TERMS OF USE

PLEASE READ THESE TERMS OF USE (¡°AGREEMENT¡±) CAREFULLY BEFORE USING THE SOFTWARE OFFERED BY JACK STUDIO. BY DOWNLOADING, USING, OR ACCESSING THE COMPANY MOBILE APPLICATION, SOFTWARE, AND/OR ANY DATA OR CONTENT THAT IS ACCESSED, CONTAINED, OR UTILIZED IN OR BY THE APPLICATION OR SOFTWARE (COLLECTIVELY, THE ¡°SOFTWARE¡±) IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU HAVE NO RIGHT TO USE THE SOFTWARE, AND YOU MUST UNINSTALL THE SOFTWARE FROM ALL OF YOUR DEVICES IMMEDIATELY. USE OF THE SOFTWARE IS VOID WHERE PROHIBITED. USE OF THE SOFTWARE IS ALSO GOVERNED BY JACK STUDIO¡¯S PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE.

1. ACCESS TO THE SOFTWARE.

When accessing or using the Software, including browsing any JACK STUDIO website or accessing a game, you agree to these Terms of Use and the Privacy Policy. You may also be required to register an account on the Software (an ¡°Account¡±). By registering for an Account or otherwise using the Software, you represent that you are age 13 or older and you understand and agree to these Terms of Use. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms. Subject to the terms and conditions of this Agreement, Company grants you a non-exclusive, non-transferable, non-assignable license (without right to sublicense) to install and use one copy of the Software on your personal computer or mobile device, solely in machine executable object code form and solely for your own personal, non-commercial use, and not for the benefit of any third party. The Software is owned and operated by Company. Company may change, suspend or discontinue the Software at any time, including the availability of any feature, database, or content. Company may also impose limits on certain features and services or restrict your access to parts or all of the Software without notice or liability. Company reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Company¡¯s website, or by sending you a notice via email or via the Software or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Software following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.

Company does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Software. If you are under 13, please do not attempt to register for the Software or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to Company or on the Software. In the event that we learn that we have collected personal information from a child under the age of 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under the age of 13, please contact us at jackstudio1800@gmail.com.

You represent and warrant to Company that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent¡¯s permission to do so, and you are at least 13 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Software and take full responsibility for the selection and use of and access to the Software. This Agreement is void where prohibited by law, and the right to access the Software is revoked in such jurisdictions. WITHOUT LIMITING ANY OTHER REMEDIES, COMPANY MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO COMPANY SOFTWARE OR PORTIONS THEREOF IF YOU ARE, OR COMPANY SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF USE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SOFTWARE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SOFTWARE, AND COMPANY IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, COMPANY MAY LIMIT, SUSPEND OR TERMINATE THE SOFTWARE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SOFTWARE, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SOFTWARE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, COMPANY MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

2. SOFTWARE CONTENT

All materials displayed or performed on the Software (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Company game client, and the Company game clients and server software) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any content accessed through the Software, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.

You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 2), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Software in whole or in part.

In the course of using the Software, you and other users may provide information which may be used by Company in connection with the Software and which may be visible to certain other users. You understand that by posting information or content on the Software or otherwise providing content, materials or information to Company or in connection with the Software (collectively, ¡°User Submissions¡±), Company hereby is and shall be granted a non-exclusive, worldwide, royalty free, perpetual, irrevocable, and transferable right to fully exploit such User Submissions (including all related intellectual property rights) and to allow others to do so; however, Company will only share personally identifiable information identified in the Company¡¯s current Privacy Policy https://s3-us-west-1.amazonaws.com/vegasroller/terms.html in accordance with that policy. You also hereby do and shall grant each user of the Software a non-exclusive license to access your User Submissions through the Software, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Software and under this Agreement. Furthermore, you understand that Company retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. You understand that all information publicly posted or privately transmitted through the Software is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content. You understand that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Software. Additionally, Company cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Software is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

3. YOUR WARRANTY.

You warrant, represent and agree that you will not contribute any content or otherwise use the Software in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, dangerous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Company¡¯s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Company; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Company reserves the right to remove any content from the Software at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Company, remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Software, and you warrant that you possess all rights necessary to provide such content to Company and to grant Company the rights to use such information in connection with the Software and as otherwise provided herein.

4. RESTRICTIONS.

Do not attempt to configure the Software or input information while operating a vehicle. Failure to pay attention to the operation of your vehicle or traffic, road signs, conditions or safety hazards could result in death, serious injury, or property damage. Directions provided by the Software may not be accurate or complete. You assume total responsibility and risk for all of your activity in connection with the Software. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Software. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Company user. Use of the Software to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or ¡°spam¡± on the Software, or any processes that run or are activated while you are not logged on to the Software, or that otherwise interfere with the proper working of or place an unreasonable load on the Software¡¯ infrastructure. Further, the use of manual or automated software, devices, or other processes to ¡°crawl,¡± ¡°scrape,¡± or ¡°spider¡± any portion of the Software is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Software. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Software.

5. WARRANTY DISCLAIMER.

Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Software; what content you access via the Software; what effects the Software or the content accessed therein may have on you; how you may interpret or use the content accessed via the Software; or what actions you may take as a result of having been exposed to the Software. You release Company from all liability for you having acquired or not acquired content through the Software. The Software may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Software, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Software. THE SOFTWARE AND ANY COMPANY SERVICES RELATED THERETO ARE PROVIDED ON AN ¡°AS IS¡± BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

6. PRIVACY POLICY.

For information regarding Company¡¯s treatment of personally identifiable information, please review Company¡¯s current Privacy Policy at https://s3-us-west-1.amazonaws.com/vegasroller/terms.html, which is hereby incorporated by reference; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by Company¡¯s Privacy Policy.

7. REGISTRATION AND SECURITY.

As a condition to using some aspects of the Software, you may be required to register with Company and select a password and user name (¡°Company User ID¡±). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a Company User ID a name of another person with the intent to impersonate that person; or (ii) use as a Company User ID a name subject to any rights of a person other than you without appropriate authorization. Company reserves the right to refuse registration of or cancel a Company User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.

8. INDEMNITY.

You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys¡¯ fees) from any claim or demand made by any third party due to or arising out of your access to the Software, use of the Software, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

9. LIMITATION OF LIABILITY.

IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SOFTWARE OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF FEES PAID BY YOU THEREFOR OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY¡¯S REASONABLE CONTROL (INCLUDING WITHOUT LIMITATION ANY DAMAGE YOU MAY SUFFER BY USING THE SOFTWARE WHILE OPERATING A MOTOR VEHICLE, IN VIOLATION OF THIS AGREEMENT). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Company may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Company¡¯s liability shall be the minimum permitted under such applicable law. IN PARTICULAR, NOTHING IN THESE TERMS OF USE 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 COMPANY.

You agree to indemnify, defend and hold Company harmless from any claim, demand, damages or other losses, including reasonable attorneys¡¯ fees, asserted by any third-party resulting from or arising out of your use of the Software, or any breach by you of these Terms of Use, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

10. FEES AND PAYMENT.

In the Software you may purchase, with ¡°real world¡± money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) ¡°virtual currency¡±, including but not limited to virtual cash or diamonds, all for use in Company games; (b) ¡°virtual in-game items¡± (together with ¡°virtual currency¡±, ¡°Virtual Items¡±); and (c) other goods or services (¡°Merchandise¡±). You are only allowed to purchase Virtual Items from us or our authorized partners through the Software.

Company may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Company shall have no liability to you or any third party in the event that Company exercises any such rights.

The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Software. Other than as expressly authorized in the Software, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to Company, another user or any third party.

ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SOFTWARE ARE FINAL AND NON-REFUNDABLE.

The provision of Virtual Items for use in Company games is a service provided by Company that commences immediately upon acceptance by Company of your purchase.

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Company may revise the pricing for the goods and services offered through the Software at any time. YOU ACKNOWLEDGE THAT COMPANY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

11. THIRD PARTY WEBSITES AND SERVICES.

The Software may contain links to third party websites or services that are not owned or controlled by Company. When you access third party websites or services, you do so at your own risk. You hereby represent and warrant that you have read and agreed to be bound by all applicable policies of any third party websites or services relating to your use of the Software and that you will act in accordance with those policies, in addition to your obligations under this Agreement. Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or services. In addition, Company will not and cannot monitor, verify, censor or edit the content of any third party site.

By using the Software, you expressly relieve and hold harmless Company from any and all liability arising from your use of any third party website or service. Your interactions with organizations and/or individuals found on or through the Software, including payment and delivery of goods or Software, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: ¡°A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.¡±

12. TERMINATION.

This Agreement shall remain in full force and effect while you use the Software. You may terminate your use of the Software at any time by uninstalling it from your device. Company may terminate or suspend your access to the Software, for any reason or for no reason, and without warning, which may result in the forfeiture and destruction of all information associated with your use of the Software. Company may also terminate or suspend your use or access to any and all Software immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. Upon termination of your account, your right to use the Software, access will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

13. MISCELLANEOUS.

The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company¡¯s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including ¡°line-noise¡± interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Company¡¯s prior written consent. Company may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of California without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Los Angeles, California, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (¡°Jack Studio¡±) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of Jack Studio arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JACKS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the District of California. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever.

14. FORCE MAJEURE.

Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Company, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Company¡¯s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

15. COPYRIGHT DISPUTE POLICY.

Company has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Company¡¯s Designated Agent to Receive Notification of Claimed Infringement (¡°Designated Agent¡±) is listed at the end of this Section. It is Company¡¯s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

16. TERMS REQUIRED BY APPLE.

In the event you obtained the Software through the Apple App Store, offered by Apple, Inc. (¡°Apple¡±), the following shall apply:

17. CONTACT.

If you have any questions, complaints, or claims with respect to the Software, you may contact us at jackstudio1800@gmail.com.