Fiveamp Terms of Service
Last Updated: October 9, 2020
The Terms of Service ("Terms") you are reading are a legally binding agreement that governs the relationship between Fiveamp, as defined below and yourself ("you") and your use of Fiveamp's products and social games for the web, mobile, or any other applicable platforms and/or devices (the "Service").
BY ACCESSING OR USING FIVEAMP'S SERVICES AND ACCEPTING THESE TERMS, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.
THE SERVICE IS STRICTLY FOR AMUSEMENT PURPOSES ONLY. THE SERVICE DOES NOT OFFER REAL MONEY GAMBLING OR AN OPPORTUNITY TO WIN REAL MONEY OR REAL WORLD PRIZES. NO ACTUAL MONEY OR ANYTHING OF VALUE CAN BE WON PLAYING THE GAMES OFFERED THROUGH THE SERVICE, AND NO ACTUAL MONEY IS REQUIRED TO PLAY.
In these Terms, "Fiveamp" refers to FIVEAMP LLC and its affiliates, which shall mean subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership. We may also refer to Fiveamp as "we" or "us".
You understand that the Service is evolving. You may be required to accept updates to the Service, and to Fiveamp's games which you have installed on your computer, mobile device or any other device. You acknowledge that Fiveamp may perform these updates remotely and agree that Fiveamp may update the Service with or without notifying you. You may need to update third-party software from time to time in order to receive the Service and play Fiveamp's games. 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: stop offering and/or supporting the Service or any particular game or part of the Service; terminate or suspend your license to use the Service or any part of it; modify or discontinue the Services; modify or remove any of the information or features contained in the Services; limit the Services' availability to any person, geographic area, or jurisdiction we choose; charge fees in connection with the use of the Services; modify and/or waive any fees charged in connection with the Services; and/or offer opportunities to some and all users of the Services. If that happens, Fiveamp is not required to provide refunds, benefits, or other compensation to players in connection with discontinued elements of the Service 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 the Fiveamp's Terms.
You may access the Services via an account with the company that provides your mobile applications, such as an Apple account. You may need to update third-party software from time to time to receive the Service and/or updates and play Fiveamp's games. During the process of creating an Account to access the Service, you may be required to select a password or to allow us to access your account information from a social network service ("Login Information"). The following rules govern the security of your Account and Login Information. For the purposes of these Terms, references to Account and Login Information shall include any account information, including user names, passwords, or security questions, whether or not created for the purpose of using the Service, that is used to access the Service (for example, account information for a social network service account from which the Service is accessed):
You undertake to monitor your Account to restrict use by those not meeting our Age Guidelines, and you will deny access to persons as set forth in our Age Guidelines. You accept full responsibility for any unauthorized use of the Service by minors and you acknowledge that you are responsible for any use of your credit card or other payment instruments (for example PayPal) by minors.
You shall not have more than one Account per platform or social network, at any given time, and shall not create an Account using a false identity or information, or on behalf of someone other than yourself.
You shall not have an Account or use the Service if you have previously been removed by Fiveamp or previously been banned from playing any Fiveamp game.
You shall not use the Service if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department's list of Specially Designated Nationals.
You must provide the equipment (computer, mobile device, tablet, etc.) necessary to connect to the Service. You are responsible to pay any fees, including Internet connection or mobile fees, or for data or cellular usage to download and use the Service.
We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
Fiveamp reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates a third party's rights.
You understand that your user ID number, name, and profile picture will be publicly available and that search engines may index your name and profile picture.
Subject to your agreement and continuing compliance with the Fiveamp's Terms, Fiveamp grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to access and use the Service using a Fiveamp supported web browser or mobile device. Use of the Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. Fiveamp's Terms do not grant you or any other party any right, title, or interest in the Service or any content in the Service. You hereby acknowledge that your license to use the Service is limited by Fiveamp's Terms, and, if you violate or if, at any point, you do not agree to any of Fiveamp's Terms, your license to use the Service shall immediately terminate, and you shall immediately refrain from using the Service. If the Service or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Service and must refrain from using the Service.
FIVEAMP MAY, IN ITS SOLE DISCRETION LIMIT, SUSPEND, TERMINATE, MODIFY, AND/OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR ANY PORTION OF IT AND PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND FIVEAMP IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES.
Without limiting any other remedies, Fiveamp may refuse access to the Service or may limit, suspend, modify, delete or terminate your Account without notice for any reason, including, but not limited to, a suspected violation of the Terms, of the terms of other application stores or platforms (such as but not limited to Apple, Google, Steam, Amazon, Windows Phone, Samsung, or Facebook), illegal or improper use of your Account, or illegal or improper use of the Services, User Content (as defined below), Fiveamp's games, or Fiveamp's intellectual property as determined by Fiveamp in its sole discretion. You may lose your user name, password, and all related information and files associated with your Account, as a result of Account termination, without responsibility on the part of Fiveamp for any damage that may result from the foregoing, and Fiveamp is under no obligation to compensate you for any such losses or results. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY FIVEAMP GAME IS A VIOLATION OF FIVEAMP POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS APPLICABLE IN YOUR JURISDICTION.
If you are between 13 and 18 years of age, your parent(s) and/or legal guardian(s) must also review and agree to these Terms and permit you to access and/or use our Services. At our sole discretion, we may require proof that you meet this requirement for age ("Age Guidelines") in connection with the use of the Services. Failure to comply with this condition will result in the closing of your Account and the loss of all Virtual Items (as defined below) acquired through your use of the Services.
In addition to the foregoing, Fiveamp may selectively remove, revoke, or modify Benefits associated with your Account. "Benefits" mean any benefits, privileges, items, licensed rights granted, earned, awarded, gifted, provided to and/or purchased by you to access and/or use online or off-line elements or features of the Service and/or products, and include but are not limited to paid and free downloadable content, virtual currency, digital and/or virtual assets, unlockable content, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, and in-game achievements. If your Account, or a particular subscription for the Service associated with your Account, is terminated, suspended and/or if any Benefits are selectively removed, revoked, or garnished from your Account, no refund will be granted, no Benefits will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Benefits associated with your Account or the particular Service.
You acknowledge that Fiveamp is not required to provide you notice before suspending or terminating your Account or selectively removing, revoking, or modifying Benefits associated with your Account. In the event that Fiveamp terminates your Account, you may not participate in any of the Services again without Fiveamp's express permission. Fiveamp reserves the right to refuse to keep Accounts for and provide access to the Service or other services to any individual. You may not allow individuals whose Accounts have been terminated by us to use your Account. If you believe that any action has been taken against your Account in error, please contact us at: firstname.lastname@example.org or submit a ticket via the applicable support channel of the game.
WE MAY DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE (I.E., NOT LOGGED INTO) FOR 180 DAYS OR LONGER. IF YOU WANT US TO CANCEL OR DELETE YOUR ACCOUNT, YOU CAN CONTACT US AT email@example.com OR SUBMIT A TICKET VIA THE APPLICABLE SUPPORT CHANNEL OF THE GAME.
You agree that any content published by you through the Service is done so through the use of technology and tools provided by Fiveamp. You agree that you are publishing such content willingly and you represent that you own such content, that you have all rights to publish said content, and that the publishing of the content complies with all applicable laws. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network, or another medium without the explicit prior written permission of Fiveamp. You grant Fiveamp the right to act as an agent on your behalf as the Service's operator.
Any communications, messages, posts, comments, chats, images, sounds, and all the material, data, text, graphics, photographs, videos, location information, or any other content, and their selection and arrangement, uploaded or transmitted through a Fiveamp game, or any other Communication Channel (as defined below) of the Service by any user, including, but not limited to, your name, profile picture, voice, likeness, biographical information and game records ("User Content") are subject, whether in whole or in part, to unlimited worldwide commercial, non-commercial and/or promotional use by Fiveamp (as further detailed below). Any text, graphics, photographs, files, or other User Content uploaded by you shall be your sole responsibility and you hereby agree that you may be held liable for any User Content that you upload, post, or otherwise transmit via the Service. Fiveamp shall not bear any responsibility for any of the above mentioned content and shall assume no responsibility for monitoring the Service for inappropriate or illegal content or conduct. We reserve the right to limit the storage capacity of User Content that you post on, through or in connection with the Service.
You hereby grant Fiveamp and its affiliates a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unrestricted, unconditional, unlimited license, including the right to sublicense, transfer and assign to third parties, and right to copy, print, host, reproduce, fix, adapt, modify, improve, retitle, translate, reformat, archive, store, cache or otherwise exploit in any manner, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, disclose, sell, resell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, in any media, at any time, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including advertising, marketing and promotions of the Service, our games and Fiveamp itself. No credit, approval, or compensation is due to you for any such use of the User Content you may submit. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content (like the right to be identified as the author of the User Content or the right to object to a certain use of that User Content). The license you grant us to use User Content (except any content you submit in response to Fiveamp promotions and competitions or any other content specifically solicited by Fiveamp) ends when you delete your User Content or you close your Account unless your User Content has been shared with others, and they have not deleted it. However, you understand and accept that removed content may persist in back-up copies for a reasonable period of time.
Comments or other materials that are sexually-oriented, explicit or suggestive or exploit people in a sexual or violent manner;
Comments or other materials that are violent or derogatory of any ethnic, racial, gender, or religious group or constitute hate speech of any kind;
Comments or other materials that harass or advocate the harassment of another person;
Comments or other materials that promote the illegal use of alcohol, drugs, or tobacco, firearms/weapons or promotes any activities that may be construed as illegal;
Comments or other materials that are false or misleading or conduct that is abusive, threatening, obscene, defamatory or libelous; or
Comments or other materials that infringe any party's trademark, trade secret, copyright, or other proprietary rights.
You acknowledge that we are not responsible for any User Content posted in connection with any portion of the Services. We are merely providing access to the Services and User Content as a service to our users to be used in accordance with these Terms. With respect to any User Content posted by other users, such users are solely responsible for the User Content they post, including, without limitation, the reliability, accuracy, and truthfulness of any such User Content. Similarly, we have no control over whether such User Content is of a nature that other users might find offensive, distasteful, or otherwise unacceptable and, accordingly, we expressly disclaim any responsibility for any User Content. Just as when you view content in any other setting, you should exercise appropriate discretion, good judgment, and caution in accessing User Content in the Services and in taking any actions based upon such User Content. Accordingly, you will bear all risks associated with any such User Content that you access or use.
Fiveamp may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted via the Service. By using the Service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that Fiveamp will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.
Fiveamp reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Service with or without notice for any reason whatsoever and we may monitor and/or record your interaction with the Service or communications (including without limitation chat text and voice communications) when you are using the Service. You hereby agree that, to the maximum extent permitted by applicable law, Fiveamp shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law.
If you are aware of any User Content posted in connection with the Services which violates the Fiveamp's Terms, please contact us at firstname.lastname@example.org or submit a ticket via the applicable support channel of the game. Please provide as much detail as possible, including a copy of the underlying material, the location where we may find it, and the reason such User Content should be removed. Please note that filing a complaint will not guarantee its removal. We only will remove User Content if we believe the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section entitled "Copyright Notices". Although we may attempt to monitor User Content, in no event do we assume any particular obligation to do so or liability for failing to either monitor the application or remove specific User Content.
The Service may provide communication channels such as but not limited to fan pages, forums, blogs communities, or chat areas ("Communication Channels") designed to enable you to communicate with other Service users and post User Content, including your feedback, questions, suggestions, ideas, submissions, observations and comments on designated topics. Fiveamp cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Service. Fiveamp shall have no responsibility to evaluate or use any ideas or information you may choose to submit and such data shall be treated as non-confidential and non-proprietary. Fiveamp is under no obligation to monitor these communication channels but may do so and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. Fiveamp may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by Fiveamp, and these communications should not be considered reviewed or approved by Fiveamp. You will be solely responsible for your activities within the Communication Channels and under no circumstances will Fiveamp be liable for any activity within the Communication Channels. You agree that Fiveamp may use, sell, exploit and disclose the comments, feedback, suggestions, concepts, ideas, know-how or techniques contained in any communications you provide in any manner, for any purpose whatsoever, commercial or otherwise, without restriction, without attribution and without compensation to you. You agree that all your communications within the Communication Channels are public, and you have no expectation of privacy regarding your use of the Communication Channels. Fiveamp is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users, including without limitations, member's misuse or misappropriation of any content or information you post in any Communication Channels. If you become aware of misuse of the Service by any person, please contact us at email@example.com or submit a ticket via the applicable support channel of the game. Your information and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses, and your personal information) may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where we believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Fiveamp, including to enforce our Terms. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring, recording access, and disclosure.
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Fiveamp games. Fiveamp reserves the right, but has no obligation, to become involved in any way with these disputes. If you have a dispute with one or more users, you release and hereby agree to indemnify us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data.
In order to encourage users to succeed in our game, we may publish data relating to the most successful users in the game according to various categories of users and statistics, as set upon our sole discretion. We may publish such statistics pertaining to successful users and create informal competitions between various categories of users in a manner which shall be accessible to all users of the game.
There is never any requirement to make any purchase of any kind to use the Service. The Service may include an opportunity to earn or purchase virtual, in-game currency, including but not limited to virtual coins, points, credits, bonuses, and/or chips all for use in the Service ("Runic") or virtual in-game items or collections (together with the Runic, "Virtual Items"). A certain number of Coins may be made available to you to collect when you log into the Service at recurring time intervals. If you exhaust your supply of Coins, you may elect to purchase additional Coins and continue to play the games through the Service or you may wait until additional free Coins are available to you. Coins and other Virtual Items are licensed to you by us for your use through the Service, subject to the limitations and other terms set out in greater detail below.
If you wish to purchase Coins or other Virtual Items, you will be required to pay a fee using "real world" money to obtain the Virtual Items. Virtual Items can never be redeemed or cashed out for "real world" money, goods, or any other item of monetary value from Fiveamp or any other party. You understand that you have no right or title in the Virtual Items appearing or originating in any Fiveamp game, whether "awarded" in a game or "purchased" from Fiveamp, or any other attributes associated with an Account or stored on the Service. Your purchase of Virtual Items is final and is not refundable, transferable, or exchangeable, except in Fiveamp's sole discretion. You may not transfer, purchase, sell, or exchange Virtual Items outside the Service, or attempt to sell, give or trade in the "real world" anything that appears or originates in the Service unless otherwise expressly authorized by Fiveamp in writing. We won't recognize those transfers as legitimate. 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 a game, without Fiveamp's written permission. Doing so is a violation of these Terms and may result in termination of your Account and/or legal action taken against you, any such transfer or attempted transfer is prohibited and void. 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 the use of the Services or stored within the Services. Fiveamp retains the right to manage, regulate, control, modify and/or eliminate Virtual Items at its sole discretion, and Fiveamp 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, Fiveamp may selectively remove or revoke Virtual Items associated with your Account upon 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 purchased or acquired from us and through means, we provide on the applicable website or otherwise expressly authorize. Fiveamp does not recognize any purchases or transfers made outside of the Service 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 game. We reserve the right to refuse your request to purchase and/or acquire Virtual Items for any reason or revise the pricing for the Virtual Items at any time. You can get a limited license to Virtual Items by visiting the purchase page in one of our games, providing your billing information, confirming the particulars of your purchase, and re-affirming your agreement to these Terms. Virtual Items purchased in our games on other applications stores or platforms such as but not limited to Apple iOS, or Android will be subject to those platforms' payment terms and conditions. Fiveamp does not control how you can pay on those platforms and shall not be liable for processing the payment by such third parties. Please review those platforms' terms of service for additional information. Your order for Virtual Items will represent an offer to us to obtain a limited license for the relevant service(s) or virtual in-game item(s) which will be accepted by us when we make the Virtual Items available in your account for you to use in our games or debit your credit card or other accounts through which you paid, whichever comes first. Your limited license to Virtual Items for use in Fiveamp games is a service provided by Fiveamp that starts when we accept your payment or redemption of third party virtual currency. When you get a limited license to use Virtual Items, they will reside in your Account until discharged through the use of the Service or otherwise surrendered as a result of a termination of the Services in accordance with these Terms. When purchasing Virtual Items or other content as may be made available, you agree to pay us the applicable charges for your purchase, including applicable taxes incurred by you or anyone using an Account registered to you, using a valid charge card or other payment methods we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. All sales of Virtual Items and/or other content are final. If your Account is charged for items you did not purchase, or you did not receive the items you purchased, or you were charged an incorrect amount, you may request a refund or correction in accordance to payment provider policy. Any refund request must be received within 96 hours from the time of purchase in order for refunds to be issued in accordance with the payment provider policy. Refund requests past 96 hours from the time of purchase will be honored according to only in accordance with our payment policy. Other than charges to your Account, you agree to notify us about any billing problems or discrepancies within 30 days after they first appear on your Account statement. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties, and other liability 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 methods of payment cannot be processed or is returned to us unpaid and, if such an event occurs, you shall immediately remit to our payment for such charge through an alternative payment method. You acknowledge that Fiveamp is not required to provide a refund for any other 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, or whether you made a payment through Fiveamp.com, applications stores or another platform such as but not limited to Apple, Google, Facebook, Steam, or any other sites or platforms where we offer our Services. All Virtual Items are forfeited by You if your Account is terminated or suspended for any reason, in Fiveamp's sole and absolute discretion, or if the Service is no longer available. If your Account, or a particular subscription for the Service associated with your Account, is terminated, suspended and/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.
You represent and warrant that you have full right and authority to use the Service and to be bound by Fiveamp's Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and Fiveamp's Terms.
You undertake that you shall not defraud, or attempt to defraud, Fiveamp or other users, and that you shall not act in bad faith in your use of the Service. If Fiveamp determines that you do act in bad faith in violation of Fiveamp's Terms, or if Fiveamp determines that your actions fall outside of reasonable community standards, Fiveamp may, at its sole discretion, terminate your account and prohibit you from using the Service.
You agree that your use of the Service shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not:
Create an Account or access the Service if do not meet the Age Guidelines;
Upload, post, transmit, or otherwise disseminate material or information that is vulgar, violent, indecent, obscene, pornographic, sexual contains nudity, excessive violence or that is, in a reasonable Users' view, otherwise offensive or objectionable subject matter or that contains a link to such content;
Libel, ridicule, defame, mock, disparage, stalk, intimidate, threaten, harass, harm, advocate, incite harassment, or abuse another person, group, Fiveamp's employees, including Fiveamp's customer service representatives, hatefully, racially, religiously, ethnically or in any other manner;
Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, RATs, keyboard loggers, spyware, adware, or any other malicious or invasive code or program, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service;
Advertise, solicit or transmit any commercial advertisements or unauthorized communications through the Service, including chain letters, junk e-mail or repetitive messages (spim or spam) and any materials that promote malware, spyware, and downloadable items to anyone;
Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other rights of any party (including rights of privacy or publicity);
Create false personas, multiple identities, multiple user accounts, set up an Account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate Fiveamp's Terms and/or the terms of service of any third-party applications or social networks through which the Service is accessed;
Attempt to obtain or reveal passwords or other private information from other members including personally identifiable information (whether in text, image, or video form), identification documents, financial information, or any information that may be sued to track, contact, or impersonate another individual, including without limitation, other users and Fiveamp's employees;
Upload or transmit (or attempt to upload or to transmit), without Fiveamp's express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware", "passive collection mechanisms" or "pcms");
Improperly use support channels to make false reports to Fiveamp or use profane and abusive language in your communications with our support personnel;
Use the Service in order to design, assist, develop, distribute, use, or publicly inform other members of "auto" software programs, "macro" software programs, "cheat utility" software programs or applications, hacks, mods, or any other unauthorized third-party software designed to allow the user to cheat or obtain an unintended advantage while using the Services or modify or interfere with the Service or any Fiveamp game experience, including, without limitation, enabling unauthorized activity related to Users' balances;
Exploit, distribute or publicly inform other members of any game error, miscue, bug, or technical malfunction which gives an unintended advantage, including but not limited to accessing one-time promotions more than once;
Deal with Virtual Items in a manner that violates these Terms, including transferring Virtual Items to other individuals, parties, or entities, selling or re-selling Virtual Items or fraudulently obtaining or acquiring Virtual Items or other products or services;
Rent, lease, sell, trade, gift, bequeath or otherwise transfer or share your Account to anyone without Fiveamp's written permission;
Access or use an Account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the Account creator without Fiveamp's written permission;
Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
Use the Service, intentionally or unintentionally, in connection with any violation of any applicable laws or regulations, or encourage or promote the violation of any applicable law or regulation or any illegal activity including, but not limited to, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service;
Attempt to use the Service on or through any service that is not authorized by Fiveamp. Any such use is at your own risk and may subject you to additional or different terms. Fiveamp takes no responsibility for your use of the Service through any service that is not authorized by it;
Collect, harvest, post, or communicate any Users' real-world personal information or private information, including personally identifiable information (whether in text, image, or video form), identification documents, or financial information through the Service;
Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service;
Interfere with the ability of others to enjoy using the Service or any Fiveamp game, including disrupt, overburden, assist or aid in the disruption or overburdening of any computer or server used to offer or support the Service or any Fiveamp game environment, or take actions that interfere with or materially increase the cost to provide the Service for the enjoyment of all its users;
Engage in any act that Fiveamp deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating Fiveamp's Terms, game rules, game mechanics, or policies;
Without Fiveamp's express written consent, modify or cause to be modified any files, codes, or any other component which is part of the Service;
Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service;
Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by Fiveamp, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;
Use the Service or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Service;
Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms;
Use any unauthorized third-party software that accesses, intercepts, "mines", or otherwise collects information from or through the Service or that is in transit from or to the Service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service to store information about Fiveamp game characters, elements, or environment. Fiveamp may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server, or the Service, whether through the use of a network analyzer, packet sniffer, or another device;
Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
Bypass any robot exclusion headers or other measures we employ to restrict access to the Service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;
Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation: (i) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service; or (ii) any connection using programs, tools, or software not expressly approved by Fiveamp;
Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher, modify or otherwise attempt to derive the object code or source code for any underlying software or other intellectual property used to provide the Service or to obtain any information from the Service using any method not expressly permitted by Fiveamp;
Copy, modify or distribute rights or content from any Fiveamp site or game, or Fiveamp's copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms;
Solicitor attempt to solicit personal information from other Users of the Service;
Use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party's uninterrupted use and enjoyment of the Service and User Content or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Service and User Content; or
Use any automatic machine to operate Fiveamp Client Software or use any other Fiveamp software, other than the Fiveamp Client Software.
Use the Fiveamp Server API with any software other than the Fiveamp Client Software.
Any use of the Service in violation of these Rules of Conduct and Usage is strictly prohibited, may result in the immediate revocation of your limited license granted hereunder and termination of your Account in Fiveamp's sole discretion; and may subject you to any criminal and financial liability for violation of criminal and civil laws.
Fiveamp retains all rights in the Service materials (including, but not limited to, any games, applications, software, titles, computer code, themes, objects, characters, character names, animations, stories, dialogue, catchphrases, concepts, artwork, designs, graphics, fonts, texts, information, pictures, video, sound, music, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, any correspondence with Fiveamp, character profile information, personalized avatar, recordings of games played and other files, and their selection and arrangement) (collectively, "Service Materials") and any patents, trademarks, designs, trade dress, brands, service marks, and any other Intellectual property rights whether registered or not ("IPR") used in relation to or with the Service and are owned or licensed by Fiveamp.
You may only use the Service Materials and IPR in connection with your use of the Services for personal, noncommercial, entertainment purposes only. The Service Materials or IPR may not be used, including any derivative use, by you in any other manner, or for any purpose, without our express written permission and/or the consent of any third party we deem necessary, except as provided for herein.
You hereby acknowledge that you do not acquire any ownership rights by using the Service or by accessing any of the Service Materials, or rights to any derivative works thereof.
If you breach these Terms or any of our other terms that apply to you, we may take action against you, up to and including terminating your account. In addition, you may be breaking the law, including breaches or violations of Fiveamp's IPR. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY FIVEAMP GAME, IS A BREACH OF FIVEAMP POLICY AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.
Fiveamp responds to notices of alleged copyright infringement that comply with the US Digital Millennium Copyright Act ("DMCA"), the E-Commerce Directive and associated legislation in the EU, and similar or equivalent applicable local laws respects the intellectual property of others, and we ask our users to do the same. If you are the owner of a copyright and you believe that your work has been copied in the Services in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Fiveamp's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA ") and similar or equivalent local laws that may apply. Fiveamp reserves the right to terminate without notice any User's access to the Service if that User is determined by Fiveamp, in its sole discretion, to be a ""repeat infringer". We do not have to notify the User before we do this. In addition, Fiveamp accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials as long as the Fiveamp approves that such technical measures don't produce any cybersecurity threat.
From time to time, we may offer limited time promotions, contests, sweepstakes, and special offers ("Promotion"), each governed by its own set of official rules. Please review the official rules associated with each such Promotion any other terms and conditions that apply to such Promotion. They will apply in addition to these Terms.
In addition, from time to time, we may promote features, programs, including offers and special gifts, both digital and tactile, that Fiveamp may offer from time to time to all or to certain eligible players ("Offers"). We are not required to give, and players are not required to accept any Offer. Offers are not transferable, redeemable, or exchangeable for other things of value, except at our sole discretion. If you accept an Offer, you may have to sign a declaration of eligibility and liability release or sign other paperwork in order to get the Offer. Some Offers will be subject to taxes and other charges, travel, or activities outside of the virtual world, all of which will be disclosed before you accept the Offer. If you accept an Offer you also assume all liability associated with the Offer. Sometimes, we may request your feedback on certain features through a promotion or our customer insights program. Any feedback you provide at our request through a promotion or program is subject to the rules of the specific promotion or program. All Offers are governed by the official rules attached to each Offer.
You hereby agree and acknowledge that the acceptance of any Offer or participation in any promotion, constitutes your consent to Fiveamp's use of your name, likeness, photograph, voice, opinions, hometown, state, and/or province for Fiveamp's purposes, at its sole discretion in any media, worldwide, without further payment or consideration.
By accessing, using, or downloading the Services you acknowledge and agree that your use of the Service, in whole, and in part (including, without limitation, all content, and user materials), shall be at your sole risk and is provided on an "as is" basis. To the fullest extent permitted by law, Fiveamp, affiliates or subsidiaries, or any of their its officers, directors, employees, contractors, partners and agents disclaim all warranties, conditions, or other terms of any kind, either explicit or implied, in connection with the Service and your use thereof, including, but not limited to, implied warranties of merchantability, title, quiet enjoyment, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. Fiveamp makes no warranties or representations about the accuracy or completeness of the content of the Service or the content of any sites linked to the Service or that the Service will be uninterrupted or error-free and assume no liability or responsibility for any:
(i) Errors, defects, mistakes, or inaccuracies of content;
(ii) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service;
(iii) Any unauthorized access to or use of Fiveamp's secure servers and/or any and all personal information and/or financial information stored therein;
(iv) Any interruption or cessation of transmission to or from the Service;
(v) Any bugs, viruses, harmful components, trojan horses, or the like which may be transmitted to or through the Service by any third party;
(vi) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service;
(vii) Human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections on account of your access to or use of the Services;
(viii) Quality, accuracy, completeness, and validity of any information or materials in connection with the Services; or
(ix) The Services will meet your requirements or that transmissions or data will be secure.
In case of a malfunction or disruption of the Services that prevent you from completing a game in which you have begun to participate, Fiveamp may allow Users to participate again in a game until the participation is complete. Fiveamp reserves the right to determine, in its sole discretion, whether it is
responsible for any such malfunction or disruption. Fiveamp also reserves the right to limit your gameplay or terminate your participation in the Services should Fiveamp determine, in its sole discretion, that you have intentionally caused such a malfunction or disruption. Fiveamp is not liable for any potential winnings or other lost opportunities from any unfinished game or a game malfunction or error of any kind. In the event of such error or malfunction, Fiveamp may in its sole discretion, adjust the number of credits or coins due to such error or malfunction.
By accessing or using the Services, you agree that Fiveamp is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Services. Any attempt to gain unauthorized access to the Services, interfere with procedures or performance of the Services, or deliberately damage or undermine the Services is subject to civil and/or criminal prosecution and will result in immediate termination of your participation and forfeiture of any prizes to which you are otherwise entitled. Any attempt to access or use any portion of the Services by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the Services, will result in civil and/or criminal prosecution, termination of your participation, and forfeiture of all prizes to which you are otherwise entitled.
In no event will Fiveamp, its affiliates or subsidiaries, or any of their directors, officers, agents, contractors, partners, and employees, be liable to you or any third party for: (i) any special, direct, indirect, incidental, punitive, exemplary or consequential damages whatsoever or any other losses, costs, or expenses of any kind including any lost profits, lost data or goodwill, legal fees, expert fees, cost of procuring substitute services, lost opportunity, or other disbursements arising, directly or indirectly, from your reliance on, access to, use of, or inability to access or use, the Service or other materials or content on, accessed through or downloaded from the Service, or browsing of the Services or through your downloading of any materials, data, text, images, video or audio from the Services; or (ii) for the conduct of third parties, including other users of the Service and operators of external sites. The risk of using the Service and external sites rests entirely with you as does the risk of injury from the Service and external sites. The disclaimers of liability contained herein apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Service under any cause of action whatsoever of any jurisdiction, whether based on warranty, breach of contract, tort (including negligence), or any other legal theory, and whether or not Fiveamp has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Fiveamp shall not be liable for user submissions or defamatory, offensive, or illegal conduct by any third party, including other users of the Service and operators of external sites and that the risk of harm or damage from the foregoing rests entirely with you.
To the fullest extent permissible under applicable laws, under no circumstances will Fiveamp, its affiliates or subsidiaries, or any of their directors, officers, agents, contractors, partners, and employees be liable to you for more than the amount you have paid Fiveamp in the ninety days (90) days immediately preceding the date on which you first assert any such claim. You acknowledge and agree that if you have not paid Fiveamp any amounts in the ninety days (90) days immediately preceding the date on which you first assert any such claim, your sole and exclusive remedy for any dispute with Fiveamp is to stop using the Service and to cancel your account.
Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations in this Section may not apply to you. In particular, nothing in these Terms shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of Fiveamp. In such jurisdictions, our liability will be limited to the fullest extent permitted by applicable law.
To the fullest extent permitted by law, you agree to release, discharge, defend, indemnify and hold Fiveamp, and each of its affiliates or subsidiaries, or any of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney's fees, arising out of or in connection with:
(i) Your use or misuse of and access to the Service;
(ii) Your violation of any term of Fiveamp's Terms;
(iii) Your breach of the representations, warranties, and covenants made herein;
(iv) Your violation of any third party right, including without limitation any copyright, property, or privacy right;
(v) Any claim that a user submission made by you has caused damage to a third party; or(vi) Any User Content you post or share on or through the Service.
Fiveamp reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Fiveamp, and you agree to cooperate with Fiveamp's defense of these claims. Fiveamp will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph and Section 15 below will survive any termination of your Account(s) or of the Service.
By agreeing to these Terms, you and Fiveamp agree that any and all past, present, and future disputes, claims, or causes of action between you and Fiveamp arising out of or relating to these Terms, the Service, the formation of these Terms, or any other dispute between you and Fiveamp or any of Fiveamp's licensors, distributors, suppliers or agents (including but not limited to any application store or platform from which the Service is accessed or downloaded), and whether arising prior to or after your agreement to this Section, (collectively, "Dispute(s)") will be governed by the procedure outlined below. You and Fiveamp further agree that any arbitration pursuant to this Section shall not proceed as a class, group, or representative action.
"Country of Residence" for purposes of this Section 15 means the country in which you hold citizenship or legal permanent residence, as well as any country from which you regularly access and use the Service. If more than one country meets that definition for you, then your country of citizenship or legal permanent residence shall be your Country of Residence, and if you have more than one country of citizenship or legal permanent residence, it shall be the country with which you most closely are associated by permanent or most frequent residence.
(a) Governing Law.
(a.1) These Terms will be interpreted in accordance with the laws of the country of the United States without regard to conflict- or choice-of-law principles. The agreement to arbitrate contained in this Section 15, its scope, and its enforcement shall also be governed by the United States Federal Arbitration Act without regard to conflict- or choice-of-law principles.
(a.2) If your Country of Residence is not the United States, these Terms, including the arbitration agreement contained in this Section 15, will be interpreted in accordance with the laws of the country of the United States without regard to conflict- or choice-of-law principles.
(b) Informal Dispute Resolution. Fiveamp wants to address your concerns without needing a formal legal case. Before filing a claim against Fiveamp, you agree to try to resolve the Dispute informally by contacting firstname.lastname@example.org. Similarly, Fiveamp will undertake reasonable efforts to contact you (if we have contact information for you) to resolve any claim we may possess informally before taking any formal action. If a dispute is not resolved within 15 days after the email noting the Dispute is sent, you or Fiveamp may initiate an arbitration proceeding as described below.
(c) We Both Agree To Arbitrate. By agreeing to these Terms, you and Fiveamp each and both agree to resolve any Disputes through final and binding arbitration as discussed herein, except as set forth under "Exceptions to Agreement To Arbitrate" below.
(d) Opt-out of Agreement to Arbitrate. You may decline this agreement to arbitrate by contacting email@example.com within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement. By opting out of the agreement to arbitrate, you will not be precluded from using the Service, but you and Fiveamp will not be permitted to invoke the mutual agreement to arbitrate to resolve Disputes under the terms otherwise provided herein.
(e) Arbitration Procedures and Fees.
(e.1) You and Fiveamp agree that the American Arbitration Association ("AAA") will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes in effect at the time arbitration is sought. Those rules are available at www.adr.org. The arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules. You and Fiveamp further agree that the arbitration will be held in Texas, or, at your election, will be conducted telephonically or via other remote electronic means. The AAA rules will govern payment of all arbitration fees.
(f) Arbitration Shall Proceed Individually. Regardless of your County of Residence or the rules of a given arbitration forum, you and Fiveamp agree that the arbitration of any Dispute shall proceed on an individual basis, and neither you nor Fiveamp may bring a claim as a part of a class, group, collective, coordinated, consolidated or mass arbitration (each, a "Collective Arbitration"). Without limiting the generality of the foregoing (and as an illustrative but not exhaustive example), a claim to resolve any Dispute against Fiveamp will be deemed a Collective Arbitration if (i) two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and (ii) counsel for the claimants are the same, share fees or coordinate across the arbitrations. "Concurrently" for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.
(g) Class Action and Collective Arbitration Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR FIVEAMP SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY COLLECTIVE ARBITRATION (AS DEFINED ABOVE) OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THESE TERMS, IN THE EVENT ALL OR ANY PORTION OF SUBSECTIONS (G) OR (H) OF THIS SECTION 15 (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) ARE FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE, THEN THE ENTIRETY OF THIS SECTION 15 (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) MAY BE DEEMED VOID AND AS HAVING NO EFFECT UPON EITHER PARTY'S ELECTION.
(h) Judicial Forum for Disputes. Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Fiveamp agree that any judicial proceeding may only be brought in a court of competent jurisdiction in Texas - United States. Both you and Fiveamp consent to venue and personal jurisdiction there.
You are subject to all laws of the geography in which you reside and from which you access the Services and are solely responsible for obeying those laws. You agree Fiveamp cannot be held liable if laws applicable to you restrict or prohibit your participation. Fiveamp makes no representations or warranties, implicit or explicit, as to your legal right to access or participate in the Services nor shall any person affiliated, or claiming affiliation, with Fiveamp have authority to make any such representations or warranties. Fiveamp reserves the right to monitor the location from which you access the Services and to block access from any jurisdiction in which participation is illegal or restricted.
Fiveamp's Terms constitute the entire agreement between you and Fiveamp relating to the subject matter hereof, and (except in the case of fraud or made a fraudulent misstatement) supersede all prior understandings of the parties relating to the subject matter hereof, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us. Nothing in this subsection will prevent Fiveamp from modifying Fiveamp's Terms.
You and Fiveamp agree that if any portion of Fiveamp's Terms is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of Fiveamp's Terms, which shall continue to be in full force and effect.
Fiveamp may assign or delegate Fiveamp's Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under Fiveamp's Terms without Fiveamp's prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
The failure of Fiveamp to require or enforce strict performance by you of any provision of the Fiveamp's Terms or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Fiveamp's right to assert or rely upon any such provision or right in that or any other instance. The express waiver by Fiveamp of any provision, condition, or requirement of Fiveamp's Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in this these Terms, no representations, statements, consents, waivers, or other acts or omissions by Fiveamp shall be deemed a modification of these Terms nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Fiveamp.
You acknowledge that the rights granted and obligations made under Fiveamp's Terms to Fiveamp are of a unique and irreplaceable nature, the loss of which shall irreparably harm Fiveamp and which cannot be replaced by monetary damages alone. Accordingly, Fiveamp shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Fiveamp game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section "Limitation of Liability" set forth above (if any).
The headings titles in these Terms are provided solely for convenience and have no legal or contractual significance.
Fiveamp shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Fiveamp, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Fiveamp's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
We may notify you via postings on www.fiveamp.com, and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under Fiveamp's Terms shall be in writing and addressed to: Fiveamp, 10921 Hollow Ridge, Helotes, TX 78023 Any notices that you provide without compliance with this Section on Notices shall have no legal effect. If you have any questions regarding the Fiveamp's Terms, you may contact us at the following address: firstname.lastname@example.org or submit a ticket via the applicable support channel of the game.
If you have questions about the terms, we encourage you to primarily contact us through the game so we can reply to you more quickly.