to any such guidelines or precautions may cause damage to property, personal injury to you or others, or death. 

• Do not play the Game while experiencing any of the following, as it may increase your susceptibility to harm while playing the Game:

  • Tiredness or exhaustion;

  • Under the influence of alcohol or drugs;

  • Hung-over;

  • Have digestive problems;

  • Under emotional stress or anxiety; or

  • When suffering from cold, flu, headaches, migraines, or earaches.

• Consult with your doctor before playing the Game if you are pregnant, elderly, have pre-existing vision abnormalities or psychiatric disorders, are using prescription or non-prescription medication, or suffer from a heart condition or other serious medical condition.

Preparing to Play the Game

• Set up a safe play space prior to playing the Game. Setting up a safe play space may include, but is not limited to:

  • Only playing the Game indoors and never playing the Game outdoors.

  • Never playing the Game in situations that require attention, such as running, bicycling, driving, or handling hazardous objects.

  • Clearing a safe area all around you, including overhead, before playing the Game.

  • Avoiding playing in, near, or under areas, objects, animals, or other things that could cause injury through trips, falls, contacts, strikes, loss of balance, or other unsafe conditions or interactions, such as:

    • Walls

    • Furniture

    • Lamps

    • People

    • Pets

    • Stairs

    • Ramps

    • Balconies

    • Open doorways

    • Windows

    • Open flames or sources of heat (like candles or fireplaces)

    • Liquids

    • Ceiling fans or light fixtures

    • Televisions, monitors, or other electronics

  • Ensuring your play space is large enough to allow you play the Game without coming into contact with objects, and including a buffer between your play space and any objects that is large enough if you inadvertently trip or fall you will not come into contact with an object or area that could be hazardous.

  • Ensuring that objects surrounding you are appropriately secured and clear of hazards such as liquids, sharp objects, heat sources, open flames, et cetera.

• Do not play the Game on uneven surfaces such as floors with loose rugs or carpeting, or other similar hazards.

• Take appropriate steps to prevent others from entering your play space, including people or pets.

• Stop playing the Game if your environment becomes unsafe. In the event you sense that something or someone has entered your play space, please pause the Game and remove your Headset to ensure your play space is still safe.

While Playing the Game

• It is highly recommended you take a reasonable break from the Game, every ten (10) to fifteen (15) minutes. Always take a break if you feel discomfort and don’t start again until you are no longer feeling discomfort. Extended use without adequate breaks may increase the risk of injury, other adverse effects, or property damage.

• Move carefully while playing the Game. Fast or abrupt motion may cause a collision or loss of balance. If you lose your balance or your sense of balance feels affected, stop playing the Game and take a break until normal balance returns.

• Do not interact with real-world objects while playing the Game.

• Immediately discontinue playing the Game (and do not continue to play the Game or drive, operate machinery, or engage in other activities requiring physical or visual coordination) if any of the following symptoms are experienced:

  • Seizures;

  • Loss of awareness;

  • Eye strain;

  • Eye or muscle twitching;

  • Involuntary movements;

  • Altered, blurred, or double vision or other visual abnormalities;

  • Dizziness;

  • Disorientation;

  • Impaired balance;

  • Impaired hand-eye coordination;

  • Excessive sweating;

  • Increased salivation;

  • Nausea;

  • Lightheadedness;

  • Discomfort or pain’

  • Drowsiness;

  • Fatigue; or

  • Any symptoms similar to motion sickness.

• It is strongly recommended that you use the Game only under the supervision of another person who may provide warning to you of any safety hazards that may arise, or that you may approach, while using the Game.

• Always be aware of your play area and surroundings (including all persons, pets and/or objects around you).

• Always use the Headset in accordance with your Headset manufacturer's guidelines. 

Game Associated Risks

• You acknowledge that due to the nature of the Game, playing the Game inherently involves some risk. These risks include, but are not limited to risks caused by:

  • Loss of balance;

  • Inability to see your physical surroundings;

  • Inability to hear sounds in your physical surroundings;

  • Any part of your body hitting or otherwise contacting people or objects in your physical surroundings;

  • Repetitive or strenuous motion of any part of your body;

  • Involuntary motion or action of any part of your body;

  • Stress to your eyesight or hearing from frequent or prolonged use.

• For some individuals, sequences of images which may be displayed by the Game on the Headset screen (including but not limited to images of rapidly flashing lights) could induce epileptic seizures, loss of consciousness, altered vision, motion sickness, dizziness, disorientation or nausea, repetitive motion injuries and eye strain. Immediately stop playing if you do not feel well or if you experience any of the above symptoms.

YOU HEREBY RELEASE MIXRIFT AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, THE PLATFORM/ SERVICE PROVIDERS AND THEIR RESPECTIVE MEMBERS, ADVERTISERS OR SPONSORS, OR THEIR RESPECTIVE EMPLOYEES, MEMBERS, CONTRACTORS, DIRECTORS, OFFICERS, AGENTS OR LICENSORS FROM ANY AND ALL LIABILITY IN CONNECTION WITH ANY AND ALL CLAIMS PERTAINING TO THE USE OF A HEADSET, RELATED EQUIPMENT, OR THE GAME.

4. Prohibited use

You agree to abide by all applicable laws and regulations when accessing and playing the Game. Your continued access to the Game and right to play the Game is subject to proper conduct. Without limiting MixRift’ right to control the Game’s environment, and the conduct of the users within that environment, MixRift prohibits the following practices that MixRift has determined detract from the overall user experience and you are strictly prohibited from:

• Taking any action that imposes an unreasonable or disproportionately large load on the system of the Game (“System”);

• Using the Game in a manner that violates the health and safety guidelines set forth in Section 3 (Health and Safety Guidelines);

• Use of your own or third-party software to modify any content appearing within the Game, its environment or change how the Game is played;

• Use of your own or third-party software, the Game or any information accessible through the System, to bypass or modify any System login architecture or create or provide any other means through which any System may be accessed and/or the Game may be used by others in ways other than those intended by MixRift;

• Disrespecting the rights of others and their rights to play and enjoy the Game. You may not defraud, harass, threaten, or cause distress and/or unwanted attention to other players;

• When naming any character, team, guild or clan you may not use language that is or can be construed to be sexually explicit, unlawful, harmful, threatening, harassing, abusive, defamatory, obscene, vulgar, hateful, or racially, ethnically or otherwise objectionable or offensive;

• You may not post or communicate any player's real-world information (name, address, account name, etc.) in the Game, on the websites or in any other forum or media, or make public anyone’s identification documents, sensitive financial information, other sensitive personal information or posting such information in the Game or other permitted websites;

• You may not harvest or collect email addresses or other contact information of other users from the Game by electronic or other means, for example for the purposes of sending unsolicited emails or other unsolicited communications;

• You may not solicit personal information from anyone or solicit passwords or personally identifying information for commercial or unlawful purposes;

• You may not use language or images that are or can be construed to be sexually explicit, unlawful, harmful, threatening, harassing, abusive, defamatory, obscene, vulgar, hateful, or racially, ethnically or otherwise offensive or objectionable;

• You may not post material that includes graphic depictions of gratuitous or excessive violence, includes profane or obscene language or gestures, advocates intoxication or substance abuse, promotes gender, political or religious stereotypes, makes negative or disrespectful comments or reflects adversely on the name, reputation or goodwill of MixRift;

• You may not post, upload or link to any imagery or content that is or can be construed to be sexually explicit, unlawful (including, without limitation, third party intellectual property for which permission of such use has not been explicitly granted), harmful, threatening, harassing, abusive, defamatory, obscene, vulgar, hateful, or racially, ethnically or otherwise objectionable;

• You may not create, distribute, publish or otherwise make public, in any form, content created within the Game that is or can be construed to be sexually explicit, a, harmful, threatening, harassing, abusive, defamatory, obscene, vulgar, hateful, or racially, ethnically or otherwise objectionable;

• You may not impersonate MixRift, its’ employees, consultants, partners etc;

• You may not impersonate another person, misrepresenting your affiliation with an entity or person, hiding or attempting to hide your identity or otherwise conducting fraud;

• You may not violate or encourage others to violate any local, state, national, or international laws or regulations;

• You may not market, promote, advertise, or solicit products in the Game;

• You may not modify any part of the Game, or clients, servers etc;

• You may not advertise the intent to or commit the act of buying, selling, trading, sharing, or transferring access to the Game;

• You may not advertise the intent to or commit the act of buying or selling items for cash or trading items in the Game;

• You may not use the Game for any illegal purpose, arrange for the exchange or transfer of any pirated or illegal software in the Game;

• You will follow the instructions of authorized personnel in or related to the Game;

• You may not organize nor be a member of any pledges or groups within the Game that are based on or espouse any racist, sexist, anti-religious, anti-ethnic, anti-gay, or other hate mongering philosophies;

• You may not provide false information or intentionally hide any information when registering for your account in the Game;

• You will not attempt to interfere with, hack into, or decipher any transmissions to or from the servers or platforms running the Game;

• You will not exploit any bug in the Game, and you will not communicate the existence of any such exploitable bug (bugs that grant any user unnatural or unintended benefits) either directly or through public posting, to any other user of the Game. Bugs should be promptly reported to support@mixrift.com;

• You will not attempt to play the Game on any server or platform that is not controlled or authorized by MixRift AB, its designees or platform/service providers;

• You will not create, use, or provide any server emulator or other site where the Game may be played, and you will not post or distribute any utilities, emulators or other software tools related to the Game without the express written permission of MixRift;

• You will not register for a Game user (“User”) account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;

• Using MixRift’ copyrights or trademarks or any confusingly similar marks;

• Uploading invalid data, viruses, worms, or other software agents to the Game;

• Collecting information from others and/or posting imagery of others without obtaining their consent;

• You may not use any own or any third-party software, macros or other stored rapid keystrokes or other patterns of play that facilitate gameplay, including progress and/or acquisition of items, rank or status when compared with ordinary Game play. You may not rewrite or modify the user interface or otherwise manipulate data in any way to acquire items, character attributes or beneficial actions not actually acquired or achieved in the Game;

• Otherwise use the Game in any manner that breaches the terms and conditions of the Terms or the privacy policy.

You may not post or publish any recording that is in breach of the Terms. If you post recordings of your playing of the Game on sites including, without limitation, Twitch.com, YouTube.com etc. you shall refer to the name of the Game and give MixRift credit as the developer of the Game. Such recordings and postings shall be done in good taste and shall not infringe on the intellectual property rights of MixRift or reflect negatively on MixRift or the Game.  

5. Payment

To access and play certain versions of the Game or certain Game levels in the Game, access certain additional content (such as features, levels, in-game items, and other products), premium services, etc. (“Purchasable Content”), you may be required to pay certain fees (certain Game versions and the premium services and access to additional content are provided to paying users only). All fees regarding the Game and Purchasable Content are payable to the platform/service provider that you are purchasing and downloading the Game from. MixRift is not responsible nor part of such a transaction.

You can find the current fees and payment terms at the platform/service provider’s Game access pages etc. MixRift reserves the right to amend or change the Game to offer other products and services in the Game etc., either for free, for one-time fees or for recurring fees. MixRift and/or the platform/service provider may amend the fees and payment terms at any time. If any fees are subject to any type of applicable taxes, you may be charged for any such taxes, in addition to any fees. 

The Game may be provided as “free-to-play” where you can access and play certain parts of the Game versions without any prior payment. However, other versions of the Game or certain Game levels and features are “premium features” where you must pay a fee or buy Purchasable Content to access certain levels, features, etc. Where applicable, you agree to pay in full for the Purchasable Content that you have ordered in the Game. You are responsible for platform/service providers with valid credit card information to secure payment. Payment may be processed in cooperation with third party payment service providers.

6. Limited license

Subject to you complying with these Terms, you are granted a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to access and/or download the Game and enable you to access and play the Game subject to the other applicable provisions, limitations and restrictions in these Terms.

You may not upload or republish the Game or game content on any internet, intranet or extranet sites or incorporate the information in any other database or compilation, and any other use of the Game or Game Content is strictly prohibited. If MixRift or the platform/service provider is unable to process your payment at any time, your access to certain services, content etc. may be suspended or terminated at MixRift’ or the platform/service provider’s discretion. 

You acknowledge and agree that all content, design elements, and materials available in the Game, for example names, brands graphics, logos, designs, characters, objects, environments, worlds, icons, scripts and service/product names (“MixRift Content”) are owned by MixRift and/or its partners and licensors and protected by copyrights, trademarks, patents, trade secrets, and/or other proprietary rights of MixRift and/or its partners and licensors. MixRift and its partners and licensors retain all right, title and interest in and to the MixRift Content. You may not use, copy, reproduce, modify, republish, upload, post, transmit or distribute any MixRift Content in any form or for any means, unless expressly permitted in this Terms. MixRift' trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of MixRift. In addition, you may not sell, license, rent, perform, display, create derivative works from, or in any way use or exploit MixRift Content in any way unless expressly permitted in this Agreement. To the fullest extent applicable under compulsory law, you agree not to disassemble, decompile or reverse engineer any software or other component of the Game or MixRift Content. To the extent any such disassembly, decompilation or reverse engineering is applicable under compulsory law for error correction or otherwise, you agree that you shall submit a written request to engage in such activity for a legally recognized purpose and MixRift shall have a reasonable period of time (not to exceed 30 calendar days) to rectify such issue prior to any such disassembly, decompilation or reverse engineering which, if permitted under compulsory law, shall be for the sole purpose and duration of effectuating any required error correction.  Unless explicitly stated herein, nothing in these Terms shall be construed as conferring to you any license to MixRift Content, whether by estoppel, implication or otherwise. You agree not to assert against MixRift any claim, action or proceeding for infringement of any patents, patent rights or other intellectual property rights.  

7. Delivery of Game, Updates and New Releases

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MIXRIFT RESERVES THE RIGHT TO ADD, MODIFY, OR DELETE/CANCEL THE GAME, INCLUDING YOUR ACCESS TO THE GAME AT ANY TIME. MIXRIFT MAKES NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS OR ACCURACY OF THE GAME NOR DOES IT REPRESENT OR WARRANT THAT THE GAME WILL BE AVAILABLE AT ALL TIMES OR AT ANY TIME. THE GAME MAY BE INCOMPLETE, MAY CONTAIN ERRORS ETC. MIXRIFT MAKES NO COMMITMENT AND EXPRESSLY DISCLAIMS ANY DUTY TO FIX ANY ERRORS OR LACK OF FUNCTIONALITY IN THE GAME.

MIXRIFT PROVIDES THE GAME ON AN “AS IS” BASIS WITHOUT ANY EXPRESS WARRANTIES. MIXRIFT OR THE PLATFORM/SERVICE PROVIDER SHALL ENDEAVOR TO DELIVER THE GAME THAT YOU HAVE ORDERED TO YOU WITHIN A REASONABLE AMOUNT OF TIME. HOWEVER, TECHNICAL PROBLEMS MAY DELAY OR PREVENT DELIVERY AND EXCEPT AS SET FORTH IN THE NEXT SENTENCE, MIXRIFT OR THE PLATFORM/SERVICE PROVIDER SHALL HAVE NO LIABILITY TO YOU WITH RESPECT TO DELAYS OR DELIVERY PROBLEMS. YOUR SOLE REMEDY WITH RESPECT TO THE GAME, A PURCHASED PRODUCT OR SERVICE THAT IS NOT DELIVERED WITHIN A REASONABLE AMOUNT OF TIME AFTER ORDERING IS TO EITHER RECEIVE A REPLACEMENT OF THE GAME, PRODUCT OR SERVICE, OR A REFUND OF THE PURCHASE PRICE PAID FOR THE GAME, PRODUCT OR SERVICE, AS THE REMEDY IS DETERMINED BY MIXRIFT OR THE PLATFORM/SERVICE PROVIDER IN THEIR SOLE DISCRETION.

MIXRIFT MAY FROM TIME-TO-TIME UPDATE OR OTHERWISE MODIFY THE GAME ELECTRONICALLY, OR REQUIRE THE USER TO INSTALL UPDATES, PATCHES OR FIXES TO THE GAME (“UPDATES”). UPDATES MAY CHANGE THE GAME’S TERMS, CONDITIONS, FEATURES, ITEMS, MECHANICS, OR ANY OTHER ELEMENT OF THE GAME. YOU MUST AGREE TO ANY AND ALL GAME TERMS AND CONDITIONS AND INSTALL SUCH UPDATES BEFORE YOU WILL BE ALLOWED TO PROCEED TO PLAY THE GAME. IF YOU FAIL TO INSTALL THE NEW RELEASE WHEN REQUIRED, MIXRIFT WILL NOT BE RESPONSIBLE IN ANY WAY FOR YOUR INABILITY TO PLAY THE GAME, AND YOU SHALL NOT BE ENTITLED TO RECEIVE A REFUND OF ANY PREPAID FEES OR ANY OTHER FORM OF COMPENSATION FROM MIXRIFT.

YOU ARE NOT ENTITLED TO RECEIVE ANY NEW RELEASES OF THE GAME, OR ANY EXPANSION PACKS, UPDATES, UPGRADES OR SIMILAR PRODUCTS UNDER THIS AGREEMENT, BUT MIXRIFT MAY, IN ITS SOLE AND ABSOLUTE DISCRETION, BUT IS NOT OBLIGATED TO, OFFER ANY OR ALL OF THE FOREGOING TO YOU. MIXRIFT MAY PROVIDE NEW RELEASES OR OTHERWISE ENHANCE THE GAME AT ANY TIME, IN ITS SOLE DISCRETION, WITHOUT OBLIGATION TO YOU. ANY SUCH NEW RELEASE OR OTHER ENHANCEMENT OF THE GAME MAY CHANGE THE GAME’S TERMS, CONDITIONS, FEATURES, ITEMS, MECHANICS, OR ANY OTHER ELEMENT OF THE GAME. PERIODICALLY, MIXRIFT WILL REQUIRE ALL USERS TO MIGRATE TO NEW RELEASES OF THE GAME IN ORDER TO CONTINUE TO PLAY IT. IF YOU FAIL TO UPDATE THE GAME AND INSTALL THE NEW RELEASE WHEN REQUIRED, MIXRIFT WILL NOT BE RESPONSIBLE IN ANY WAY FOR YOUR INABILITY TO PLAY THE GAME, AND YOU SHALL NOT BE ENTITLED TO RECEIVE A REFUND OF ANY PREPAID FEES OR ANY OTHER FORM OF COMPENSATION.

8. Links to third-party services.

The Game may contain advertising and links to third-party games, websites, services etc. MixRift does not review or evaluate any adverts or games, websites, services etc. linked to in the Game or the platforms and is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the adverts, content on the Game, websites, services etc. nor is it responsible for the advertising, products, or other materials that may appear in or are offered by such adverts, games, websites, services, the platforms etc. You must carefully review the adverts and respective conditions of use for each of these games, websites, services etc. Under no circumstances shall MixRift be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of or reliance on any advertising, content, products, goods, or services etc. available on such games, websites, services, platforms etc.

9. Seizure warning, motion sickness etc.

You may experience seizures when exposed to certain light patterns or flashing lights in the Game and/or advertising related to the Game. Exposure to certain light patterns or backgrounds on a video monitor or virtual reality/augmented reality headset/glasses/equipment may induce an epileptic seizure, motion sickness even in persons who have no history of prior seizures or epilepsy. MixRift takes no responsibility for such effects in the Game and advertising related to the Game and end results thereof and you are accessing and playing the Game and seeing the advertising on your own assumption of risk. Nor does MixRift take any responsibility for motion sickness, any balance problem etc. that may occur from the playing of the Game or seeing the advertising etc. 

10. Sweepstakes, Contests, Raffles, Surveys and Similar Promotions

Periodically, MixRift and/or its partners may organize sweepstakes, contests, raffles, surveys, games, and similar promotions (each a “Promotion”). In addition to these Terms, Promotions will be subject to particular terms which we shall communicate to you at the time of these Promotions (“Promotional Terms”). By participating in any Promotion, you will become subject to those Promotional Terms. All Promotional Terms are incorporated into, may vary from, and shall supersede these Terms. MixRift urges you to read the Promotional Terms. Our Privacy Policy, in addition to these Terms and  any Promotional Terms, governs any information you submit in connection with such Promotions.

11. Access Disablement and Content Removal

You may disable your access to the Game at any time by contacting us at support@mixrift.com. 

MixRift and the platform/service providers may disable access to or remove any of your User Created Content or close down and stop your access to the Game for any reason, at any time, without notice, including, but not limited to if we believe that you violate these Terms, the Privacy Policy, Guidelines for User Created Content, or our other policies and guidelines. You may notify MixRift at support@mixrift.com and we may, but have no obligation to, provide you with an opportunity to appeal the decision. 

If your access is disabled, you will no longer have access to the Game, including any of the associated data (though this does not limit or affect any rights you have under data or consumer protection laws). Where MixRift disables your access for a reason such as a breach of the Terms, you will not be entitled to any refunds and MixRift will have no liability to you and we reserve the right to disable any other accesses you may have created. 

You understand and agree that using the Game comes with the risk that your access may be disabled or suspended in accordance with the Terms and that, whenever you use the Game, you will bear this risk in mind and always conduct yourself appropriately.

12. Communication and Feedback

MixRift may from time to time contact you by any appropriate information channel to keep you up to date with news about for example the Game, new products and services, updates, campaigns, promotions, faults, issues relating to technical aspects and/or the usability of the Game, payment methods etc. MixRift may occasionally ask you to provide information on your experiences of playing the Game etc. which will be used to improve the quality and provision of the Game etc. You are not required to provide any ideas, feedback or suggestions (collectively, “Feedback”) to MixRift. Any and all information which is submitted by you is submitted voluntarily. To the extent you do provide any Feedback to MixRift, you agree to assign and hereby do assign and/or exclusively license (if any assignment is not permitted under applicable law) all right, title and interest in and to such Feedback to MixRift and acknowledge that MixRift may freely use, reproduce, modify, distribute, make, have made, sell, offer for sale, import and otherwise exploit in any manner such Feedback without any accounting, notice, need for further consent, and/or payment of any royalties or other consideration to you. You can stop the delivery of promotional messages from MixRift by following the specific instructions in promotional messages or by our customer support at support@mixrift.com. These communication choices do not apply to mandatory service communications that are considered part of the Game which you may receive periodically.

13. Electronic communications

When you play the Game or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically and communicate with us electronically. We will communicate with you by e-mail or by posting notices in the Game or by any other means MixRift finds suitable. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (whether by email, posting notice in the Game or otherwise) satisfy any legal requirement that such communications be in writing.

14. Termination

THESE TERMS OF USE ARE EFFECTIVE UNTIL AMENDED BY MIXRIFT IN ITS SOLE AND ABSOLUTE DISCRETION. MIXRIFT MAY CHANGE, SUSPEND, OR DISCONTINUE ALL OR ANY ASPECT OF THE GAME AT ANY TIME FOR ANY REASON WITHOUT PRIOR NOTICE OR LIABILITY, INCLUDING, WITHOUT LIMITATION, THE AVAILABILITY OF THE GAME OR ANY FEATURE, WITHOUT PRIOR NOTICE OR LIABILITY. MIXRIFT MAY CEASE TO PROVIDE THE GAME OR ANY OR ALL OF THE PRODUCTS AND SERVICES OFFERED IN CONNECTION WITH THE GAME, TERMINATE THE TERMS OF USE, AND CANCEL ALL OF THE RIGHTS GRANTED TO YOU UNDER THE TERMS OF USE AT ANY TIME FOR ANY REASON WITHOUT PRIOR NOTICE OR LIABILITY. MIXRIFT MAY, BUT IS NOT OBLIGATED TO, COMMUNICATE SUCH TERMINATION TO YOU IN ANY OF THE FOLLOWING MANNERS: (I) IN A NOTICE IN THE GAME; (II) VIA ELECTRONIC MAIL; (III) IN THESE TERMS, OR (IV) IN ANOTHER MANNER THAT MIXRIFT DEEMS SUITABLE TO INFORM YOU OF THE TERMINATION. IF MIXRIFT TERMINATES THE GAME, YOU WILL NOT RECEIVE A REFUND OF PAID FEES. IN THE EVENT OF ANY TERMINATION HEREUNDER, ANY AND ALL SECTIONS OF THESE TERMS SHALL REMAIN IN EFFECT TO GIVE REASONABLE MEANING TO THE INTENTIONS THEREOF INCLUDING, WITHOUT LIMITATION: SECTIONS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, and 23.

15. Disclaimer of Warranties

THE GAME IS PROVIDED BY MIXRIFT ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MIXRIFT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, MIXRIFT MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE GAME AND/OR THE INFORMATION, CONTENT, MATERIALS ETC. INCLUDED THEREIN; (II) THAT THE GAME WILL BE FUNCTIONING CONTINUOUSLY, UNINTERRUPTED, SECURELY OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, PRODUCTS AND SERVICES PROVIDED; OR (IV) THAT THE GAME, SERVERS, PLATFORMS, OR E-MAILS SENT FROM OR ON BEHALF OF MIXRIFT, ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS. ALTHOUGH MIXRIFT PROVIDE RULES FOR USER CONDUCT AND POSTINGS, MIXRIFT DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT OR SHARE IN THE GAME AND IS NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER IN THE GAME OR THE PLATFORMS OR IN CONNECTION WITH ANY THIRD-PARTY APPLICATIONS, SOFTWARE OR CONTENT. MIXRIFT IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY PLAYER OF THE GAME.

MIXRIFT TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CREATED CONTENT, AS DEFINED IN SECTION 7, THAT YOU OR ANY OTHER USERS OR THIRD PARTIES SHARE OR ACCESS WHEN USING THE GAME. YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO USER CREATED CONTENT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN OR OTHERWISE UNSUITABLE FOR YOU AND/OR YOUR PURPOSE AND YOU AGREE THAT MIXRIFT WILL NOT BE LIABLE FOR ANY DAMAGES YOU ALLEGE TO INCUR AS A RESULT OF SUCH USER CREATED CONTENT.

16. Limitation of liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER MIXRIFT AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, THE PLATFORM/ SERVICE PROVIDERS AND THEIR RESPECTIVE MEMBERS, ADVERTISERS OR SPONSORS, OR THEIR RESPECTIVE EMPLOYEES, MEMBERS, CONTRACTORS, DIRECTORS, OFFICERS, AGENTS OR LICENSORS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE GAME, SERVICES OR CONTENT WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE GAME, PRODUCT OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE GAME OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE GAME OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE GAME, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MIXRIFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR SPECIFIC CATEGORIES OF DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY PARTICIPATING IN THE USE OF THE GAME ENTIRELY AT YOUR OWN ASSUMPTION OF RISK. YOU ARE AWARE OF THE RISKS ASSOCIATED WITH USING THE GAME, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, DAMAGE OR DESTRUCTION OF PERSONAL OR REAL PROPERTY AND/OR WITH RESPECT TO USER AND/OR OTHERS: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. YOU UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM YOUR USE OF THE GAME, INCLUDING, WITHOUT LIMITATION, DUE TO YOUR OWN OR OTHER'S NEGLIGENCE, BREACH OF THE TERMS, AND/OR OTHERWISE. YOU ACKNOWLDGE AND AGREE THAT YOU ARE AWARE OF THE RISKS, DANGERS AND HAZARDS INHERENT IN (OR THAT MAY BE ASSOCIATED WITH) THE USE OF THE GAME AND/OR HEADSETS OR RELATED EQUIPMENT AND YOU FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS, HAZARDS, AND LIABILITIES, WHETHER CAUSED BY YOUR OWN OR OTHER'S NEGLIGENCE, OR WHETHER KNOWN OR UNKNOWN TO YOU, INCLUDING, WITHOUT LIMITATION, AS TO YOURSELF AND/OR OTHERS, THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM. 

TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW AND WITHOUT LIMITING THE LIMITATION OF LIABILITY PARAGRAPH ABOVE, IN NO EVENT SHALL MIXRIFT AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, THE PLATFORM/ SERVICE PROVIDERS AND THEIR RESPECTIVE MEMBERS, ADVERTISERS OR SPONSORS, OR THEIR RESPECTIVE EMPLOYEES, MEMBERS, CONTRACTORS, DIRECTORS, OFFICERS, AGENTS OR LICENSORS BE LIABLE FOR, ANY DAMAGE TO PROPERTY, INJURY OR DEATH (OR FOR DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE OR MISUSE OF THE GAME OR ANY HEADSET OR RELATED EQUIPMENT INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR CONNECTED WITH INTERACTIONS BETWEEN YOU AND OTHER PEOPLE OR OBJECTS IN OR AROUND THE PLAY AREA DURING GAME PLAY. 

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MIXRIFT’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND/OR YOUR ACCESS TO AND/OR USE OF THE GAME, AND/OR ANY INJURIES (INCLUDING, WITHOUT LIMITATION, DEATH) OR DAMAGES TO YOU, OTHERS, PERSONAL PROPERTY AND/OR REAL PROPERTY, OR FROM THE INABILITY TO USE THE GAME OR CONTENT EXCEED THE LESSER OF THE AMOUNT YOU PAID FOR THE GAME DURING THE ONE YEAR PERIOD PRECEDING THE CLAIM OR ONE HUNDRED DOLLARS ($100). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE MATERIAL ELEMENTS OF THE BASIS FOR MIXRIFT’ TOTAL LIABILITY TOWARDS YOU AND HAVE BEEN RELIED UPON IN SETTING THE PRICE, IF ANY, FOR THE GAME, AND YOU CONFIRM YOU HAVE ACCEPTED THESE TERMS.

17. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MIXRIFT AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, THE PLATFORM/ SERVICE PROVIDERS AND THEIR RESPECTIVE MEMBERS, ADVERTISERS OR SPONSORS, OR THEIR RESPECTIVE EMPLOYEES, MEMBERS, CONTRACTORS, DIRECTORS, OFFICERS, AGENTS OR LICENSORS, FROM AND AGAINST ANY ACTIONS, CLAIMS, DEMANDS, DAMAGES, LOSSES, LIABILITY AND EXPENSES, INCLUDING (WITHOUT LIMITATION) REASONABLE ATTORNEYS’ FEES, ARISING OUT OF YOUR BREACH OF THESE TERMS, INCLUDING RELATED SERVICES BY A THIRD PARTY WITH THE USE OF YOUR ACCOUNT. YOU AGREE TO FULLY COOPERATE AS REASONABLY REQUIRED IN DEFENSE OF ANY CLAIM. MIXRIFT RESERVES THE RIGHT, AT ITS OWN EXPENSE (SUBJECT TO INDEMNIFICATION), TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU WILL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF MIXRIFT.

18. Dispute Resolution

YOU AGREE THAT DISPUTES BETWEEN YOU AND MIXRIFT WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.  YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU ARE WAIVING THE RIGHT TO BRING A LAWSUIT IN ANY COURT, TO HAVE A TRIAL BY JURY, AND/OR TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. MIXRIFT IS RELYING ON YOUR REVIEW AND ACCEPTANCE OF THESE WAIVERS AS A BASIS TO THE BARGAIN IN CONNECTION WITH YOUR PURCHASE, ACCESS, AND/OR USE OF THE GAME.

THIS NOTICE DOES NOT APPLY: (1) IF YOU ARE A RESIDENT OF ANY JURISDICTION WHICH DOES NOT PERMIT, UNDER COMPULSORILY APPLICABLE LAW DESPITE THE TERMS, THIS MANDATORY ARBITRATION AGREEMENT, (2) IF YOU OPT OUT OF ARBITRATION AS DESCRIBED IN THE "ARBITRATION" SECTION BELOW, OR (3) TO CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 19 (ARBITRATION) BELOW.

19. Arbitration

If you live in the US or another jurisdiction which permits you to consent to arbitration, you and MixRift agree that any dispute, controversy or claim arising out of or relating to the Terms or your breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules (see Arbitration Rules below). Solely to the extent compulsorily required under applicable law notwithstanding the Terms, you shall be permitted to bring an individual action in small claims court. This Section 19 shall not be construed to prevent either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the action described in this sentence, an "IP Protection Action"). Notwithstanding this arbitration agreement, MixRift reserves the right to bring an action in any court of competent jurisdiction against you to stop and/or seek compensation for the intentional or willful misuse or abuse (including but not limited to hacking or falsifying location) of its intellectual property, products, Game, and services.

If, given the preceding paragraph, you shall continue to have the right under compulsorily applicable law (i.e., law which cannot be disclaimed and/or excluded under these Terms), you will have the right to litigate a dispute if you provide MixRift with written notice of your desire to do so by email to support@mixrift.com within thirty (30) calendar days following the date you first accept these Terms (such notice, an "Arbitration Opt-out Notice"). If such an Arbitration Opt-out opportunity is required under compulsorily applicable law and you don’t provide MixRift with an Arbitration Opt-out Notice within the thirty (30) calendar day period, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute. Further, unless both you and MixRift otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this class action waiver is held unenforceable, then the parties’ agreement to arbitrate will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms. If the terms of this Section 19 (Arbitration) are found unenforceable as to any claim for relief, that claim must be severed from the arbitration and brought pursuant to Section 20 (Governing Law). All other claims will be arbitrated. The arbitrator, and not any court or agency, shall have exclusive authority to (a) determine the scope and enforceability of this arbitration agreement and (b) resolve any dispute related to its interpretation, applicability, enforceability, or formation including any claim that all or any part of it is void or voidable.

Arbitration Rules

The arbitration will be administered by the International Centre for Dispute Resolution as administered via the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration) The single arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within fourteen (14) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you and MixRift otherwise agree, the arbitration will be conducted in a confidential manner, in the country where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and MixRift submit to the arbitrator, and there will be no other discovery conducted (such as depositions), unless the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Notwithstanding the arbitrator’s discretion, absent a showing of good cause, in no event shall the parties be allowed more than three (3) depositions per side, and there will be no corporate deposition of the type contemplated by Federal Rule of Civil Procedure 30(b)(6) and California Code of Civil Procedure 2025.230.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will be treated as confidential and will include the essential findings and conclusions upon which the arbitrator based the award. Confirmation and enforcement of the arbitration award may be done in any court of competent jurisdiction. The arbitrator’s award of damages must be consistent with the terms of Section 16 as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses only to the extent provided under compulsorily applicable law. 

Fees

Our responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules. 

Changes to Dispute Resolution

Notwithstanding any changes to the Terms or the Game in accordance with these Terms, if MixRift changes the “Dispute Resolution” section or the “Arbitration” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (by email to support@mixrift.com) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of MixRift’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and MixRift in accordance with the provisions of the “Dispute Resolution” section and the “Arbitration” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

20. Governing law

Subject to Section 19 (Arbitration), to the extent that these Terms and applicable law allow you or MixRift to initiate litigation in a court, other than for small claims court actions, both you and MixRift agree to the exclusive jurisdiction of Romanian law. Each of the parties hereto waives any objection to jurisdiction and venue in such court. The Terms and your use of the Game are governed by the laws of Romania, excluding its conflicts-of-law rules. If you are resident in a member state of the EEA or a country in which this clause is prohibited by local law, this section does not apply to you, and does not deprive you of the protection of the mandatory provisions of the consumer protection laws in your country. Notwithstanding anything to the contrary, MixRift may apply to any court of competent jurisdiction for injunctive or other equitable relief. To clarify, if you are a User within the U.S. and Romanian law is not permitted under compulsorily applicable law governing your agreement with MixRift, Section 19 (Arbitration) of the Terms shall apply to the fullest extent permitted under applicable law, the governing law shall be that of the State of New York, and the venue for arbitration shall be New York, New York.

In the event the Uniform Computer Information Transactions Act, any version thereof, a substantially similar law or any other statutes implied for Internet transactions (collectively “UCITA”) is enacted as part of the law of any applicable state of the United States or any applicable country or any applicable region within any country, such statute shall not govern any aspect of the Terms and/or your purchase, access to, and/or use of the Game, and/or any rights or licenses granted in the Terms nor any of the parties’ rights and/or obligations arising pursuant to the Terms. The parties’ rights and obligations arising hereunder shall be governed, to the fullest extent permitted under applicable law, solely according to the Terms.

The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from the Terms.

21. Severability

If for any reason any provision of the Terms shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective only to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

22. Entire agreement, Assignment

These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. MixRift may assign its rights under the Terms without notice to you. You may not assign Your rights under the Terms.  No amendment to the Terms shall be valid unless based on a written and signed undertaking. Any waiver of any term or condition of the Terms shall not be deemed to constitute a continuing waiver. 

23. Disclosure

The Game and other related products and/or services hereunder are offered by MixRift SRL, a Romanian corporation, with registered and business offices at 27-33 Nerva Traian St, Office 6 Entry B, 1st floor, Bucharest, District 3, Romania and its affiliates. If you have questions or concerns about these Terms, contact us at:

email: support@mixrift.com. 

24. Terms Specific to Residents of the EEA

Purchases and Refunds Services

If you live in the EEA, you have certain rights to withdraw from online purchases. However, please note that once you download Purchasable Content, your right of withdrawal ends. You agree that (a) purchase of Purchasable Content may involve immediate download of such materials; and (b) you lose your right of withdrawal once your purchase is complete. If you live in the EEA, we or the applicable platform will provide you with a VAT invoice when we or the applicable platform are required to do so by law. You agree that these invoices may be electronic in format. We reserve the right to control, regulate, change, or remove any Purchasable Content without any liability to you.

25. Terms Specific to Residents of Germany

 Limitation of Liability

In the event of intentional or gross negligence, including by its representatives and vicarious agents (Erfüllungsgehilfen), either party shall be liable according to statutory provisions. The same shall apply in the event of culpably caused damages resulting from an injury to life, body or health, in the event of damages resulting from a violation of a guarantee as to quality (Beschaffenheitsgarantie), as well as in the event of defaults concealed fraudulently (arglistig verschwiegene Mängel).

In the event of damages to property and financial damages (Sach- und Vermögensschäden) caused by slight negligence of either party, its representatives or vicarious agents, such party shall be liable only in the event of a violation of a contractual core duty (wesentliche Vertragspflicht), however limited to the amount of the damage which was foreseeable at the time of conclusion of the contract and typical taking into account the nature of the contract (vorhersehbarer und vertragstypischer Schaden). Contractual core duties are such duties whose accomplishment enables proper fulfilment of an agreement and whose observance the contracting parties may and do regularly rely on.

Insofar as statutory limitations of liability acc. to Sec. 521, 599 German Civil Code apply to the provision of services free of charge, they remain unaffected by the aforementioned provisions.

Liability based on the German Product Liability Act shall remain unaffected.

Any further liability of either party other than set out above shall be excluded.