USER AGREEMENT

Welcome to Tangent Universe. This Agreement governs your access and use of products, content and services offered by Tangent Universe and its subsidiaries ("Tangent Universe"), such as game software and related updates, upgrades and features, and all online and mobile services, platforms, websites, and live events hosted by or associated with Tangent Universe (collectively "Tangent Universe Services"). This Agreement is between you and the Tangent Universe entity listed in Section 13B below.

USER AGREEMENT

ⓘ You agree to these terms when you use our games or any of our services.

ⓘ If you don’t agree, please don’t install or use our games or services.

BY USING TANGENT UNIVERSE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE TANGENT UNIVERSE SERVICES. FOR RESIDENTS OF CERTAIN COUNTRIES, YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 15 TO RESOLVE ANY DISPUTES WITH TANGENT UNIVERSE.

1. TANGENT UNIVERSE ACCOUNT

ⓘ You need a Tangent Universe Account to play most Tangent Universe games. To create one, you must be at least the minimum age. Tangent Universe can suspend or terminate your account if you break this agreement. You may cancel your Tangent Universe Account or any Tangent Universe subscriptions at any time.

You need a Tangent Universe Account to access and use many Tangent Universe Services, including to play online.

To create a Tangent Universe Account, you must have a valid email address, and provide truthful and accurate information. You must be eligible to use the Tangent Universe Service for which you are registering and must be a resident of a country where use of Tangent Universe Services is permitted.

You must be at least 13 years of age (or the minimum age of your country of residence) to create a Tangent Universe Account. If your age is between the relevant minimum age and 18 (or the age of majority where you live), you and your parent or guardian must review and agree to this Agreement together. Parents and guardians are responsible for the acts of children under 18 years of age when using Tangent Universe Services. Tangent Universe recommends that parents and guardians familiarize themselves with parental controls on devices they provide their child.

You are responsible for the activity on your Tangent Universe Account; it’s yours, don’t share it. Your Tangent Universe Account may be suspended or terminated if someone else uses it to engage in activity that violates this Agreement.

You may cancel your Tangent Universe Account or a subscription to a Tangent Universe Service at any time by contacting Tangent Universe's Customer Support at support@tangentuniversestudios.com. To complete your request, Tangent Universe may collect fees or costs incurred, if allowed by law, and any amounts owed to third-party vendors or content providers.

2. LICENSE

ⓘ Tangent Universe grants you access to our games and services to you for your personal enjoyment.

The Tangent Universe Services are licensed to you, not sold. Tangent Universe grants you a personal, limited, non-transferable (i.e., not for sharing), revocable and non-exclusive license to use the Tangent Universe Services to which you have access for your non-commercial use, subject to your compliance with this Agreement. You may not access, copy, modify or distribute any Tangent Universe Service, Content or Entitlements (as those terms are defined below), unless expressly authorized by Tangent Universe or permitted by law. You may not reverse engineer or attempt to extract or otherwise use source code or other data from Tangent Universe Services, unless expressly authorized by Tangent Universe or permitted by law. Tangent Universe or its licensors own and reserve all other rights, including all right, title and interest in the Tangent Universe Services and associated intellectual property rights.

3. CONTENT AND ENTITLEMENTS

ⓘ Tangent Universe provides games, features and content through a series of entitlements. Some entitlements are unlocked using virtual currency that has no value outside of our games.

The Tangent Universe Services include Content and Entitlements. Content is the software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or coming from Tangent Universe Services, as well as the design and appearance of our websites. Content also includes user-generated Content ("UGC"). UGC includes Tangent Universe Account personas, forum posts, profile content and other Content contributed by users to Tangent Universe Services. All Content is either owned by Tangent Universe or its licensors, or is licensed to Tangent Universe and its licensors pursuant to Section 5 below.

Entitlements are rights that Tangent Universe licenses to you to access or use the online or off-line elements of Tangent Universe Services. Examples of Entitlements include access to digital or unlockable Content; additional or enhanced functionality (including multiplayer services); subscriptions; virtual assets; unlock keys or codes, serial codes or online authentication; in-game accomplishments; and virtual points, coins, or currencies.

We refer to these virtual points, coins or currencies as "Tangent Universe Virtual Currency". When you obtain Tangent Universe Virtual Currency from us or our authorized partners, you receive a personal, limited, non-assignable, non-exclusive, revocable license to access and select the Entitlements that Tangent Universe expressly makes available to you.

Tangent Universe Virtual Currency has no monetary value and has no value outside of our products and services. Tangent Universe Virtual Currency cannot be sold, traded, transferred, or exchanged for cash; it only may be redeemed for Entitlements available for the Tangent Universe Service. Tangent Universe Virtual Currency is non-refundable, and you are not entitled to a refund for any unused Tangent Universe Virtual Currency. Once you redeem Tangent Universe Virtual Currency for an Entitlement, that Entitlement is not returnable, exchangeable, or refundable.

You will provide at your own expense the equipment, Internet connection and charges required to access and use Tangent Universe Services.

4. AVAILABILITY OF TANGENT UNIVERSE SERVICES AND UPDATES

ⓘ Our games and services may not always be available or operate on all devices. We also may make updates or changes to our games and services, which might impact your use or game progress.

We do not guarantee that any Tangent Universe Service, Content or Entitlement will be available at all times, in all locations, or at any given time or that we will continue to offer a particular Tangent Universe Service, Content or Entitlements for any particular length of time. Tangent Universe does not guarantee that Tangent Universe Services can be accessed on all devices, by means of a specific Internet or connection provider, or in all geographic locations.

From time to time, Tangent Universe may update, change or modify a Tangent Universe Service, Content or Entitlements, without notice to you. These updates and modifications may be required in order to continue to use Tangent Universe Services.

Tangent Universe may need to update, or reset certain parameters to balance game play and usage of Tangent Universe Services. These updates or "resets" may cause you setbacks within the relevant game world and may affect characters, games, groups or other Entitlements under your control.

Tangent Universe may also take actions on your Tangent Universe Account and Entitlements without notice to you to protect you or Tangent Universe, such as preventing unauthorized access, resetting Tangent Universe Account passwords, suspending Tangent Universe Account access, deleting data or removing Tangent Universe Accounts from Tangent Universe Services. Your availability to Tangent Universe Services may also be affected in response to actual or suspected Rules of Conduct violations, as further described in Section 6.

5. YOUR UGC

ⓘ You allow Tangent Universe and our players to use anything you upload or create (UGC) for free within our games and services. You are responsible for your UGC, it must be your own content or content you’re allowed to use.

You are responsible for your UGC. You may not upload UGC that infringes a third party's intellectual property rights or that violates the law, this Agreement or a third party's right of privacy or right of publicity.

Tangent Universe may, in its sole discretion, remove, edit or disable UGC for any reason, including if Tangent Universe reasonably determines that UGC violates this Agreement. Tangent Universe does not assume any responsibility or liability for UGC, for removing it, or not removing it or other Content. Tangent Universe does not pre-screen all UGC and does not endorse or approve any UGC available on Tangent Universe Services.

When you contribute UGC, you grant to Tangent Universe, its licensors and licensees a non-exclusive, perpetual, transferable, worldwide, sublicensable license to use, host, store, reproduce, modify, create derivative works, publicly perform, publicly display or otherwise transmit and communicate the UGC, or any portion of it, in any manner or form and in any medium or forum, whether now known or later devised, without notice, payment or attribution of any kind to you or any third party. You also grant to all other users who can access and use your UGC on a Tangent Universe Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant Tangent Universe Service without further notice, attribution or compensation to you.

6. RULES OF CONDUCT

ⓘ We want you to have a good time playing our games. So we expect you, like all players, to respect Tangent Universe and your fellow players. This means, for example, obey the law, don’t cheat, don’t be offensive, don’t hack our software, don’t spam or bot, don’t lie to Tangent Universe or our players. Those are the highlights. Read the full list of what not to do in the Rules of Conduct.

When you access or use an Tangent Universe Service, you agree that you will not:

Violate any law, rule or regulation.Interfere with or disrupt any Tangent Universe Service or any server or network used to support or provide a Tangent Universe Service, including any hacking or cracking into a Tangent Universe Service.
Use any software or program that damages, interferes with or disrupts a Tangent Universe Service or another's computer or property, such as denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files and time bombs.
Interfere with or disrupt another player's use of a Tangent Universe Service. This includes disrupting the normal flow of game play, chat or dialogue within a Tangent Universe Service by, for example, using vulgar or harassing language, being abusive, excessive shouting (all caps), spamming, flooding or hitting the return key repeatedly.
Harass, threaten, bully, embarrass, spam or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc. Hate speech is not tolerated.Contribute UGC or organize or participate in any activity, group or guild that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invades another's privacy, or is otherwise reasonably objectionable.
Publish, post, upload or distribute UGC or content that is illegal or that you don't have permission to freely distribute. Publish, post, upload or distribute any content, such as a topic, name, screen name, avatar, persona, or other material or information, that Tangent Universe (acting reasonably and objectively) determines is inappropriate, abusive, hateful, harassing, profane, defamatory, threatening, obscene, sexually explicit, infringing, privacy-invasive, vulgar, offensive, indecent or unlawful.
Post a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation or commercial activities.Impersonate another person or falsely imply that you are a Tangent Universe employee or representative.Improperly use in-game support or complaint buttons or make false reports to Tangent Universe staff.Attempt to obtain, or phish for, a password, account information, or other private information from anyone else on Tangent Universe Services.Make use of any payment methods or refund systems to access, purchase or refund Tangent Universe Services for fraudulent purposes, or without permission of the authorized owner, or otherwise concerning a criminal offence or other unlawful activity.
Use any robot, spider or other automated device or process to access Tangent Universe Services for any purpose such as scraping data, abuse Tangent Universe Services, account creation, or copying material.Modify any file or any other part of the Tangent Universe Service that Tangent Universe does not specifically authorize you to modify.
Use or distribute unauthorized software programs or tools (such as "auto", "macro", hack or cheat software), or use exploits, bugs or problems in a Tangent Universe Service to gain unfair advantage. Engage or assist in cheating or other anticompetitive behavior (such as boosting, collusion, and match or matchmaking manipulation). Use or distribute counterfeit software or Tangent Universe Content, including Tangent Universe Virtual Currency. Attempt to use a Tangent Universe Service on or through any service that is not controlled or authorized by Tangent Universe, or otherwise intentionally obfuscate your network connection or location or other metadata to gain access to a Tangent Universe Service, make purchases, or otherwise access a Tangent Universe Service.
Sell, buy, share, trade or otherwise transfer or offer to transfer your Tangent Universe Account, any personal access to Tangent Universe Services, or any Tangent Universe Content associated with your Tangent Universe Account, including Tangent Universe Virtual Currency and other Entitlements, either within a Tangent Universe Service or on a third-party website, or in connection with any out-of-game transaction, unless expressly authorized by Tangent Universe.
Use a Tangent Universe Service in a country in which Tangent Universe is prohibited from offering such services under applicable export control laws.If a Tangent Universe Service requires you to create a "username" or a "persona" to represent yourself in-game and online, you should not use your real name and may not use a username or persona that is used by someone else or that Tangent Universe determines is vulgar or offensive or violates someone else's rights.
Engage in any other activity that significantly disturbs the peaceful, fair and respectful gaming environment of a Tangent Universe Service.Use information about users publicly available in any Tangent Universe Service (e.g. on a leaderboard) for any purpose unrelated to the Service, including to attempt to identify such users in the real world.
Promote, encourage or take part in any prohibited activity described above.

ⓘ To enforce these rules, we may monitor your activity and remove any UGC. If you don’t follow these rules, we may warn you, suspend you, ban you permanently or place other restrictions on your Tangent Universe Account, games, or related services.

If you or someone using your Tangent Universe Account violates these rules and fails to remedy this violation after a warning, Tangent Universe may take action against you, including revoking access to certain or all Tangent Universe Services, Content or Entitlements, or terminating your Tangent Universe Account as described in Section 8. In case of severe violations, Tangent Universe may take these actions without issuing a prior warning. Some examples of severe violations include, but are not limited to: promoting, encouraging or engaging in hacking, selling Tangent Universe accounts or entitlements (including virtual currencies and items) without Tangent Universe’s permission, extreme harassment, or threatening illegal activities. When practical, Tangent Universe will notify you of the action it will take in response to violations of these rules or breach of this Agreement.

Specific Tangent Universe Services may post additional rules that apply to your conduct on those services.

If you encounter another user who is violating any of these rules, please report this activity to Tangent Universe using the "Help" or "Report Abuse" functions in the relevant Tangent Universe Service, if available, or contact Customer Support at support@tangentuniversestudios.com.

Tangent Universe may, in its discretion, monitor or record online activity or Content on Tangent Universe Services and may remove any Content from any Tangent Universe Service at its discretion. Remember that your communications and your UGC in a Tangent Universe Service are public and will be seen by others.

Your use of Tangent Universe Services is subject to Tangent Universe's Privacy and Cookie Policy, which is incorporated by reference into this Agreement.

7. GAMES

ⓘ This section applies to our games, in particular PC games, and Tangent Universe owned game platforms.

This Section applies to Tangent Universe's games and game subscriptions ("Tangent Universe Games"), including Tangent Universe Games that run on a Personal Computer ("Tangent Universe PC Games"), and the Tangent Universe owned client application and related services that distributes Tangent Universe PC Games (the "Tangent Universe app").

A. TECHNICAL AND CONTENT PROTECTION MEASURES

ⓘ We use specific security software to combat piracy and cheating, and tampering with it can result in losing access to our games.

Tangent Universe utilizes technical or content protection measures, developed by Tangent Universe or third-party partners, for Tangent Universe Services in order to prevent piracy and the unauthorized copying or use of Tangent Universe Games. Attempting to circumvent, disable or tamper with these measures shall terminate this license.

B. TANGENT UNIVERSE APP

ⓘ To play our PC games, you may need to install our PC distribution platform software. We may automatically update the software. We provide instructions so you can uninstall our games and software.

To play Tangent Universe PC Games, Tangent Universe may require you to install and use the Tangent Universe app client application or successor application. A Tangent Universe Account, your acceptance of this Agreement, and an Internet connection are required for the Tangent Universe app to authenticate and verify your license to the Tangent Universe PC Game ("Authenticate" or "Authentication").

The Tangent Universe app and Tangent Universe PC Games may download and install updates, upgrades and additional features. You agree that Tangent Universe has no obligation to support previous version(s) of the Tangent Universe app upon the availability of an update, upgrade and/or implementation of additional features. Tangent Universe may provide you with the option to download, install and use an alpha or beta version of the Tangent Universe app under these same terms.

C. MONITORING AND ANTI-CHEAT MEASURES

ⓘ Tangent Universe installs software to detect cheating or hacking. These programs send data on your computer to Tangent Universe.

Tangent Universe utilizes technologies to detect and prevent cheating in the use of Tangent Universe Services, and in particular, Tangent Universe Games. These technologies may be developed by Tangent Universe or a third party.

When you launch an online-capable game, these technologies may activate using kernel, admin or user privileges, and monitor your gameplay and device’s RAM, processes, communications, and file storage for the purposes of detecting violations of, and enforcing, the Code of Conduct in Section 6, including the use of Unauthorized Third-Party Programs. An Unauthorized Third-Party Program is a third-party program or file (such as a "add-on", "mod", "hack", "trainer", or "cheat") that Tangent Universe believes (i) enables or facilitates cheating of any type; (ii) allows users to modify or hack the game interface, environment, and/or experience in any way not expressly authorized by Tangent Universe; or (iii) intercepts, "mines", or otherwise collects information from or through the game.

Tangent Universe may collect relevant information needed for our investigation and enforcement purposes such as your account information, details related to an Unauthorized Third-Party Program, any Tangent Universe PC Game files that were modified, and times cheating was detected. We also may terminate your License and your Tangent Universe Account if we determine you have been cheating.

When you exit an online-capable game, these anti-cheat technologies will be deactivated.

8. TERMINATION AND OTHER SANCTIONS

ⓘ If you break this agreement or the law, Tangent Universe may suspend or terminate your use of our games and services, without refunds.

If we decide to shut down a game or a service, we will tell you at least 30 days in advance.

This Agreement is effective until terminated by you or Tangent Universe. Tangent Universe may terminate your access and use of any Tangent Universe Services or your Tangent Universe Account if Tangent Universe determines that you have violated this Agreement or that there has been otherwise unlawful, improper or fraudulent use of Tangent Universe Services on your Tangent Universe Account. When practical, Tangent Universe will notify you of the termination. You may lose your username and persona as a result of a Tangent Universe Account termination. If you have more than one Tangent Universe Account, depending on the type of violation or misuse, Tangent Universe may terminate all of your Tangent Universe Accounts and all related Entitlements. If your Tangent Universe Account is terminated, you will not have access to your Tangent Universe Account or Entitlements and may be barred from accessing or using any Tangent Universe Service again. Upon termination, your license under this Agreement also shall terminate.

Instead of termination and prior to any termination, Tangent Universe may issue you a warning, suspend or alter your access to a particular Tangent Universe Service or your Tangent Universe Account, remove or revoke Entitlements at a Tangent Universe Account or device level, remove or delete any Content which is in violation with this Agreement, or ban your device or machine from accessing specific Tangent Universe Services. If Tangent Universe takes any action described in this Section, you will not be entitled to a refund (subject to any statutory refund rights) and no Entitlements will be credited to you or converted to cash or other forms of reimbursement.

Tangent Universe may terminate any Tangent Universe Service at any time by giving at least thirty days' notice either via email (if available), within the affected Tangent Universe Service, or on the service updates page of Tangent Universe's website. After online service termination, no software updates will be applied to our games and we can't guarantee our games will continue to function on newer or updated operating systems or be available for download via application distribution services such as the iOS App Store and the Google Play Store. Any games available via such application distribution services after online service termination may be removed without further notice to you.

If you believe that any action has been taken against your Account or device in error, please contact Customer Support at support@tangentuniversestudios.com.

If you terminate this agreement, you agree to cease all use of Tangent Universe Services.

Sections 5, 8-9, 11-15 of this Agreement survive termination of this Agreement

9. USE OF DATA

ⓘ Tangent Universe collects various information when you play our games (even offline) to operate our business, improve our products and services, enforce our rules and communicate with you. We encourage you to read Tangent Universe’s Privacy and Cookie Policy.

When you use a Tangent Universe Service, Tangent Universe may collect and store data from your computer or device, including information about your computer or device, hardware, installed software, and operating system (such as IP Address and device ID), information about your Tangent Universe Service usage, gameplay and usage statistics, system interactions and peripheral hardware. If you play a Tangent Universe Service offline, this data will be stored on your device and transmitted to Tangent Universe when your device connects to the Internet. Tangent Universe uses this information to operate its business, improve its products and services, provide services to and communicate with you (including for marketing purposes), provide software updates, dynamically serve content and software support, enforce this Agreement, and trouble-shoot bugs or otherwise enhance your experience. If you participate in online services, Tangent Universe also may collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings and accomplishments), or identify content that is created and shared by you with other players.

Your data is collected, used, stored and transmitted by Tangent Universe in the United Kingdom, in accordance with Tangent Universe's Privacy and Cookie Policy.

You can manage certain data collection preferences in the Settings tab of the Tangent Universe PC Game client.

10. OTHER SOFTWARE, UTILITIES AND TOOLS

ⓘ If we update our games, you may need new software to keep playing our games.

Tangent Universe Services may require or allow you to download software, software updates or patches, or other utilities and tools from Tangent Universe or its licensors onto your computer, entertainment system or device. These technologies may be different across platforms, and the performance of Tangent Universe Services may vary depending on your computer and other equipment. You understand that certain updates to these technologies may be required in order to continue use of a Tangent Universe Services. Some of these updates may contain locked features or content that require you to pay an additional fee to access them. You consent to Tangent Universe automatically installing any available updates for Tangent Universe Services. Failure to install available updates may render Tangent Universe Services, including Tangent Universe PC Games, unplayable.

11. THIRD PARTIES

ⓘ You are responsible for your use of game servers and services not owned by Tangent Universe.

Some Tangent Universe Services may give you the option of playing on servers not owned or controlled by Tangent Universe. Tangent Universe does not control those services and is not responsible for your use of the Tangent Universe Service on or through them. These third-party services may subject you to additional or different terms and restrictions.

Tangent Universe Services may include hyperlinks to third-party websites. Those sites may collect data or solicit personal information from you. Tangent Universe does not control those sites and is not responsible for their content or for their collection, use or disclosure of personal information.

12. WARRANTIES; LIMITATION OF LIABILITY

ⓘ Tangent Universe does not make any promises about our software, but the local law in your country may include certain warranties. The damages you can recover for legal claims are limited.

IF YOU LIVE IN THE EUROPEAN ECONOMIC AREA (EEA), UNITED KINGDOM OR SWITZERLAND, THE TANGENT UNIVERSE SERVICES WILL BE PROVIDED WITH REASONABLE CARE AND SKILL AND NO OTHER PROMISES OR WARRANTIES ABOUT THE TANGENT UNIVERSE SERVICES ARE MADE. IF YOU LIVE OUTSIDE THE EEA, UNITED KINGDOM AND SWITZERLAND, TANGENT UNIVERSE SERVICES ARE LICENSED AND PROVIDED "AS IS." YOU USE THEM AT YOUR OWN RISK. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, TANGENT UNIVERSE GIVES NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR PRACTICE. TANGENT UNIVERSE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PRODUCT OR TANGENT UNIVERSE SERVICE; THAT THE TANGENT UNIVERSE SERVICE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE TANGENT UNIVERSE SERVICE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, BUGS, CORRUPTION, LOSS, INTERFERENCE, HACKING OR VIRUSES, OR THAT TANGENT UNIVERSE SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE. TANGENT UNIVERSE DOES NOT WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED VIA THE TANGENT UNIVERSE APP STORE.

IF YOU LIVE IN THE EEA, UNITED KINGDOM OR SWITZERLAND, TANGENT UNIVERSE AND ITS EMPLOYEES, LICENSORS AND BUSINESS PARTNERS WILL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES ARISING FROM YOUR ACTIONS OR BREACH OF THIS AGREEMENT, OR WHICH ARISE AS A RESULT OF A THIRD PARTY'S (OR ANY OTHER) ACTS OR OMISSIONS BEYOND OUR CONTROL. IF YOU LIVE OUTSIDE THE EEA, UNITED KINGDOM AND SWITZERLAND, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, TANGENT UNIVERSE AND ITS EMPLOYEES, LICENSORS AND BUSINESS PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES THAT WERE NOT CAUSED BY TANGENT UNIVERSE'S BREACH OF THIS AGREEMENT, OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES. THE TYPES OF EXCLUDED DAMAGES INCLUDE, FOR EXAMPLE, FINANCIAL LOSS (SUCH AS LOSS INCOME OR PROFITS), COST OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION OR STOPPAGE, LOSS OF DATA, LOSS OF GOODWILL, AND COMPUTER FAILURE OR MALFUNCTION. THIS LIMITATION APPLIES TO ANY CLAIM ARISING OUT OF OR RELATED TO THIS LICENSE OR TANGENT UNIVERSE SERVICE, WHETHER BASED IN CONTRACT, TORT, STATUTE, STRICT LIABILITY OR OTHERWISE. IT ALSO APPLIES EVEN IF TANGENT UNIVERSE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGE. YOU MAY RECOVER ONLY DIRECT DAMAGES IN ANY AMOUNT NO GREATER THAN WHAT YOU ACTUALLY PAID FOR THE APPLICABLE TANGENT UNIVERSE SERVICE. TANGENT UNIVERSE DOES NOT LIMIT ITS LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILFUL MISCONDUCT, OR FOR DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE ABOVE EXCLUSIONS AND LIMITATIONS, SO SOME OR ALL OF THEM MAY NOT APPLY TO YOU.

13. GENERAL TERMS

A. ENTIRE AGREEMENT

ⓘ This agreement can be changed only in writing signed by Tangent Universe.

This Agreement, together with any other Tangent Universe terms that govern your use of Tangent Universe Services, constitutes the entire agreement between you and Tangent Universe. The Agreement may not be amended or modified unless made in writing and signed by Tangent Universe. The failure of Tangent Universe to exercise any right under this Agreement shall not constitute a waiver of the right or any other right. If any part of this Agreement is held to be unenforceable, all other parts of this Agreement shall continue in full force and effect.

B. EXPORT

ⓘ You must follow all export laws, and you agree you are not a prohibited person under export laws.

You agree to follow U.S. and other export control laws and agree not to transfer a Tangent Universe Service to a foreign national, or national destination, that is prohibited by such laws. You also acknowledge you are not a person with whom Tangent Universe is prohibited from doing business under these export control laws.

14. CHANGES TO THIS AGREEMENT

ⓘ This agreement can be updated by Tangent Universe at any time. If you do not agree to certain meaningful changes, you may not be able to play our games.

Tangent Universe may modify this Agreement from time to time, so please review it frequently. For Tangent Universe players who accepted a previous version of this Agreement, the revisions will become effective 30 days after posting the update on our website. Your continued use of Tangent Universe Services means you accept the changes. Once you accept a version of the Agreement, we will not enforce future material changes without your express agreement to them. If you are asked to accept material changes to this Agreement and you decline to do so, you may not be able to continue to use the Tangent Universe Service provided.

15. DISPUTE RESOLUTIONS BY BINDING ARBITRATION

ⓘ This section only applies if you live outside of Quebec, Russia, Switzerland, Brazil, Mexico, the member states of the EEA, United Kingdom and the Republic of Korea.

If you have a dispute, you agree to send details in writing to Tangent Universe, and then arbitrate. You agree that any claim you bring against Tangent Universe is in your individual capacity, and not as a class member, class representative, or as part of a class action.

THIS SECTION APPLIES TO ALL CONSUMERS AND PEOPLE WHO ACCEPTED THE TERMS OF THIS AGREEMENT. IT EXCLUDES RESIDENTS OF QUEBEC, RUSSIA, SWITZERLAND, BRAZIL, MEXICO, THE MEMBER STATES OF THE EEA, UNITED KINGDOM AND THE REPUBLIC OF KOREA. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU AND TANGENT UNIVERSE EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

If Tangent Universe cannot resolve your concern, you and Tangent Universe agree to be bound by the procedure set forth in this Section to resolve any and all disputes between us.

This Section 15 is an agreement between you and Tangent Universe, and applies to our respective agents, employees, subsidiaries, predecessors, successors, beneficiaries and assigns. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Section 15 and any arbitration carried out under this Section. This Section 15 shall be interpreted broadly and shall survive termination of this Agreement.

A. CLAIMS COVERED BY ARBITRATION

All disputes, claims or controversies arising out of or relating to this Agreement, any Tangent Universe Service and its marketing, or the relationship between you and Tangent Universe, including the validity, enforceability, and scope of this Section 15 ("Disputes"), shall be determined exclusively by binding arbitration. This includes claims that accrued before you entered into this Agreement. The only Disputes not covered by this Section 15 are claims (i) regarding the infringement, protection or validity of your, Tangent Universe's or Tangent Universe's licensors' trade secrets, copyright, trademark or patent rights; (ii) if you reside in Australia, to enforce a statutory consumer right under Australian consumer law; and (iii) brought in small claims court.

B. INFORMAL NEGOTIATIONS

You and Tangent Universe shall first attempt to resolve any Dispute informally for at least 30 days before initiating arbitration. The informal negotiations begin upon receipt of written notice from one party to the other ("Notice of Dispute"). The Notice of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought. Tangent Universe will send its Notice of Dispute to your billing or email address. You will send your Notice of Dispute to: support@tangentuniversestudios.com.

C. BINDING ARBITRATION

If you and Tangent Universe cannot resolve a Dispute informally, you or Tangent Universe may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other.

The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and Tangent Universe may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

D. LIMITATIONS

YOU AND TANGENT UNIVERSE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AS TO ALL DISPUTES. The arbitrator shall not consolidate another person's claims with your claims, and shall not preside over any type of representative or class proceeding. If this paragraph D is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void.

E. RECOVERY

If the arbitrator rules in your favor on the merits of any claim you bring against Tangent Universe and issues you an award that is greater in monetary value than Tangent Universe's last written settlement offer made before Tangent Universe makes its final written submissions to the arbitrator, then Tangent Universe will:

1. Pay you 150% of your arbitration award, up to $5,000 USD over and above your arbitration award; and
2. Reimburse the arbitration fees that you paid to the AAA.

F. CHANGES TO THIS ARBITRATION AGREEMENT

Tangent Universe will not enforce material changes to this agreement to arbitrate, unless you expressly agree to the changes.

G. SEVERABILITY

If any clause within this Section 15 (other than the Class Action Waiver clause in paragraph D above) is found to be unenforceable because it would preclude a particular claim or remedy (such as public injunctive relief), that claim or remedy (and only that claim or remedy) must be severed from arbitration and may be brought in court, while any remaining claims or remedies will be resolved through arbitration. If any clause within this Section 15 (other than the Class Action Waiver clause set forth in paragraph D above) is found to be unenforceable for any other reason, that clause will be severed from this Section 15 and the remainder of this Section 15 will remain in full force and effect.

Last Updated: September 27, 2023