Terms of service.
TERMS OF SERVICE FOR FATAL FRONTIER 1869
Last updated and effective: December 1, 2025
Introduction
These Terms of Service for Fatal Frontier (“Terms of Service”) apply to your use of Fatal Frontier, a skill-based video game (the “Game”), including all content, images, characters, functionality, virtual currency, virtual resources, sounds and music, moving or still graphics, logos, trade dress, underlying software code, and services available in or through your use of the Game. The Game is owned, operated and offered for play by Paydirt Games Inc. (referred to as “Paydirt,” “we” “us” or “our”). References in these Terms of Service to “you”, “your” or “user” means any person accessing, using, or playing the Game.
The Game is intended for residents of the fifty United States (including D.C.), who are 18 or older (if the age of majority is higher in your jurisdiction) physically located within the U.S. The main version of the Game is a free to download and play. We also offer a limited access pay to play module for the Game (called “Prospecting Mode”) described in more detail below.
Prospecting Mode is not available to residents or other persons located in Delaware, Louisiana, Michigan, Montana, or Tennessee, Louisiana, outside of the fifty United States, or anywhere it would be restricted or prohibited by law. Complete eligibility requirements to access the Game are in Section 2.2 below.
The Game is a skill-based video game for your personal entertainment. Your adventures, outcomes and other experiences in the Game (regardless of version or module) depend on your individual dexterity, judgement, skill, strategy and problem-solving ability.
Your access to and use of the Game is subject to these Terms of Service, as they may be amended from time to time. You evidence your acceptance of these Terms of Service when you download the Game, download any updates or upgrades, and/or continue to access or use the Game, in any form, after changes to these Terms of Service. Use of the Game is also subject to our Privacy Policy. Do not use, download or otherwise access the Game directly or indirectly if you do not agree with any part of these Terms of Service or the Privacy Policy. If you access the Game via a third-party platform or leave the Game to access a third-party platform, you may be required to comply with additional terms of the third party, which we do not control.
We reserve the right to change these Terms of Service at any time without prior notice. The changes will be effective upon posting to FatalFrontier.com or other notification of the changes to you by email, through the Game or otherwise. Your use of the Game following changes to these Terms of Service signifies your acceptance to the updated version of these Terms of Services. We reserve all rights in the Game, including the right to modify the Game.
An account (as described below) is required to play the Game. The account will be deemed to be “dormant” if you have not logged into it for a continuous period of ninety (90) days of more. If your account status is categorized as dormant, we reserve the right to immediately terminate your Limited Access Rights under Section 4.1 and close your Account.
SECTION 1: KEY PROVISIONS IN THESE TERMS
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY STILL APPLY TO YOU EVEN IF YOU DID NOT READ THEM AS CAREFULLY AS YOU SHOULD HAVE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE IN FULL, YOU ARE NOT PERMITTED (AND ARE PROHIBITED) TO ACCESS AND/OR PLAY THE GAME.
IN PARTICULAR, WE WISH TO DRAW YOUR ATTENTION TO THE FOLLOWING SECTIONS OF THESE TERMS OF SERVICE:
● Arbitration: Section 18.2 contains an agreement to submit any disputes to binding arbitration in Wilmington, Delaware and a class action waiver.
● Eligibility: Section 2.2 explains who is eligible to access the Game and the consequences if you do not meet the eligibility criteria. Not all eligible players will have access to the paid elements of the Game. Section 2.5 further describes who can play Prospecting Mode.
● Limited access rights: Section 4 describes your limited rights to play the Game and access and use virtual currency and virtual resources while playing the Game. All elements and aspects of the Game remain owned by us and our licensors, subject to your limited right of use as long as you abide by these Terms of Service, and you do not acquire any ownership in any part or portion of the Game, including, without limitation in-Game currency or other digital assets, which are only available for use in the Game.
● Streaming: Some people like to stream game play. If that’s you, you can do it as long as you do it according to Sections 7.3 and 11.
● Bad acts: The Game is “for fun” and players are expected to demonstrate fair play and good sportsmanship. There are certain acts or activities, and certain omissions, that we view as impermissible and not in keeping with the spirit of the Game. These are described at Sections 9 (Prohibitions) and 10 (Unfair Acts). Don’t do these things. Engaging in any of them is a breach of these Terms of Service and may result in suspension or closure of your Account.
● When we can suspend or close your Account: There are certain circumstances where we may suspend or close your Account, as described in Sections 4 and 13.
● Errors: Perfect software does not exist. Please note in particular that we do not guarantee virtual currencies or other virtual resources won’t be lost or voided in connection with an error or malfunction in the Game. We disclaim any warranties in Section 14.
● Limitations of Liability: Section 15 contains certain limits on our liability in connection with your use of the Game.
SECTION 2: ELIGIBILITY TO PLAY; ACCOUNT REQUIRED TO PLAY
2.1 Authorized access to the Game is conditioned in your first signing up with us by completing the registration process to obtain an account with us (“Account”) and your otherwise being an eligible user and abiding by these Terms of Service.
2.2 As indicated above, the Game is offered only for individual persons who meet the requirements below for the entire time they seek to access the Game:
(a) 18 or older (if the age of majority is higher than 18 in your jurisdiction), and
(b) resident in the fifty United States (including D.C.), and
(c) physically located in the fifty United States at the time of Game play.
Additionally:
(d) We are required to share your personal information with our third party providers of age verification and geo-location services in order to verify your eligibility to access Prospecting Mode within the Game, subject to our Privacy Policy. You must enable and allow ‘Location Services’ on your device or PC at all times when accessing the Game.
(e) You will also need a valid email address and Internet access to play the Game. The email address is required to create an Account and receive notifications from us. All charges, costs or fees charged by a user’s carrier or service provider to access the Internet are the user’s sole responsibility.
2.3 If we become aware that you do not fulfil all of the eligibility criteria set out at this Section 2.2, we may close your Account. Account closure forfeits all virtual currency and virtual resources in the account and we have no liability to you for any such forfeiture. We do not “bank” any real U.S. Dollars for Prospecting Mode so there will not be any “real” currency in a closed Account.
2.4 Notwithstanding Section 2.2, access to the Game is void anywhere it would be restricted or prohibited by law, including without limitation from countries restricted or embargoed by the U.S. government. We are not implying you can access the Game if you do not meet these criteria, but we intend that these Terms of Service apply to ANYONE accessing the Game, even if such person should not be accessing the Game because they do not meet these eligibility criteria or are accessing the Game on an unauthorized or unpermitted basis (e.g., underage user or user outside of the United States. We intend to enforce these Terms of Service to the fullest extent permitted by law against anyone who access the Game.
2.5 As indicated above, while the main version of the Game is a free to play, we also offer the Prospecting Mode module that has payable features and whose access is not available to residents of, or persons in, Delaware, Louisiana, Michigan, Montana, or Tennessee, Louisiana, outside of the fifty United States, or anywhere it would be restricted or prohibited by law (“Void Locations”).
2.6 The possible availability of the Game outside of the United States does not constitute an offer, solicitation or invitation by us for the use of the Game in any jurisdictions in which such activities are prohibited by law. Under no circumstances will we be liable for any breach of the law of any state, country or other localities that may occur as a result of your use of the Game other than as permitted under these Terms of Service. We are headquartered in the U.S. and offer the Game to a U.S. audience. Any users access the Game from outside of the U.S. do so at their own risk and are responsible to comply with all applicable laws in the U.S. and the location of their access.
2.7 Misrepresenting one’s identity, age or location, other characteristics or Account information in order to gain unauthorized access to the Game is a material violation of these Terms of Service. Masking the location of the device used to play the Game is also a violation of these Terms of Service, whether or not you were in fact located in a permissible jurisdiction to access the Game.
2.8 The Game is not knowingly offered by us or on our behalf to minors. Parents or legal guardians may notify us of unpermitted access by a minor and we will be glad to close any corresponding Account created by the minor.
2.9 USE OF THE GAME IS STRICTLY LIMITED TO ELIGIBLE PERSONS’ PERSONAL USE OF THE GAME FOR THEIR INDIVIDUAL PERSONAL ENJOYMENT OR ENTERTAINMENT (AND NOT FOR ANY COMMERCIAL PURPOSE, INCLUDING WITHOUT LIMITATION, TO ADVERTISE OR PROMOTE OTHER PRODUCTS OR SERVICES, TO CREATE A COMPETING GAME OR TO MONETIZE THE GAME BY GIVING ACCESS TO ONE’S ACCOUNT OR VIRTUAL RESOURCES TO SOMEONE ELSE FOR ANYTHING OF VALUE).
2.10 EACH USER IS EXPECTED TO USE THE GAME IN COMPLIANCE WITH ALL LAWS APPLICABLE TO THEM OR APPLICABLE WHERE THEY ARE LOCATED. USE OF THE GAME IN ANY VOID JURISDICTIONS IS STRICTLY PROHIBITED.
SECTION 3: ACCOUNT INFORMATION AND VERIFICATION
3.1 Complete and accurate information from and about you, the user, is required to create an Account and access to the Game at all times. You are responsible to update any changed contact information or inaccurate information about yourself or your Account.
3.2 Prospecting Mode may permit additional purchases of certain in-Game resources for U.S. Dollars and/or exchange and withdrawal of virtual Game currency as real world U.S. Dollars as notified to you in the Game dashboard (and subject to updates to requirements for payments and exchange as we may make from time to time). In order to engage in a payment or an exchange and withdrawal, our third-party payment processor(s) may require us to collect additional information from you to verify your identity for purposes of complying with “know your customer (KYC)” and anti-money laundering laws. Such information may include, but is not limited to, first name, last name, date of birth, address, last four digits of social security number, state/country of origin. Moreover, while we do not collect full social security numbers or bank account or payment card details, our third-party payment processor may need to request such details and other additional information from you to process your request. The data processing practices of our payment processors are their own and we do not control them. Where available, we will link to their privacy policies in the dashboard where you initiate a monetary transaction.
3.3 We and our third-party payment processors reserve the right to request copies of identification documents at any time in order to verify your identity and we reserve the right to determine whether any identification document presented to us is valid and legitimate and proves your identity, age and eligibility to play the Game, in each case to our (or our third-party payment processors’) entire satisfaction.
3.4 If you decline or delay to respond to information or verification requests, or fail to provide documentation to substantiate your personal information, or block the location of your device used to access the Game, each of these is grounds to suspend your access to the Game until we have received information or identification documents that satisfy the requirements. A suspension blocks all access to any virtual currency or other virtual resources in your Account, and any pending actions in connection with the same are frozen and will not progress or be attributed to your Account during the suspension.
SECTION 4: YOUR LIMITED ACCESS RIGHTS AND THEIR DURATION
4.1 Persons in good standing under these Terms of Service (meaning, not in breach or default of these Terms of Service or having a suspended Account) and otherwise eligible to access the Game under Section 2.2, are hereby permitted to access, use and play the Game (including all elements available through the individual’s Account such as virtual currencies and other virtual resources (e.g., avatars, personas, tools, equipment, gear, etc.) within the Game) in the fifty United States strictly in accordance with these Terms of Service for the user’s own personal, non-commercial enjoyment and entertainment (“Limited Access Rights”).
(a) The Limited Access Rights are non-exclusive to users and may be extended by us to as many users as we determine. The Limited Access Rights are also revocable according to these Terms of Service. Except for the Limited Access Rights granted in Section 4.1, Paydirt and its licensors reserve all other rights in and to the Game.
(b) The Limited Access Rights in Section 4.1 apply for as long as the user desires to access the Game subject to: early termination of the user’s Account or suspension of the Account in accordance with these Terms of Service, and Paydirt’s willingness to continue to offer the Game under these Terms of Service.
4.2 Any breach or suspected breach of these Terms of Service is grounds for account closure and/or suspension as we determine. Account closure automatically terminates the Limited Access Rights. The Limited Access Rights will be suspended during the pendency of a suspension.
(a) A suspension blocks all access to any virtual currency or other virtual resources in your Account, and any pending actions in connection with the same are frozen and will not progress or be attributed to your Account during the suspension.
(b) Account closure forfeits all virtual currency and virtual resources in the account and we have no liability to you for any such forfeiture. We do not “bank” any real U.S. Dollars for Prospecting Mode; so there will not be any “real” currency in a closed Account.
4.3 Your Account will be deemed to be “dormant” if you have not logged into your Account for a continuous period of ninety (90) days of more. If your Account is categorized as dormant, we reserve the right to immediately terminate your Limited Access Rights and close your Account.
4.4 Virtual currencies and other virtual resources you accumulate or access in the Game have no independent cash value; their only value is to facilitate in-Game experiences. Paydirt has no obligation to compensate you or remunerate you for your virtual assets in any way, shape or form for any reason. The Limited Access Rights do not grant you any ownership or title into virtual assets, which are part of the Game, subject to use only pursuant to the Limited Access Rights.
4.5 Virtual items, Accounts and Limited Access Rights are not share-able or transferable. Two users are not permitted to share the same Account or contact email address. Accounts are not transferrable to another person if the user becomes disabled or dies. In the event of a user’s disability or death, their authorized personal representative, estate or heirs may contact us to close the Account.
4.6 We may restrict access to the Game from time to time as required to perform necessary maintenance and upgrades, to address a potential security issue, defend or enforce our legal rights, or in connection with our inability to communicate with you or if you don’t cooperate with giving effect to any updates or upgrades to the Game that we push out, as described elsewhere in these Terms.
SECTION 5: MANAGING YOUR ACCOUNT
5.1 You are responsible for all activities that occur under your Account, whether or not authorized. It is your responsibility to maintain the confidentiality and security of your log-in credentials and other Account information. We cannot reverse any gameplay outcomes that may have been made in error or which you believe were made by someone else under your Account.
5.2 You must immediately notify us (via support@paydirtgames.com) of any unauthorized use of your login credentials or any other suspected breach of Account security. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your login credentials or other personal information.
5.3 We reserve the right to change your user name you elect to use in the Game if we deem it derogatory, deceptive, obscene, offensive, misleading, potentially infringing the rights of third parties or too similar to another user’s name.
SECTION 6: PAYMENTS
6.1 You do not have to pay to play the Game. Users eligible (see Sections 2.2 and 2.5) to play Prospecting Mode may elect to pay for then-available enhanced virtual experiences (as notified to users in the Game) subject to the payment terms in this Section. These payment terms in Section 6 apply to both the base game and users playing in Prospecting Mode unless and until we update this Section to reflect other payments transactions.
6.2 All charges incurred in connection with the Game are payable in advance and are not refundable in whole or in part, regardless of the payment method, except as required by applicable law. Sales taxes will be collected as required by applicable law. Users acknowledge that purchases may be subject to an additional service fee, which will be added to the total amount charged and disclosed before payment is finalized.
6.3 Payment transactions may only be initiated from or to an account in the user’s name that he/she controls. If you try to pay from an account or payment method in another person’s name, the transaction may be declined in connection with “know your customer (KYC)” and anti-money laundering laws.
6.4 Paydirt is not a payment processor. We use services of third parties that are payment processors to receive payments in relation to all game modes and for Prospecting mode only permit exchange of virtual currencies for real U.S. Dollars that can be withdrawn from the Game Account to the user’s real world bank account – in each case subject to the then-current payment and exchange/withdrawal terms displayed in the user’s Game dashboard and/or Account. Actual payment processing occurs on the processor’s platform and not in the Game. Your bank or payment issuer may have its own limits on how much you can charge to a payment method or deposit to a given account, over which we have no control. These limits may create additional delays.
6.5 Payment transactions (whether a purchase in the Game or withdrawal out of a Game Account) may not be instantaneous and are subject to the standard waiting periods and review and processing times of the third-party payment processor, which Paydirt does not control. Some transactions may take five (5) or more business days.
6.6 Presently, our third-party payment partners are Approvely and Coinflow. We may update the third parties we work with from time to time without prior notice. Please see Section 3.2 above and our Privacy Policy for more information regarding information we share with the third-party payment processors so they can give effect to your requests to them. Where possible, the payment dashboard where you initiate a payment transaction will display the third-party processor’s privacy policy as well, which we do not control.
6.7 Paydirt’s records control in the event of any question or discrepancy regarding amount of or type or virtual currencies or virtual resources in an Account or relating to the Game.
6.8 Once you initiate a payment transaction, you will not be able to reverse it or halt it if you made a mistake or for any other reason. On the other hand, pending payment transactions (whether a purchase in the Game or withdrawal of U.S. Dollars to an account) may be declined or halted in the event we become aware a user is not or is no longer an eligible user, or in the event our third-party payment processors suspend or decline the transaction due to violation of law, fraud, security or other concerns according to their separate policies.
6.9 You are responsible for reporting any withdrawn amounts connected to your Account or your use of the Game that may be taxable as income to you, if such reporting is required by applicable law or by any tax authorities or any other competent authorities.
SECTION 7: INTELLECTUAL PROPERTY RIGHTS
7.1 You acknowledge, understand and agree that any and all intellectual property rights in the Game, including all copyrights, patent rights, trademark rights, trade secret rights and any other proprietary rights, throughout the world belong to us or our licensors, and that you may only use the Game in accordance with these Terms of Service and no ownership or other interest in or to the Game transfers or conveys to you by mere virtue of your accessing or playing the Game. This includes all digital currency and digital resources you have access to in the Game, which are only for use and enjoyment while playing the Game.
7.2 As between us and you, we and our licensors own all Game elements, including, without limitation, software, Game mechanics, Game algorithms, the look, feel and trade dress of the Game, its graphic user interfaces and other graphics, text, images, sounds, soundtracks, music, virtual currencies, virtual characters, including any avatar you create, and any other virtual resources and all intellectual property rights In any of the foregoing.
7.3 All trademarks, service marks, trade names, logos, domain names, and any other features of the Game (the “Paydirt Brand Features”) are the sole property of Paydirt or its licensors. These Terms of Service do not grant you any rights to use any Paydirt Brand Features whether for commercial or non-commercial use, provided that subject to complying with Section 11 below, for your own personal enjoyment and communication with friends and family, you may stream yourself playing the Game and commenting on your Game play to help educate other users on the Game and we will not object to the streaming merely on the basis that it includes Paydirt Brand Features, provided we reserve all other rights to object to the streaming under these Terms of Use, at law and under any third party platform terms where you may post the streaming.
7.4 Your ability to choose your avatar’s appearance, dress, tools, name, voice, sounds, art work, audio-visual effects or other virtual aspects does not grant, vest in you, or otherwise give you in any way any ownership in these elements of the Game. You may merely use them under your Limited Access Rights under Section 4 like other elements of the Game, which as between us as you, we and our licensors 100% own.
7.5 Any comments or feedback (“Feedback”) you provide to us regarding the Game is non-confidential and you agree we may use it, or not use it, as we determine without any requirement to attribute the Feedback to you. You grant us a non-exclusive, worldwide, perpetual, royalty-free, fully paid up right and license to link to use your Feedback for our business and marketing purposes, without any requirement to compensate you or provide you with notice, and including the right to sublicense and create derivative works.
SECTION 8: VIRTUAL CURRENCY AND VIRTUAL ITEMS
The Game may offer assorted opportunities to “mine” or acquire virtual assets and accumulate or compete for virtual currencies or other virtual items in the Game. As indicated above in several different sections, but important enough to merit its own section here (Section 8), you understand and agree that we and our licensors own all of the Game. You may only use the Game, including virtual items in the Game, as part of your Limited Access Rights under Section 4. We are not willing to make the Game available to you if you cannot accept the terms of this Section 8.
SECTION 9: PROHIBITIONS
9.1 You agree that you shall not (and you agree not to allow any third party to):
(a) violate or breach these Terms of Service;
(b) attempt to sell or transfer any virtual items in an Account to another person for money or any other thing of value;
(c) permit another person to use your Account for money or any other thing of value;
(d) adapt, translate, convert, decode, decompile, disassemble or reverse engineer any portion of the Game or its underlying software;
(e) modify, create derivative works from, sub-licence, assign, rent, lease, loan, transfer or copy any of the Game or make or distribute copies of the Game;
(f) remove any copyright, trademark or other proprietary rights notices contained in or on the Game;
(g) use any robot, spider, website search/retrieval application, or other automated device, process or means to play, access, retrieve or index any portion of the Game;
(h) access, retrieve or index any portion of the Game for purposes of constructing or populating a database;
(i) create user accounts by automated means or under false or fraudulent pretences or create multiple logins;
(j) you may not use any automation tools, macros, bots, auto-typers or any tools to (i) circumvent any technical mechanisms or protections in place, (ii) share, sell or buy any other Accounts, (iii) participate in any way whatsoever in any real-world trading of the virtual currencies or other virtual assets in the Game, (iv) use multiple accounts to circumvent any limits in these Terms of Service, or (v) exploit any known faults, bugs or vulnerabilities in the Game;
(k) create or transmit unwanted electronic communications such as “spam” to other users or members of the Game community or otherwise interfere with other users’ enjoyment of the Game;
(l) transmit or attempt to transmit any viruses, worms, defects, trojan horses or other items or malicious code of a destructive nature;
(m) use the Game to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including which is deemed threatening or obscene;
(n) copy or store any use data or material available on or in the Game other than your own personal use;
(o) use the Game in a manner that is illegal or that is reasonably likely to bring the Game or Paydirt into disrepute or to cause us or any of our officers or senior employees to be charged with a criminal offence, including but not limited to dishonesty or fraud;
(p) create obscene or vulgar signs or symbols on character dress or in parts of the Game where the character in the Game can shape holes where they mine for gold into user-directed shapes;
(q) direct characters to forgo clothes and appear fully or partially undressed or nude in the Game;
(r) use any device, software or routine that interferes with the proper working of the Game, or otherwise attempt to interfere with the proper working of the Game;
(s) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
(t) engage in denial of service attacks against the Game or systems used to host the Game or engage in any behavior or acts that have the same effects as a denial of service attack;
(u) use the Game to breach any applicable law;
(v) engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming via the Game or using information about users of the Game compiled in connection with accessing the Game;
(w) impersonate any person or entity;
(x) upload, post, email, transmit or otherwise make available using the Game any material that you do not have a right to make available under any law or contractual obligation which includes a breach of third-party intellectual property rights;
(y) make any submissions or engage in speech or actions, which may reasonably be, considered as defamatory, abusive, unlawful, offensive or of a racist, sexist or otherwise discriminatory nature or use any abusive or aggressive language or images, swear, threaten, harass or abuse us, the Game, any other users or third parties,
individually and collectively “Prohibitions”.
Each and every instance of a Prohibition shall be deemed to be a breach of these Terms of Service.
SECTION 10: UNFAIR PRACTICES
10.1 The following types of behavior when accessing and/or using the Game shall be deemed to be an unfair practice (whether done directly or indirectly by directing another user):
(a) using more than one Account;
(b) allowing a third party (including a family member or friend) to use your Account;
(c) deliberately taking unfair advantage of any fault, loophole or error in the Game;
(d) attempting to defraud us;
(e) colluding with others to create an unfair advantage (for example, this can include entering multiple family members and/or friends in order to maximize your success in the Game);
(f) cheating of any kind;
(g) providing materially false or misleading registration data;
(h) undertaking any fraudulent activity (including but not limited to money laundering);
(i) using automated processes or bots or artificial intelligence tools of any kind to facilitate any element of your gameplay; and/or
(j) any other act which we consider to affect or undermine fair play, individually and collectively “Unfair Practices”.
Each and every Unfair Practices shall be deemed to be a breach of these Terms of Service.
SECTION 11: STREAMING AND PUBLICITY
11.1 As indicated in Section 7.3 above, we encourage streaming and recording your gameplay and sharing it with your friends and family on or through social media video streaming services such as YouTube.com, Twitch.tv or TikTok.com (provided you otherwise comply with the terms of such platforms).
(a) You alone are responsible to ensure your streaming does not violate any third-party intellectual property, publicity or privacy rights, and agree to hold us, our affiliates, licensors and service providers harmless, defend and indemnify us from any third-party claims (and all associated costs, liabilities, expenses, damaged and attorneys’ fees) that your streaming violates third- party rights of any nature.
(b) We also ask that, as a courtesy, you send us a note to support@paydirtgames.com or @ us to let us know when you’re streaming so we have a chance to support and promote those who are supporting and promoting our Game.
(c) In the event you engage in streaming that shows or refers to the Game, you grant us a non-exclusive, worldwide, perpetual, royalty-free, fully paid up right and license to link to your streaming content for our business and marketing purposes, without any requirement to compensate you or provide you with notice, and including the right to sublicense and create derivative works.
11.2 We reserve the right to publish your first name and the initial of your surname or username together with your town/county/state on the Game, in any emails we may send about the Game, and on our social media sites, in each case relating to your achievements in the Game in the event that we determine to host a leaderboard or announce top achievers in the Game (based on such metrics or criteria as we may determine from time to time).
SECTION 12: LINKING
12.1 You may link to publicly available portions of the Game if you do so in a way that is fair and does not damage or take advantage of our reputation or the Game’s reputation to promote separate products and services commercially, or imply that we endorse you and your message or that you are affiliated with us. To be clear, you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. The Game must not be framed on any other website or service. We reserve the right to withdraw this linking permission without notice.
12.2 If the Game contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
12.3 Any third-party sites or technologies suggested in connection with the Game are not endorsed, controlled or verified by Paydirt. We do not guarantee that any suggested technologies will work on your device or be virus free or error free.
SECTION 13: CONSEQUENCES OF BREACHING THESE TERMS OF SERVICE
13.1 If you breach or attempt to breach these Terms of Service or engage in a Prohibition or in any Unfair Practices, or if we have reason to suspect this is occurring, we may suspend and/or close your Account and terminate your Limited Access Rights in accordance with Section 4.
13.2 If any U.S. Dollars have been deposited to your bank account as a withdrawal from the Game on fraudulent grounds or based on activities that violate these Terms of Service, we reserve the right to halt the deposit if pending or otherwise claw back the funds already been paid out or received by you and you must immediately return them to us upon our request.
13.3 If there is reasonable cause to suspect a crime has been committed or is in progress, we may share information (together with your identity) with the law enforcement and fraud prevention agencies.
13.4 We reserve the right to exercise all our legal remedies, whether or not stated in these Terms of Service.
SECTION 14: NO WARRANTIES
14.1 THE GAME IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS AND YOU PLAY IT AT YOUR OWN RISK. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, WE GIVE NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR PRACTICE. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR FREE FROM ERRORS, BUGS, CORRUPTION, LOSS, INTERFERENCE, HACKING OR VIRUSES, OR THAT THE GAME SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE.
14.2 If there is any error or malfunction with the operation of any Game or any other information provided in connection with the Game then we may correct such error at any time and may withhold, reclaim or invalidate virtual assets affected by such error.
14.3 Your computer equipment or mobile device and internet connection may affect the performance and/or operation of the Game. We do not accept any liability for any failures or issues that arise due to your equipment, internet connection or internet or telecommunication service provider.
SECTION 15: OUR LIMITATIONS OF LIABILITY
15.1 To the full extent permitted by law, we and our affiliates, licensors and service providers disclaim and shall not be liable or responsible for:
(a) your misuse of the Game;
(b) any indirect, special, or consequential losses that you may suffer as a result of playing the Game;
(c) any losses that were not foreseeable (i.e. it was not an obvious loss or damage) to you and us when you registered to play the Game;
(d) any damages or losses that are not caused by us and are outside of our control;
(e) changes in law that preclude your access to the Game;
(f) connectivity, hardware or software issues caused by third parties or factors outside of our control;
(g) incompatibility of the Game with any other software or hardware (including compatible registered devices) which is outside our reasonable control;
(h) issues arising from participating in or from downloading third party content;
(i) any damage to devices or content that belong to you where such damage would not have been caused if you had followed our instructions; or
(j) any act or default of any third-party supplier or provider, device manufacturer or provider of a device operating system, which are beyond our reasonable control.
15.2 To the full extent permissible by law, Paydirt’s aggregate liability arising out of or in connection with the Game or these Terms of Service will not exceed the total amounts you have paid (if any) to Paydirt in respect of the Game during the three (3) months immediately preceding the events giving rise to such liability.
SECTION 16: CUSTOMER SERVICE; NOTICES
16.1 If you have any questions about or issues in the Game, please contact us by email support@paydirtgames.com, providing full details of your question and your contact information. In respect of the operation of the Game and interpretation of these Terms of Service, our decisions will be final and binding.
16.2 Notices will be sent to you using the contact information in your Account, which you are required to maintain current. In the event a communication is returned to us and we are unable to communicate with you, we reserve the right to suspend your Account. You consent to electronic communications in connection with your use of the Game. We may send you notifications to the email address associated with your Account or via the Game.
16.3 We may require you to review and accept these Terms of Service and updates to the same online or in a digital format. All such notices and electronic communications will be deemed to be valid and have the same effect as paper versions for purposes of these Terms of Service.
SECTION 17: GENERAL
17.1 Certain people may react to certain visual images or patterns, including flashing lights (regardless of whether they have a diagnosed condition or history). Reactions may be reduced by playing in a well-lit room, avoiding playing while drowsy, viewing the game from some distance or on a smaller screen, and limiting duration of use.
17.2 If there is any inconsistency between the advertising/promotional copy related to any Game aspect or rules or terms in or on the Game and these Terms of Service, these Terms of Service will control.
17.3 In the event any portion of these Terms of Service is invalidated, the other provisions of shall remain in full force and effect.
17.4 A failure to exercise or delay in exercising a right or remedy of Paydirt under these Terms of Service or applicable laws does not constitute a waiver or future or ongoing waiver of the right or remedy.
17.5 You will reasonably cooperate with us to give full effect to these Terms of Service, including by responding to our requests for information or documentation from you.
17.6 We may update or upgrade the Game, implement security patches and make other changes in our discretion. We are not required to maintain any specific functionality in the Game and may sunset features without prior notice. In the event any action is required from you in connection with an update or upgrade, we may suspend your access to the Game if you do not promptly cooperate in the necessary action.
SECTION 18: APPLICABLE LAW AND ARBITRATION
18.1 The Game, your Account and these Terms of Service, and any associated matters, are governed by and are to be interpreted in accordance with the laws of the State of Delaware USA, without regard to its conflicts of law principles.
18.2 In the event that there is a dispute, claim, or controversy between you and us, or in connection with these Terms of Service, the Game or your Account, or the breach, termination, enforcement, interpretation, or validity of these Terms of Service, including, but not limited to, the determination of the scope or applicability of this Section 18.2 (agreement to arbitrate), such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Wilmington, Delaware before one arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect and you and we agree to submit to the same. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Delaware without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon you or us (each of us, a “party”), we the parties must jointly select an arbitrator with at least five (5) years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If we the parties do not agree on an arbitrator within ten (10) calendar days, either party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this Section 18.2 (arbitration agreement) in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought by you as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results, of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section 18.2 is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any termination of your use of the Game.
18.3 You must tell us immediately if anyone makes or threatens to make any claim or issue legal proceedings against you relating to your use of the Game or your Account. Without prejudice to any other rights or remedies that we might have, you will, at our request, immediately stop the act complained of and, if we ask you to, you must confirm the details of the claim in writing and provide whatever additional information that we request from you. If you fail to stop the act or acts complained of, we reserve the right to take any and all appropriate legal action against you available to us under these Terms of Service, at law or in equity.
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