Double Loop Games, Inc.
Terms of Service

Last Updated: May 12, 2023

Welcome to Ashe Cove! These Terms of Service govern your use of Ashe Cove (the Game). The Game is a copyrighted work belonging to Double Loop Games, Inc. (Company, us, our, and we). These Terms of Service, together with our Privacy Policy, (collectively, the Terms) set forth the legally binding terms and conditions that govern your use of the Game.

These terms require the use of arbitration (Section 14.2) on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

  1. Access to the Game
    2.
    1.1 Eligibility
    Only persons meeting the following requirements may use the Game:
    (a) Persons who are at or above the legal age of majority in their jurisdiction (18 years old in most states) who agree to be bound of all of these Terms; or
    (b) Persons who are between the ages of 16 and the legal age of majority in their jurisdiction, who have the consent and are under the supervision of their parent or legal guardian and who agree, along with their parent or guardian, to these Terms.

    By downloading/installing/using/accessing the Game, you (i) acknowledge that you have read and understand these Terms; (ii) represent that you meet one of the eligibility requirements above, and (iii) accept this agreement and agree that you are legally bound by its terms. If you do not agree to these Terms, you may not download/ install/use the Game.

    1.2 License
    Subject to these Terms, your acceptance of and compliance with the same, and provided that you meet the eligibility requirements in Section 1.1 above, Company grants you a limited non-transferable, non-exclusive, revocable, limited license to download and install the Game for your personal, non-commercial use on a single device owned or otherwise controlled by you (Device) strictly in accordance with the Game 's documentation.
    1.3 Certain Restrictions
    The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, publish, host, exploit otherwise make available the Game , or any features or functionality of the Game , to any third party for any reason, including by making the Game available on a network where it is capable of being accessed by more than one device at any time; (b) you shall not modify, translate, adapt, make derivative works or improvements of the Game , whether or not patentable; (c) you shall not disassemble, decode, reverse compile or reverse engineer or otherwise attempt to derive or gain access to the source code of any part of the Game ; (d) you shall not access the Game in order to build a similar or competitive product, game or service; (e) except as expressly permitted herein, no part of the Game may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (f) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Game , including any copy thereof; and (g) you shall not remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Game . Unless otherwise indicated, any future release, update, patch, DLC, or other addition to functionality of the Game shall be subject to these Terms. All copyright and other proprietary notices on the Game (or on any content displayed on the Game) must be retained on all copies thereof.
    1.4 Modification
    Company reserves the right, at any time, to modify, suspend, or discontinue the Game (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Game or any part thereof.
    1.5 No Support or Maintenance
    Company reserves the right, at any time, to modify, suspend, or discontinue the Game (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Game or any part thereof.
    1.6 Ownership; Reservation of Rights
    Company reserves the right, at any time, to modify, suspend, or discontinue the Game (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Game or any part thereof.
  2. Acceptable Use Policy
    3.
    2.1 Acceptable Use Policy
    The following terms constitute our Acceptable Use Policy: You agree not to: (i) upload, transmit, or distribute to or through the Game any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Game unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Game to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Game , or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Game (or to other computer systems or networks connected to or used together with the Game ), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Game ; or (vi) use software or automated agents or scripts to produce multiple accounts on the Game , or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Game (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Game for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
    2.2 Enforcement
    We reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include terminating your access to the Game, the deletion of all information and Virtual Items associated with your gameplay from our live databases in accordance with Section 13 , and/or reporting you to law enforcement authorities.
  3. Feedback
    4.
    If you provide Company with any feedback or suggestions regarding the Game (Feedback), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
  4. Device Requirements
    5.
    The Game can only be used via certain devices for a list of which are provided on the Company website and/or the third-party application marketplaces (Marketplaces) where the application can be downloaded. Your Device must also meet the system requirements listed on the Company Website and/or the Marketplaces.
  5. Free Content
    6.
    Upon downloading the Game, users may have access to certain features of the Game (Free Features). Company may add, remove, modify or otherwise change the free features at any time with or without notice to you.
  6. Updates
    7.

    Company may from time to time in its sole discretion develop and provide Game updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, Updates). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings when your Device is connected to the internet either:

    (a) The Game will automatically download and install all available Updates; or
    (b) You may receive notice of or be prompted to download and install available Updates. You will promptly download and install all Updates and acknowledge and agree that the Game or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Game and be subject to all terms and conditions of these Terms.
  7. Virtual Items
    8.
    7.1
    Our Service may include virtual currencies such as virtual tokens, coins or items or services for use with our Service (collectively Virtual Items). If you are over 18 years old, you may be able to buy Virtual Items. You agree that once purchased Virtual Items have no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You also agree that you will only obtain Virtual Items only from us, and not from any third party. You agree that Virtual Items are not transferrable to anyone else and you will not transfer or attempt to transfer any Virtual Items to anyone else.
    7.2
    You do not own Virtual Items but instead you purchase a limited personal revocable license to use them - any balance of Virtual Items does not reflect any stored value.
    7.3
    You agree that all sales by us to you of Virtual Items are final and that we will not refund any transaction once it has been made. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you purchase a license to use Virtual Items from us, you acknowledge and agree that we will begin the provision of the Virtual Items to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point. For the purposes of this Section 7.3, a purchase is complete at the time our servers validate your purchase and the applicable Virtual Items are successfully credited to your account on our servers.
    7.4
    The Virtual Items that you purchase will be linked to your account with the marketplace where you make the purchase. You understand and agree that you cannot transfer Virtual Items from one account to another. You understand and agree that we are not responsible for any problems or losses associated with your marketplace account, including without limitation, problems transferring purchases from one device to another, restoring purchases from a lost or damaged device to a different device, or any other losses of Virtual Good or Virtual Money. The risk of loss of Virtual Items is transferred to you upon completion of the purchase as described in Section 7.3 above.
    7.5
    We reserve the right to control, regulate, change or remove any Virtual Items without any liability to you.
    7.6
    We may revise the pricing for Virtual Items offered through the Game at any time. We may limit the total amount of Virtual Items that may be purchased at any one time, and/or limit the total amount of Virtual Items that may be held in your account in the aggregate. You are only allowed to purchase Virtual Items from us or our authorized partners through the Game, and not in any other way.
    7.7
    Depending on your platform, any Virtual Items purchased will be purchased from your platform provider and such purchase will be subject to their respective terms of service and user agreement. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.
    7.8
    Without limiting Section 7.4, if we suspend or terminate your account in accordance with these Terms of Service you will lose any Virtual Items that you may have accumulated, and we will not compensate you for this loss or make any refund to you.
    7.9
    When you purchase items via our mobile apps (such as those you can purchase in the App Store or on Google Play) we do not collect or store any payment information from you.
  8. Indemnification
    9.
    You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Game, (b) your violation of these Terms, or (c) your violation of applicable laws or regulations. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
  9. Third-Party Materials
    10.
    The Game may contain links to third-party websites and services, including through third party advertising (collectively, Third-Party Materials). Such Third-Party Materials are not under the control of Company, and Company is not responsible for any Third-Party Materials. Company provides access to these Third-Party Materials only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Materials. You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Materials.
  10. Release
    11.
    You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Game (including any interactions with, or act or omission of, other Game users or any Third Party Materials). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
  11. Disclaimers
    12.
    THE GAME IS PROVIDED TO YOU AS IS AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND GAME PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE GAME , INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE GAME WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, GAMES, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, ACCURATE, RELIABLE, FREE FROM HARMFUL CODE, COMPLETE, LEGAL, SAFE, AVAILABLE ON AN UNINTERUPTED BASIS OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
  12. Limitation on Liability
    13.
    ACCESS TO, AND USE OF, THE GAME IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE GAME FOR:
    (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER OR DEVICE FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
    (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME, INCLUDING FOR ANY IN-APP PURCHASES, IF ANY.
    THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
  13. Term and Termination
    14.
    Subject to this Section, these Terms will remain in full force and effect while you use the Game. We may suspend or terminate your rights to use the Game at any time for any reason at our sole discretion, including for any use of the Game in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Game will terminate immediately. You understand that any termination of these Terms may involve deletion of all information and Virtual Items associated with your gameplay from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including in connection with the deletion of your information and Virtual Items. Even after your rights under these Terms are terminated, the provisions herein which by their nature should survive the termination of this agreement, will survive it, including without limitation: Sections 1.3, Section 2, Section 3, Section 6, Section 9 through 11 and Section 14.
  14. General
    15.
    14.1 Changes
    These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on the Game. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Our prominent posting of notice of such changes on our website will also be considered effective notice of such changes. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on the Game. These changes will be effective immediately for new users of the Game. Continued use of the Game following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
    14.2 Dispute Resolution
    Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
    (a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
    (b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (Notice) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Company should be sent to the Company attn.: Terms of Use Dispute at the address listed in Section 14.12 (or such other address as may be provided by the Company for this purpose. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
    (c) Arbitration. You agree that any dispute, claim or controversy arising hereunder or relating in any way to these Terms and not informally resolved shall be settled by binding arbitration County of San Francisco in the State of California, in accordance with the commercial arbitration rules of Judicial Arbitration and Mediation Services (JAMS). The arbitrator shall issue a written decision specifying the basis for the award made. The party filing a claim or counterclaim in the arbitration proceeding shall pay the deposit(s) determined by JAMS with respect to such claim or counterclaim. All other costs associated with the arbitration and imposed by JAMS shall be paid as determined by the arbitrator(s) and, in absence of such determination, equally by each party to the arbitration. In addition, unless the arbitrator awards payment of reasonable attorney and other fees to a party, each party to the arbitration shall be responsible for its own attorneys' fees and other professional fees incurred in connection with the arbitration. Determinations of the arbitrator will be final and binding upon the parties to the arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The arbitrator shall apply the substantive law of the State of California, without giving effect to its conflict of laws rules.
    (d) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
    (e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
    (f) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
    (g) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
    (h) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
    (i) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
    (j) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
    (k) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within the County of San Francisco in the State of California, for such purpose.
    14.3 Export
    The Game may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations. You must comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Game available outside the US.
    14.4 Electronic Communications
    Company is located at the address in Section 14.12. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
    14.5 Disclosures
    The communications between you and Company use electronic means, whether you use the Game or send us emails, or whether Company posts notices on the Game or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were to be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
    14.6 Severability
    If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
    14.7 Governing Law
    This Agreement is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.
    14.8 Limitation of Time for Claims
    ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE GAME MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
    14.9 Waiver
    No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement will govern.
    14.10 Entire Terms
    These Terms of Service and our Privacy Policy constitute the entire agreement between you and us regarding the use of the Game. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
    14.11 Copyright/Trademark Information
    Copyright © 2023 Double Loop Games Inc. All rights reserved. All trademarks, logos and service marks (Marks) displayed on the Game are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
    14.12 Contact Information:
    Double Loop Games Inc.
    530 DIVISADERO ST #159
    San Francisco, CA 94117
    Email: support@doubleloopgames.com
    14.13 Apple App Store Required Terms
    (a) Acknowledgement: You and Company acknowledge that the Terms is concluded between You and Company only, and not with Apple, and Company, not Apple, are solely responsible for the Game and the content thereof. In the event of any conflict between any term of these Terms and the Apple Media Services Terms and Conditions as of the Effective Date, the Apple Media Services Terms and Conditions will operate.
    (b) Scope of License: The license granted to you for the Game is limited to a non-transferable license to use Game on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Game may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
    (c) Maintenance and Support: Company solely responsible for providing any maintenance and support services with respect to the Game, as specified in the Terms, or as required under applicable law. You and Company acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Game.
    (d) Warranty: Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Game to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Game to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Game, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Company’s sole responsibility.
    (e) Product Claims: You and Company acknowledge that Company, not Apple, is responsible for addressing any of you claims of the claims of any third party relating to the Game or the your possession and/or use of that Game, including, but not limited to: (i) product liability claims; (ii) any claim that the Game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Game's use of the HealthKit and HomeKit frameworks, if applicable. Notwithstanding anything to the contrary herein, nothing in these Terms is intended to or shall limit Company's liability to the you beyond what is permitted by applicable law.
    (f) Intellectual Property Rights: You and Company acknowledge that, in the event of any third party claim that the Game or your possession and use of that Game infringes that third party's intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
    (g) Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
    (h) Developer Name and Address: Any questions, complaints or claims with respect to the Game should be directed to the contact provided in Section 14.12 above.
    (i) Third Party Terms of Agreement: You must comply with applicable third party terms of agreements, if any, when using the Game.

    (j) Third Party Beneficiary: You and Company acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of the Terms, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.