STUDIOS iLLOGIKA, INC.
TERMS OF SERVICE

Support:

If you need help, then email us at dataprotectionsupport@illogika.com.

Terms of Use:

Studios iLLOGIKA, INC. (“we”, “our” or “us”) operates the iLLOGIKA website (the “Site”), provides various apps, games and social networks (the “Apps”), and offers certain other features, content, or contests from time to time (collectively, “Additional Features”) (Site, Apps, and Additional Features shall hereinafter be referred to as the “Services”).

These Terms of Use (collectively, the “Agreement”) set forth and govern your rights, obligations and restrictions regarding your use of the Services; we authorize you to use the Services only if you agree to abide by this Agreement and all applicable laws; by using the Services in any way whatsoever, you agree to be bound by this Agreement. Since your privacy is important to us, this Agreement incorporates, by this reference, our Privacy Policy (https://mergeworld.illogika.com/en/privacy.html); it explains how we collect and use your data.

Your access and use of the Services constitutes your representation and warranty that (i) you are either of legal age to form a binding contract or that you access and use the Services with the permission of a parent or legal guardian, and (ii) you are not barred from using or receiving the Services by any local, state, federal or international law.

In order to participate in certain Services, we may notify you of, and require you to agree to, additional terms and conditions; such additional terms and conditions are hereby incorporated into this Agreement by this reference and control solely for the applicable Service.

We may modify this Agreement from time to time and such modification(s) shall be effective upon posting on the Services; you will be deemed to have agreed to any such modification(s) by your use of the Services after we post such modification(s). If you do not agree with any modification, then discontinue use of the Services immediately.

1. YOUR ACCOUNT / PASSWORD SECURITY / SUSPENSION, TERMINATION

You acknowledge and agree that:

a. you (i) may never use another person’s Account without such other person’s permission, (ii) may not create more than one Account, and (iii) are prohibited from registering a new Account if we have terminated your prior Account;

b. you are responsible for (i) keeping confidential any password that you create and use to access any of the Services requiring registration, and (ii) restricting access to your computer or mobile device.

c. you (i) will notify us immediately of any breach of security or unauthorized use of your Account, and (ii) accept full responsibility for all activities that occur within your Account.

If anyone breaches your security and uses your Account without your authorization, whether with or without your knowledge, (i) we will not be liable to you nor to anyone else for your losses, and (ii) you may be liable for our losses or the losses of our third-party licensors, content providers, merchants, advertisers, sponsors, and service providers (collectively, “iLLOGIKA Providers”) resulting from such unauthorized use.

Without limiting anything in this Agreement, we reserve the right, in our sole discretion, to restrict, to suspend, or to terminate your Account and/or your access to any or all parts of the Services at any time, for any or no reason, with or without prior notice, and without liability, including if and when we (i) stop offering any or all parts of the Services, or (ii) determine, in our sole discretion, that you have violated any of the terms of this Agreement.

2. PURCHASES / PAYMENTS / REFUNDS

We may charge fees associated with certain Services, including, without limitation, for subscriptions, the download of Apps, and the purchase of Virtual Items (as defined below). Such products or services will be made available for purchase on specified pages of the Site, within the Apps, or otherwise as indicated through the Services. In the event we intend to change any of the fees, then we will provide you with commercially reasonable notice of such change and grant you ten business days to accept such new fee; if you fail to accept such new fee by written notice to us before the end of such ten business day period, then we may terminate your subscription, plan, or other ongoing, paid-for Service, as applicable, immediately.

The price of any product or service that you purchase through the Services will be the price specified at the time of such purchase, excluding all applicable taxes and telecommunication charges unless otherwise indicated; to the extent permissible by law, you are responsible to pay for any such applicable taxes and telecommunication charges. We reserve the right to collect applicable taxes and impose premium surcharges for certain Services.

Your purchase of any App, Virtual Item or other content through the Services constitutes your representation and warranty that you are (i) either of legal age to form a binding contract or placing such order with the permission of your parent or legal guardian, and (ii) not a person barred from using or receiving the Services by any local, state, federal or international law.

When you provide your credit card information to us to pay for the subscription and/or other fees, you (i) represent that you are the authorized user of such credit card, (ii) authorize us to use the card once or, in the case of the subscription, more than once (e.g., on a monthly basis), (iii) agree to promptly notify us of any changes to your credit card account number, its expiration date and/or your billing address, and (iv) agree to promptly notify us if your credit card expires or is canceled for any reason.

You can download Apps, Additional Features and Virtual Items in connection with the Services for a charge; you accept full responsibility for confirming that we support the phone or other device manufacturer, phone or other device model, and carrier, and that the phone or other device is compatible to the products or services you purchase, download or otherwise obtain through the Services; we assume no liability for (i) purchaser error, (ii) trial versions, (iii) software purchased for the wrong telephone, device or platform, (iv) promotion codes or discounts not provided at the time of purchase, or (v) any item you’ve purchased 90 days after the purchase date for any reason (collectively, the “Purchaser Errors”).

Moreover, in no event will we (i) be liable for any errors on billing statements issued to you by your carrier, (ii) be liable for any defects or other problems associated with any download or purchase through the Services, provided you made such download or purchase more than ninety (90) calendar days ago, and (iii) accept any return for any software download.

If you have any question regarding any product or service available through the Services, then please contact the iLLOGIKA technical team at dataprotectionsupport@illogika.com.

3. VIRTUAL ITEMS

CERTAIN APPS ALLOW YOU TO PURCHASE VIRTUAL ITEMS (AS DEFINED BELOW) WITHIN THE APP; SUCH PURCHASES MAY BE MADE AVAILABLE IN BOTH APPS WHICH YOU MUST PURCHASE TO DOWNLOAD AS WELL AS APPS WHICH ARE FREE TO DOWNLOAD. FURTHERMORE, CERTAIN APPS, INCLUDING THOSE THAT ARE FREE TO DOWNLOAD, MAY CONTAIN THIRD-PARTY ADVERTISEMENTS THAT MAY REDIRECT YOU TO A THIRD-PARTY SITE.

Certain Services may allow you to “earn” or “purchase” (a) virtual currency, including, but not limited to, virtual coins, cash, tokens, or points, all for use in the Services, (b) virtual in-game items (together with virtual currency), and/or (c) certain in-game benefits (collectively, the “Virtual Items”); all sales of Virtual Items are final; we have no obligation to give any refunds. Virtual Items have no real-world value; you cannot redeem such Virtual Items for actual currency, goods or other items of monetary value, including, in the event that you have unused Virtual Items remaining in your Account at the time you close your Account, whether voluntarily or not.

If you purchase a Virtual Item, you are merely purchasing a license to use such Virtual Item in the applicable Services; such license (i) does not transfer ownership of that Virtual Item or anything else to you, and (ii) is personal to you and cannot be sold, transferred, assigned, gifted, traded or sublicensed. Accordingly, we expressly prohibit and do not recognize any purported sales, transfers, assignments, gifts, trades or sublicenses of Virtual Items, whether for “real money,” goods or any other exchange outside of the Services; any such transfer or attempted transfer is prohibited and void, and may cause us to terminate your Account, to ban you from using our products and services, to take legal action against you, or otherwise.

4. ONLINE CONDUCT

You, as a user, agree to use the Services only for acceptable and lawful purposes; specific prohibited activities include, but are not limited to:

a. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

b. promoting illegal or tortious activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

c. using photos and/or pictures that are sexually explicit or pornographic, exposing the female breast or full exposure of either male or female buttocks, or any or all portions of the human genitalia; exposing anyone or anything involved in explicit sexual acts and/or lewd and lascivious behavior, including masturbation, copulation, pedophilia, intimacy involving nude or partially nude people in heterosexual, bisexual, lesbian, or homosexual encounters; depicting anyone or anything that is crudely vulgar or grossly deficient in civility or behavior or that shows scatological impropriety and any other content contravening good moral standards;

d. attempting to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;

e. using cheats, exploits, automation software, bots, hacks, mods or any other unauthorized software designed to modify or interfere with the Services, and taking advantage of cheats or exploits;

f. using any software that intercepts, mines, or otherwise collects information about other users or copies and stores any Proprietary Materials (as defined below);

g. interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;

h. attempting to impersonate another user or person;

i. soliciting personal information from anyone under 18;

j. collecting, harvesting, soliciting or posting passwords or personally identifiable information from other users;

k. using the account, username, or password of another account holder at any time or disclosing your password to any third party or permitting any third party to access your Account;

l. using any information obtained from the Services in order to harass, abuse, or harm another person;

m. using any unfair, misleading or deceptive content intended to draw traffic to one’s profile;

n. using the Services in a manner inconsistent with any and all applicable laws and regulations, including U.S. export and re-export control laws and regulations;

o. sublicense, rent, lease, sell, trade, gift, bequeath or other transfer of your Account or any Virtual Items associated with your Account to anyone;

p. access or use of a third-party account or any Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the holder or the original account creator;

q. using multiple accounts, manual procedures, bots, scripts or other processes in order to accumulate or “farm” Virtual Items;

r. using the Services in a commercial manner, including the transferring of Virtual Items in exchange for “real-world” money.

If we determine that you are participating in any one or more of these activities, then we may suspend or ban you from the Services immediately for a certain period of time, including your lifetime.

5. CONTENT

a. Proprietary Rights

With the exception of content posted by users of the Services (“User Content”), all materials contained on the Services, including all content, the Virtual Items and the software, graphics, text and look and feel of the sites, and all trademarks (including iLLOGIKA® and the titles of all of our Apps), copyrights, patents and other intellectual property rights related thereto (collectively, the “Proprietary Materials”), are owned or controlled by STUDIOS ILLOGIKA INC., our subsidiaries or affiliated companies, our third-party licensors, and/or our advertising partners. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Proprietary Materials, or any other protectable aspects of the Services, in whole or in part. Subject to your compliance with this Agreement and any other relevant policies related to the Services, we grant you a non-exclusive, non-transferable, revocable, limited license to access and use the Services and Proprietary Materials for your own non-commercial entertainment purposes consistent with the intended purpose of the Services; you agree not to use the Service for any other purpose.

As referenced above, even though you may buy Virtual Items with “real-world” money, you do not, in fact, “own” such items; we have the sole and absolute right to manage, regulate, control, modify and/or eliminate such Virtual Items as we see fit in our sole discretion, and shall have no liability to you or anyone for the exercise of such rights.

b. Distribution/Uploading of Content

You are prohibited from posting on or transmitting through the Services, whether through uploaded content, a chat or user forum, online review, posted comment or otherwise, any content that infringes upon a third party’s intellectual property rights or is defamatory, damaging, illegal or offensive.

Without limiting the foregoing, you may not post, modify, distribute, or reproduce in any way on the Services any copyrighted material, trademarks, or other proprietary information belonging to others unless you have first obtained the prior written consent of the owner of such materials and/or proprietary information. For the avoidance of doubt, it is our policy to terminate the account of anyone who repeatedly infringes upon another’s copyright upon our receipt of proper notification from the copyright owner or the copyright owner’s legal agent.

By submitting content or materials (“Your Content”) to us through the Services, including, without limitation, uploading any materials, choosing a username, or participating in any chats or forums, you automatically grant to us, or warrant that the owner of such content has expressly granted to us, the royalty-free, irrevocable, sublicensable and transferable, non-exclusive right and license to use, reproduce, publish, translate, prepare derivative works of, copy, perform and distribute Your Content, including all patent, trademark, trade secret, copyright or other proprietary rights in and to such content, and your username, actual name, and likeness (if submitted), in whole or in part worldwide, including in connection with announcing you as the winner of a sweepstakes/contest or including you in leaderboards. You also hereby grant each user of the Services a non-exclusive license to access Your Content through the Services, and to use, reproduce, distribute, display and perform Your Content as permitted through the functionality of the Services and under this Agreement. The above licenses granted by you in Your Content are perpetual and will only terminate if you’ve requested the removal or deletion of Your Content from the Services (such license will terminate within a commercially reasonable time after your request to remove or delete Your Content). You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of Your Content that have been removed or deleted. The foregoing is subject to the provision regarding Unsolicited Submissions below. Subject to these grants, you retain any and all rights which may exist in Your Content, although we may disclose any of Your Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate our Services; (iii) to protect the rights or property of iLLOGIKA and our officers, directors, employees and agents; or (iv) to protect the iLLOGIKA Providers and any other user.

c. Advertising

By using our Site and/or Apps, you may be offered advertising content; you hereby warrant that you agree with our Privacy Policy in relation to such advertising. In any case, iLLOGIKA is not responsible for the third-party products or services displayed within such advertising content.

d. Representations and Warranties

You represent and warrant that (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of Your Content, as well as to enable us to include and use Your Content in the manner contemplated by the Services and this Agreement, (ii) Your Content will not defame any third party, and (iii) the use of Your Content on the Services will not violate or infringe upon the intellectual property rights, or the rights of privacy or publicity, of any third party.

e. Third-Party Content & User Content

You acknowledge that (i) iLLOGIKA is an online service provider that may post content supplied by third parties and users, (ii) we have no more editorial control over the content posted by such third parties (including User Content) than does a public library or newsstand, and (iii) any opinions, advice, statements, judgments, services, offers, or other information that constitutes part of the content expressed or made available by third parties, including User Content, are those of the respective authors or distributors and not of iLLOGIKA or its affiliates or its officers, directors, employees, or agents. While we retain the right to filter or reject User Content and other content posted by third parties, we review User Content and other third-party content in a limited gate-keeper fashion and have no obligation to investigate whether User Content and other third-party content violate any term of this Agreement and will not do so in almost every case; we neither endorse nor are responsible for the User Content or any other content posted to the Services by anyone other than us.

Just as you retain complete ownership of Your Content (subject to the license to us granted above), all other users of the Services retain ownership of their User Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any User Content in whole or in part.

f. Unsolicited Submissions

While we are pleased to hear from our customers and welcome their comments regarding our Services, it’s our long-standing company policy not to accept or consider creative ideas, suggestions or materials other than those we have specifically requested; the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to you or others to be similar to your or their own creative work. Accordingly, please do not send us any original creative materials, including game ideas, storylines, original artwork and the like (collectively, the “Unsolicited Submissions”), whether on its own or incorporated into your comments regarding our Services or other feedback. If, despite our plea, you send us any Unsolicited Submissions, then (i) the Unsolicited Submissions shall be deemed, and shall remain, the property of iLLOGIKA, (ii) we shall exclusively own all now known or hereafter existing rights to the Unsolicited Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Unsolicited Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Unsolicited Submissions, (iii) you waive any and all moral rights in any such Unsolicited Submissions, as well as any claim to a right of credit or approval, and (iv) the Unsolicited Submissions are not subject to any obligation of confidence on the part of iLLOGIKA; we shall not be liable for any use or disclosure of any Unsolicited Submissions. The foregoing shall also apply to any creative submissions you make at our specific request, unless otherwise agreed in writing.

6. NOTICE OF INFRINGEMENT

Without limiting the foregoing, if you believe that any content, including User Content, or other materials, posted on the Services constitutes an infringement of your copyrights or trademarks, then please send us a notice of such belief to: dataprotectionsupport@illogika.com; we will respond promptly to any properly submitted notice, provided it is in writing and contains the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7. NON-COMMERCIAL USE

The Services are for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Any use of the Services in violation of this provision, including communicating any advertisement or solicitation, or collecting usernames and/or email addresses of account holders by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Services, is prohibited.

8. ELECTRONIC COMMUNICATIONS

When you use the Services or send emails to us, you are communicating with, and consent to receive communications from, us electronically, whether by email or posting notices on this site; you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

9. LINKS

The Services may contain links to websites operated by third parties, including through in-App advertisements. We (i) do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products or services available at these sites, and (ii) reserve the right to disable links from or to third-party sites. The presence of a link to a third-party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products or services contained on, or available through, the third-party site. If you choose to access any third-party site, you do so at your own risk.

10. THIRD-PARTY MERCHANTS / PROVIDERS

The Services may enable you to order and receive products, information and services from businesses that are not owned or operated by us; the purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such business(es) are solely between you and such business(es). We (i) do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality or availability of such products or services, and (ii) will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Services. Moreover, the Services may prompt you to establish an account with a third-party service provider not owned or operated by us; your agreement and understanding with any such third-party service provider is solely between you and such service provider; we will not be a party to, or in any way be responsible for, your agreement with such third-party service provider; any disputes you may encounter with such third-party service provider shall be settled solely between you and the service provider.

11. DISCLAIMERS AND LIMITATION OF LIABILITY

THE SERVICES ARE PROVIDED BY US AND OUR WEBHOST ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY iLLOGIKA PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (i) AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (ii) THAT USE OF THE SERVICES WILL BE 100% SECURE, UNINTERRUPTED OR ERROR-FREE; (iii) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICE, PROVIDED THROUGH THE SERVICES; OR (iv) THAT THE SERVERS, OR EMAIL SENT FROM OR ON BEHALF OF iLLOGIKA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL WE OR ANY iLLOGIKA PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SERVICES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO iLLOGIKA’S RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SERVICES.

NEITHER WE NOR ANY iLLOGIKA PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SERVICES OR THE PURCHASE OF ANY PRODUCT, REAL OR VIRTUAL, THEREFROM, EVEN IF WE OR SUCH iLLOGIKA PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL iLLOGIKA BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID iLLOGIKA IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM; IF YOU HAVE NOT PAID ANY AMOUNTS DURING THAT TIME PERIOD, YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USING THE SERVICES AND TERMINATE YOUR ACCOUNT.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

12. LEGALITY

You are subject to all laws of the state(s) and countries in which you reside and from which you access the Services and are solely responsible for obeying those laws. You agree we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any Apps, contests, sweepstakes or tournaments offered through the Services nor shall any person affiliated, or claiming to be affiliated, with the Services have authority to make any such representations or warranties.

13. APPLICABLE LAW; JURISDICTION

The Services are created and controlled by us in the Province of Quebec. As such, the laws of the Province of Quebec will govern these Terms of Use, without giving effect to any provisions of law that direct the choice of another jurisdiction’s laws.

You hereby (i) irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the Province of Quebec and of Canada located in the Province of Quebec for any litigation arising out of or relating to use of or purchase made through the Services, and (ii) agree not to commence any litigation relating thereto except in such courts.

14. BINDING ARBITRATION

Any controversy or claim arising out of or relating to this Agreement or any related agreement, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with any of their provisions, shall be determined by binding arbitration. The arbitration proceedings shall be held and conducted by a single arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS Rules”), as modified by this Agreement. Such arbitration shall occur in Montreal, Quebec, and be initiated by any party in accordance with the JAMS Rules. The demand for arbitration shall be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. Discovery issues shall be decided by the arbitrator. Post-hearing briefs shall be permitted. The arbitrator shall render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator shall have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted. The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of the Province of Quebec or Canada, or any of them, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction. The parties may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in support of their respective rights and remedies hereunder without waiving any right to arbitration. However, the merits of any action that involves such provisional remedies or injunctive relief, including, without limitation, the terms of any permanent injunction, shall be determined by arbitration under this paragraph. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses).

15. INDEMNITY

You agree to indemnify and hold iLLOGIKA, the iLLOGIKA Providers, our subsidiaries and affiliates, and our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the Services in violation of this Agreement, (ii) a breach of this Agreement, (iii) any breach of your representations and warranties set forth above, and/or (iii) our use of Your Content.

16. SEVERABILITY

The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable, in whole or in part, in any jurisdiction, then such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

17. OTHER

This Agreement (i) is deemed accepted by you upon your use of any of the Services, and (ii) constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

18. SUPPORT

Subject to the other provisions of this Agreement, iLLOGIKA will attempt to help you with any queries or problems that you may have with the Services or any of your purchases through the Services; please e-mail us at dataprotectionsupport@illogika.com to reach our customer support team and provide our representative with all of the information he/she needs to resolve your issue expeditiously.

19. THIRD-PARTY MARKETPLACES

These Terms of Use are between you and iLLOGIKA only, not with Apple, Google, Facebook or any other third party through which you may have purchased any of the Apps (the “Marketplaces”). The Marketplaces are not responsible for the App you purchased or our Services; they have no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. Furthermore, to the maximum extent permitted by applicable law, the Marketplaces have no other warranty obligation whatsoever with respect to the Apps and are not responsible for addressing any claims by you or any third party relating to the Apps or your possession and/or use of the Apps, including, but not limited to: (i) product liability claims; (ii) any claim that the Apps fail to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation, or (iv) claims that the Apps infringe upon a third party’s intellectual property rights.

20. MODIFICATION

We reserve the right to make changes to the Services, posted policies and these Terms of Use at any time without notice.

Please contact us at dataprotectionsupport@illogika.com for any questions regarding customer relations and any issues arising from your in-game activity.