1. Your Use of the Services

1.1. Age Restrictions and Legal Responsibility. As used in this Agreement, "you" means the individual user interacting with my Services, or if such user is below the minimum legal age of adulthood in their country of residence ("Minor"), the user's parent or legal guardian entering into this Agreement on their behalf. Minors must ask their parent or guardian to review and explain this Agreement to them, and to agree to this Agreement on their behalf. If you are the parent or guardian of a Minor and you agreed to this Agreement on their behalf, you agree that you will be responsible for all uses of the Services, including any Accounts, by that Minor whether or not such uses were explicitly authorized by you. You are legally and financially responsible for all of your actions while using or accessing the Services (including any Accounts), including the actions of anyone you allow to access the Services and Accounts.

1.2. Your Account. Some elements of the Services may require that you create an account when you access certain features of the Services for the first time (each an "Account"). To create an Account, you may be asked to provide an email address, a username, a password, and such other information as I may deem necessary in connection with the creation of your Account. All of this information will be processed and stored in accordance with my Privacy Policy. You must provide accurate, current, and complete information about you when creating an Account. You are responsible for keeping your Account username and password secret. You also agree not to sell, transfer, or share your Account, or your Account's username or password, and you agree to notify me immediately if you suspect any unauthorized use of your Account. I have the right to deny the creation of any Account, for any legitimate reason, and I reserve the right to terminate any Account that violates this Agreement in accordance with the termination provisions below and to delete any Account information in accordance with my Privacy Policy.

1.3. .

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2. Your Limited License

2.1. I Reserve All Rights to my IP. I own and reserve all rights, title, and interest in and to the Services (excluding any tangible medium the Service may be supplied on), including all (collectively the "Content"):

1. information, text, data, files, code, scripts, designs, graphics, artwork, illustrations, photographs, sounds, music, titles, themes, objects, characters, names, dialogue, locations, stories, plot, animation, concepts, audio-visual effects, interactive features, gameplay, methods of operation, the compilation, assembly, and arrangement of the materials of the Services, and all other copyrightable material; and
2. trademarks, logos, trade names, trade dress, service marks, and trade identities of HRW; and
3. other forms of intellectual property

I Also own and reserve all rights, title, and interest in and to the Site as a whole and each Game as a whole, including any ancillary services authored and maintained by me.

2.2. Personal, Non-Commercial Use Only. Subject to the terms of this Agreement, I grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial enjoyment. The Services including the Content, but excluding any tangible medium the Services may be supplied on or exist in, are licensed, not sold. This license is personal to you only and does not give you any ownership rights in any of the Services (or in or to any of their features or Content).

2.3. Restrictions. The limited license granted in this Agreement does not give you any right to, and you may not, sell, copy (except under applicable legal exceptions such as the"private copy" exception under applicable law), loan, lease, distribute, disassemble, decompile, decrypt, hack, derive source code from, reverse engineer (except where permitted under applicable legal exceptions deriving from EU Directive 2009/24 or other applicable law), modify, create derivative works, commercialize, or otherwise exploit the Services (including the Content) or your Account unless subject to separate, express written terms provided by HRW permitting such conduct. Without limiting the foregoing, nothing in the limited license granted in this Agreement authorizes the use of the Services (including the Content) or your Account in any manner to develop, train, enhance, or provide source material for, or promote, any Generative AI Tools; and any such uses are hereby explicitly prohibited. "Generative AI Tools" means any tool or computer program that uses algorithms or technology commonly known as artificial intelligence or machine learning to create or generate content such as, but not limited to, software code, written text, still or moving images, musical works, human voice emulation, audio material, or other creative works based on text, image, sound prompts, or other inputs.

2.4. Legal Effect. This license describes certain legal rights. You may have other rights under the laws of your state or country. This license does not change your rights under the laws of your state or country if the laws of your state or country don't permit it to do so.

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3. User Generated and Custom Content

3.1. User Generated Content. User generated content ("UGC") includes all digital content or communications that users create, upload, or distribute via the Services, including but not limited to:

1. text, posts, audio, or audio-visual communications;
2. code, scripts, files, or documents;
3. photos, images, video, or any other audio or audio-visual works; and
4. any feedback or suggestions related to the Services.

UGC specifically excludes Custom Content (defined below). You are solely responsible for the UGC that you create, upload, or distribute via the Services ("Your UGC") and you hereby represent to me that your UGC will not violate this Agreement including, without limitation, the terms of Section 4. HRW does not control the UGC posted or transmitted through the Services and does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Services, you may be exposed to UGC that is offensive, indecent or objectionable and you may be exposing others to UGC that others find objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any UGC, including any reliance on the accuracy, completeness, or usefulness of such UGC.

3.2. Rights to UGC. You retain whatever rights, if any, you may have under applicable law in your UGC. If you do hold any such rights to your UGC, including any copyright or other intellectual property interest, then, in exchange for the rights licensed to you in this Agreement, you hereby grant me, including without limitation my successors and assigns, a perpetual, irrevocable, worldwide, royalty-free, non-exclusive and sublicensable right to use, reproduce, fix, edit, modify, adapt, reformat, translate, create derivative works based on, publish, distribute, transmit, publicly display, communicate to the public, publicly perform, broadcast, and otherwise exploit your UGC within or via the Services or for any other commercial and non-commercial purpose related to the Services, including but not limited to the improvement of the Services, without compensation or notice to you, for the full duration of the intellectual property rights pertaining to your UGC (including all revivals, reversions, and extensions of those rights). None of the UGC is subject to any obligation, whether of confidentiality, attribution or otherwise, on my part and I am not liable for any use or disclosure of any UGC.

Without limiting the foregoing, the rights licensed to HRW herein explicitly include the right for me to allow other users to use your UGC as part of my operation of the Services. By creating, uploading, or distributing your UGC to or via the Services, you represent to me that you own any rights in and to your UGC on a sole and unencumbered basis, and that any such rights you grant to me in this Section, and my exploitation of those rights, will not violate or infringe the rights of any third parties.

3.3. Custom Content. Some of my Services allow you to use my tools, editing software, in-game functionality, or other features provided by me ("My Tools") to edit the Content to (for example) create custom levels, boards, maps, in-game assets, courses, or other content based on the Content ("Custom Content"). Custom Content includes, without limitation, all content created using My Tools and all content created exclusively for use in my Games including in-game assets, maps, screenshots, videos, recordings of in-game audio, gameplay clips, and livestreams. You may only use Custom Content with the Services and/or only as authorized by me. You are solely responsible for the Custom Content you create and agree that such Custom Content will not violate this Agreement including, without limitation, the terms in Section 4.

3.4. Rights to Custom Content. You retain whatever rights, if any, you may have under applicable law in your Custom Content. If you do hold any such rights to your UGC, including any copyright or other intellectual property interest, then, in exchange for the rights licensed to you in this Agreement, you hereby grant me, including without limitation my successors and assigns, a perpetual, irrevocable, worldwide, royalty-free, non-exclusive and sublicensable right to use, reproduce, fix, edit, modify, adapt, reformat, translate, create derivative works based on, publish, distribute, transmit, publicly display, communicate to the public, publicly perform, broadcast, and otherwise exploit your UGC within or via the Services or for any other commercial and non-commercial purpose related to the Services, including but not limited to the improvement of the Services, without compensation or notice to you, for the full duration of the intellectual property rights pertaining to your UGC (including all revivals, reversions, and extensions of those rights). None of the UGC is subject to any obligation, whether of confidentiality, attribution or otherwise, on my part and I am not liable for any use or disclosure of any UGC.

Without limiting the foregoing, the rights licensed to HRW herein explicitly include the right for me to allow other users to use your Custom Content as part of my operation of the Services. By creating, uploading, or distributing your UGC to or via the Services, you represent to me that you own any rights in and to your UGC on a sole and unencumbered basis, and that any such rights you grant to me in this Section, and my exploitation of those rights, will not violate or infringe the rights of any third parties.

3.5. Content Screening and Disclosure. I do not, and cannot, pre-screen or monitor all UGC and Custom Content (collectively "User Material"). You acknowledge and agree that you have no expectation of privacy concerning the submission of any User Material. I do not assume any responsibility or liability for User Material that is generated by users of the Services. I have the right, but not the obligation, in my sole discretion to edit, refuse to post, or remove any User Material. I also reserve the right, at all times and in my sole discretion, to disclose any User Material for any reason, including without limitation

1. to satisfy any applicable law, regulation, legal process or governmental request;
2. to enforce the terms of this Agreement or any other agreement;
3. to protect my legal rights and remedies;
4. where I feel someone's health or safety may be threatened; or
5. to report a crime or other offensive behavior.

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4. User Rules

In this Section, "User Material" means any UGC and Custom Content you create.

4.1. No Illegal Conduct or Unauthorized Commercial Exploitation. You agree that:

1. You will only use the Services for lawful purposes, in compliance with applicable laws.
2. You will not use the Services in connection with any wager of any money or other thing of value.
3. You will use the Services for your own personal, non-commercial use. You will not commercially exploit the Services. This includes participating in, enabling, or encouraging the collection, sale, or exchange of anything from or via the Services.
4. You will not facilitate, create, or maintain any unauthorized connection to the Services (including, any unauthorized server that modifies, emulates, or otherwise connects to any of the Services).

4.2. Respect Intellectual Property. You agree that you will not use the Services to create, upload, or distribute any User Material that infringes any third party's copyright, trademark, patent, trade secret, or other intellectual property rights or other rights (including rights of privacy or publicity) or otherwise violates the terms of Section 3.

4.3. Account Names. When you create an Account for use with a Game or Site, you will need to create a user handle. Your user handle will be visible to other users. When you choose an Account handle, or display name or otherwise create a label or image that can be seen by other users of the Services (each a "User Identifier"), you must abide by the following guidelines (and common decency). If HRW finds a User Identifier to be offensive or improper, or believes a User Identifier is or may be illegal, I may, in my sole and absolute discretion, refuse to grant you the User Identifier, change the User Identifier, remove the User Identifier, and/or suspend or terminate your Account. In particular, you may not use any User Identifier:

1. Belonging to another individual or entity with the intent to impersonate that individual or entity, including without limitation, impersonating any HRW officer or employee or any other HRW community user;
2. That is subject to the rights of any other person or entity without written authorization from that person or entity;
3. That is, contains, or is substantially similar to a trademark or service mark, whether registered or not, or may otherwise cause confusion;
4. Is substantially similar to, or otherwise contains or duplicates any copyrighted work or component of a copyrighted work (including, without limitation, comics, anime, movies or other video games, and any characters appearing in any of the foregoing);
5. That belongs to a popular culture figure, celebrity or media personality;
6. That incorporates vulgar language or imagery or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable;
7. Related to drugs, sex, alcohol, or criminal activity;
8. Belonging to any religious figure or deity;
9. Comprised of partial or complete sentences (e.g., "Umadbro?"); or
10. Uses any characters except for the following: numbers and letters, period (.), underscore (_), or dash (-) and space;

You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a "first" and "last" name that, when combined, violate the above name restrictions.

4.4. Code of Conduct. You agree that:

1. You will not use exploits or illegal or unauthorized means to interfere with or adversely impact any other user's ability to use the Services as intended; to gain unfair gameplay advantage; or to gain access to Content to which you do not have valid entitlement. This includes the use of cheats or so-called "mod menus", unauthorized mods, hacks, glitches, or any other technical exploits, and phishing, scamming, or social engineering.
2. You will not institute, assist, or become involved in any type of attack, including without limitation, denial of service attacks upon, or hacking of, the Services or otherwise attempt to disrupt the Services or any other person''s use of the Services;
3. you will not attempt to gain unauthorized access to the Services, Accounts registered to other users, or the computer systems or networks connected to the Services;
4. You will not use the Services to create, upload, or distribute any User Material that violates or invades another person's privacy. This includes "doxing" i.e. sharing or threatening to share information to embarrass, intimidate, harm, or harass another person.
5. You will not use the Services to engage in fraud, or to create, upload, or distribute any User Material that is knowingly or intentionally misleading, false, or fraudulent.
6. You will not use the Services to engage in "spam," i.e. repeatedly or periodically misuse a communication channel in a way that disrupts or interferes with the operations of the Services, advertises any third-party product or service, or adversely impacts any other user's ability to use the Services as intended.
7. You will not use the Services to create, upload, or distribute User Material, or engage in conduct that:
   1. Contains actual or realistic depictions or descriptions of gore, excessive violence, torture, or animal cruelty;
   2. Depicts, promotes, or attempts to normalize, encourage, or knowingly result in another person's eating disorder, suicide, or other acts of physical self-harm or endangerment of themselves or others, including User Material or conduct that is reasonably understood to facilitate, encourage, or instruct another person to engage in any dangerous real-world "stunt," "challenge," or activity that is likely to result in serious injury to themselves or others;
   3. Is abusive, bullying, harassing, or is reasonably understood to be a physical or verbal threat against another person.
   4. Is pornographic, obscene, or sexually harassing, including engaging in unsolicited or unwanted sexualization of another person, and making threats or attacks based on another person's actual, perceived, or supposed sexuality;
   5. Constitutes hate speech or behavior, which I define to be any form of expression that is reasonably understood to attack or promote hatred or violence against an individual or group based on any of the following characteristics: age; color or race; disability; ethnicity; gender or gender identity; sexual orientation; national origin or immigration status; religious affiliation; military service; socioeconomic class, status, or caste; or weight, size, or body type;
   6. Depicts, promotes, or supports violent extremism or terrorism, including promoting extremist ideologies or conspiracy theories that encourage or incite violence against others.

4.5. No Technical Exploits. You agree that you will not:

1. Use IP proxying or other methods to disguise your location or place of residence;
2. Use the Services via, or copy any Content to, a remote server, virtual PC, or other system or network including, without limitation, one that enables (or purports to enable) such Services or Content to be downloaded or streamed to one or more separate internet-enabled devices.
3. Use, promote, or make available any bug, glitch, exploit, cheat, "mod menu," hack, script, bot, unauthorized mod, or other methods that interact with the Services resulting in a breach of this Agreement, including any such methods to collect information or user data or otherwise intercept, redirect, or interfere with the operation of the Services as intended.
4. Reverse engineer, decompile, or disassemble (except where permitted under applicable legal exceptions deriving from EU Directive 2009/24 or other applicable law), display, perform, prepare derivative works based on, or otherwise modify the Services, in whole or in part, without my explicit prior written consent.
5. Use the Services to distribute, upload, or transmit any software, scripts, code, or other information (including, but not limited to, any virus, worm, timebot, cancelbot, trojan horse, hacks, or other harmful code) to modify or alter the Services in any unauthorized way, or to transmit such information.

4.6. Supporting or Encouraging Violations. You agree that you will not provide User Material support to another user's violation or attempted violation of this Agreement. This includes providing financial support; know-how, expertise, or other assistance; or repeated encouragement to engage in conduct that violates this Agreement.

4.7. Consequences for Violations. If you breach the Agreement, including without limitation the User Rules in this Section, HRW reserves the right to take Adverse Action against you. Adverse Action may include, without limitation:

1. Resetting some or all in-game progress associated with your Account;
2. Suspending your access to some or all of the online Services or your Account;
3. Terminating your access to some or all of the online Services or your Account in accordance with the termination provisions below;
4. Barring you from creating an Account or accessing the online Services in the future; or
5. Taking appropriate legal action to enforce this Agreement or my other rights under applicable law.

I may notify law enforcement or other government agency or regulatory body, and provide any associated personal data as set out in my Privacy Policy, if the breach involves a threat to the life or safety of yourself or others, or any other activity that I believe to be unlawful.

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5. Content Moderation and Reporting

5.1. Moderation. I reserve the right to moderate the use of the Services for a variety of purposes, including to:

1. prevent cheating and hacking;
2. detect, modify, suppress, block, hide, remove, or delete illegal or harmful User Material;
3. enforce the terms of this Agreement

I have no obligation to host, maintain, support, or distribute User Material.

5.2. User Reporting Tools. The Services may include tools to enable users to control their interactions with other users, such as to enable users to "mute" or block other users. If you are aware of User Material or user conduct on the Services that violates the User Rules in Section 4 of this Agreement, you may notify me using the reporting tools located in-game or on the HRW website Contact page (submitting a "Report"). By submitting a Report, you confirm that you have a good faith belief that the User Material or user conduct identified in your Report violates this Agreement and that the information provided in your Report is accurate and complete.

5.3. Notice to Users. Consistent with my obligations under applicable law, I will try to notify you as soon as reasonably practicable relating to (a) my decision on a Report or appeal you submit; or (b) if I moderate your User Material or take Adverse Action against you because of your User Material.

My notice will explain the effect that any such decision or action may have on your Account, your UGC, Custom Content, Service access or entitlements, and (if applicable) your ability to submit an appeal.

5.4. Availability of Appeal. Where appropriate, I may provide you with the ability to appeal decisions I make related to Adverse Action taken against yourr Account or your User Material (each, an "Appeal"). When an Appeal is available, the related notice will include details about how to submit an Appeal if you wish to do so. If available, an Appeal may only be submitted if you have a good faith belief that my enforcement decision was incorrect. Any abuse of the Appeal system is itself a violation of this Agreement and may result in further Adverse Action being taken against your Account.

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6. Availability, Updates, and Features

6.1. Availability. Availability of specific Services or Content may vary depending on your region or device. If you change regions, without prejudice to my portability obligations under applicable law and depending on your agreement with the applicable digital storefront, you may need to re-acquire or re-purchase certain Services or Content acquired in your previous region. Similarly, if you change regions, you may no longer be able to access certain Services or Content that you were able to access in your previous region if such Services or Content are prohibited by the applicable laws of your new region. I do not guarantee that I will indefinitely support the version of the operating system or device for which you licensed, obtained, or purchased any Service, nor do I guarantee that I will support future versions of said operating system or device.

7. Your Responsibilities to Me

7.1. Indemnification. You agree to defend, indemnify and hold harmless HRW from and against any and all direct liabilities, damages, and losses arising out of or in connection with:

1. Your breach of this Agreement;
2. Any information or content provided by you that infringes the rights of a third party when used by me in accordance with this Agreement; and
3. Your unlawful acts or omissions.

7.2. Indemnification. You agree to indemnify, defend and hold HRW harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of any breach by you of this Agreement or any other policies that HRW may issue for the Services from time to time.

You are not required to indemnify HRW in respect of any liabilities, damages or losses arising out of or in connection with the negligent acts or omissions, fraud, or willful misconduct by HRW, HRW's officers or contractors, or to the extent you are not responsible for the breach.

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8. Termination

8.1. By You. You may terminate this Agreement at any time by (1) stopping your use of the Services; (2) destroying or deleting all copies of any materials or software in your possession; and (3) deleting your Account (if applicable to the Service). You may request that I delete your Account, and your personal information, as provided under my Privacy Policy.

8.2. By HRW. For any online Services, and/or Account provided to you for an indefinite period of time, I have the right to terminate this Agreement and your access to the online Services and your Account at any time for any reason in my sole discretion. If I have reasonable means to contact you and where practicable, I will try to inform you reasonably in advance of any such termination of access taking effect. Where it is not practicable to inform you in advance, I will try to inform you promptly afterwards.

8.3. Termination for Breach. I may immediately terminate or suspend your right to access any aspect of the online Services, Content, and/or your Account:

1. If you breach this Agreement;
2. If you use the Services or your Account fraudulently, illegally or in any manner other than for its intended purposes;
3. If you initiate any adverse proceeding against me; or
4. If I am under a legal obligation to do so.

If I decide to terminate or suspend your right to access some or all of the online Services or your Account, I will try to inform you in advance of such termination or suspension unless the action is taken under a legal obligation that does not require me to inform you or if it is not practicable for me to do so.

8.4. Effect of Termination on License. You acknowledge and agree that if this Agreement is terminated, the licenses granted to you under this Agreement (or in respect of such Services, Content, or Account) shall immediately terminate.

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9. Miscellaneous

9.1 Agreement Revisions This Agreement may only be revised in writing signed by me, or published by me on the Site.

9.2. Entire Agreement. This Agreement, together with any documents or policies linked to herein, is the entire agreement between you and me for your use of the Services (including your Account). It supersedes any prior or contemporaneous communications, whether electronic, oral or written, between you and me with respect to the Services. You agree that I may assign this Agreement, in whole or in part, at any time. You may not assign your rights or transfer your obligations under this Agreement or transfer any rights to use the Services or your Account. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall either be reformed only to the extent necessary to make it enforceable or removed from the Agreement entirely and the remaining provisions of this Agreement shall remain effective. Either party may disclose information related to this Agreement or use of the Services as necessary to satisfy any law, regulation, legal process, or governmental request.

9.3. Export Laws. You must comply with all applicable domestic and international export laws and regulations that apply to the Services or your Account, which include restrictions on destinations, users, and use. You will comply fully with all relevant export laws and regulations of the United States, including, without limitation, the U.S. Export Administration Regulations (collectively "Export Controls"). Without limiting the generality of the foregoing, you will not, and you will require your representatives not to, export, direct or transfer the Game, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls. You represent and warrant that you are not located in, under the control of, or a national or resident of an embargoed country and that you are not a Specifically Designated National or Blocked Person.

9.4. No Waiver. My failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by me of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

9.5. Links from the Site. The Site may contain links to websites operated by other parties. HRW provides these links to other websites as a convenience, and use of these websites is at your own risk. The linked websites are not under the control of HRW, and I am not responsible for the content available on the other websites. Such links do not imply my endorsement of information or material on any other websites and I disclaim all liability with regard to your access to and use of such linked websites.

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10. Contacting Me

If you have any questions or concerns about the Services, your Account, or this Agreement, please visit my Contact page on the HRW website and follow instructions there. I try to review and respond to all communications as soon as reasonably practicable. However, keep in mind I am one person and my volume of communications is unpredictable.

Law enforcement, regulators, and national authorities wishing to contact HRW may also use my Contact page on the HRW website.

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11. Unsolicited Idea Submissions

Neither HRW nor any of my officers, employees or contractors accept or consider unsolicited ideas, original creative artwork or other works, including, without limitation, ideas or suggestions for new or improved games or technologies, game or product enhancements, marketing plans or names for new games (collectively "Unsolicited Ideas"). Please do not send your Unsolicited Ideas to HRW or my officers, employees or contractors. This policy is aimed at avoiding potential misunderstandings or disputes when HRW's products or strategies might seem similar to your Unsolicited Ideas that are submitted. If, despite my request that you not send me your Unsolicited Ideas, you still submit your Unsolicited Ideas to me or to any of my officers, employees, or contractors, then, you hereby grant me and my designees a worldwide, non-exclusive, sublicensable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, create derivative works of, publicly perform, publicly display and license, digitally perform, make, have made, sell, offer for sale and import your Unsolicited Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving your Unsolicited Ideas to others.

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12. Governing Law, Warranty, and Liability

12.1. Governing Law and Jurisdiction. This Agreement is entered into in the State of Oregon and, except as otherwise provided in this Agreement, shall be governed by, and construed under, the laws of the United States of America and the State of Oregon without regard to conflict of law rules or choice of law principles.

The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Other laws may apply if you choose to access the Services from outside of the United States. In such an event, those local laws shall affect this Agreement only to the extent necessary in that jurisdiction, and this Agreement shall be interpreted to give maximum effect to the terms and conditions in this Agreement. You are responsible for compliance with all local laws if and to the extent local laws are applicable.

12.2. Negotiations. Disputes can be expensive and time consuming for both parties. In an effort to accelerate resolution and reduce the cost of any dispute or claim related to this Agreement ("Claim"), you and HRW agree to first attempt to informally negotiate any Claim for at least thirty (30) days (except those Claims expressly excluded in Section 12.3 below). In an effort to make communication quick and easy, HRW will send notice to the email address associated with your Account. You will send your notice to HRW's email address contact@houseravenwolf.com, Attn: Disputes. Please note that this informal resolution procedure does not suspend any statutory limitation periods applicable to the bringing of a Claim.

12.3 Exceptions to Negotiations. You and HRW agree that the following Claims are not subject to the above provisions concerning negotiations:

1. Any Claims seeking to enforce or protect, or concerning the validity of, any of your or HRW's intellectual property rights;
2. Any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and
3. Any claim for equitable relief.

12.4. Warranty Disclaimer. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED TO YOU "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." NEITHER HRW, NOR ANY OF MY OFFICERS, EMPLOYEES, OR AGENTS MAKE ANY REPRESENTATIONS, WARRANTIES, PROMISES, OR GUARANTEES OF ANY KIND WHATSOEVER AS TO THE SERVICES, SOFTWARE, DIGITAL PRODUCTS, CONTENT, THIRD-PARTY SERVICES, OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. HRW DOES NOT WARRANT THAT THE SERVICES OR THIRD-PARTY SERVICES WILL BE ACCURATE OR RELIABLE, UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES. TO THE FULLEST EXTENT PERMITTED BY YOUR LOCAL LAW, HRW DISCLAIMS ANY IMPLIED WARRANTIES INCLUDING FOR NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. USE OF THE SERVICES AND/OR THE CONTENT AVAILABLE THROUGH THE SERVICES IS AT YOUR SOLE RISK.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.

12.5. Limited Physical Products Warranty. For physical products I make myself, I warrant to the original consumer purchaser of the physical products that they (the "Goods") will be free from defects in material and workmanship for 90 days from the date of purchase under normal use. If the Goods are found to be defective within 90 days of the original purchase, I agree to replace, free of charge, the applicable defective Goods within the applicable 90 day period, upon my receipt of the Goods (postage paid, with proof of the date of purchase) so long as the Goods are still being made by me. If the Goods are no longer available, I reserve the right to substitute similar goods of equal or greater value, or issue a refund itf this is not possible. This warranty is limited to the Goods, as originally provided by me, and is not applicable to normal wear and tear. This warranty shall not apply if the claimed defect arises through abuse, misuse, mistreatment, or neglect of the applicable Goods. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.

12.6. Limitations of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HRW BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.

WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF HRW EXCEED THE AMOUNT THAT YOU PAID TO ME OR MY DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.

The limitations and disclaimers in this Agreement do not purport to limit liability or alter your rights as a user that cannot be excluded or limited under applicable law. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of HRW shall be limited to the fullest extent permitted by law.

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