Terms of Service

Indie Gems, LLC · Last updated 31 August 2026

These Gem Arcade Terms of Service (“Terms of Service”) apply when you (referred to in these Terms of Service as “you” or “User”) access, use or visit the website located at https://gemarcade.com (the “Site”) or the mobile application known as Gem Arcade (the “App”) and access, purchase, download, stream, play, or otherwise use the video games, game-related content, features, and related online services made available through or in connection with the Site or the App (collectively, together with the Site and the App, the “Services”) that are provided by Indie Gems, LLC (referred to in these Terms of Service as the “Company”, “we”, “us”, and “our”). We prepared these Terms of Service to explain the terms that apply to your access to and use of the Services, including purchases of individual games made available through the Services.

Please read these Terms of Service carefully. By clicking “Accept,” registering for an account, purchasing, downloading, accessing, playing, or otherwise using the Services, you agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, you must not access or use the Services.

Use by Children and Minors: The Services are not intended for or directed to children under the age of thirteen (13), and children under thirteen (13) may not create an account or use the Services. Users who are thirteen (13) or older but under the age of majority may use the Services only with the consent and supervision of a parent or legal guardian. If you are a parent or legal guardian accepting these Terms of Service on behalf of a minor, you represent and warrant that you are authorized to do so, agree to supervise the minor’s use of the Services, and are responsible for the minor’s activity on the Services, including purchases made through the applicable User Account, device, child profile, or authorized payment method. The Company may require age information, parental consent, or additional verification before allowing access to certain games, online features, social features, purchases, or other portions of the Services.

Notice Regarding Arbitration and Dispute Resolution: You and the Company agree that most disputes between you and the Company will be resolved by binding, individual arbitration, unless you opt out in accordance with Section 14.9. Unless you opt out of arbitration, you are waiving your right to a trial by jury and your right to participate as a plaintiff or class member in any purported class action, collective action, class arbitration, or representative proceeding. If you wish to opt out of arbitration, follow the opt-out procedure specified in Section 14.9 below.

1. Description of the Services.

The Services provide an online storefront, app-based game library, and related features through which eligible users may browse, purchase, access, download, stream, and play video games and related digital content. Unless otherwise expressly stated at the time of purchase, each game purchase provides access to the applicable game or content through the Services, subject to these Terms of Service, the End User License Agreement located at legal@indie-gems.com (the “EULA”), and any applicable Supplemental Terms (as described in Section 3 below). These Terms of Service govern your use of the Services. The EULA governs your installation, download, access, gameplay, updates, game software, and game-specific content. Certain games or features may be subject to age ratings, content descriptors, technical requirements, parental controls, or Supplemental Terms.

2. Updates to these Terms of Service.

We may change, modify, or amend these Terms of Service from time to time. We will notify you of material changes by posting the amended Terms of Service on the Services before the changes take effect and may also provide notice by email, in-Service notice, or other reasonable means. If you do not agree with the proposed changes, you should discontinue your use of the Services before the updated Terms of Service become effective. If you continue using the Services after the updated Terms of Service take effect, you will be bound by the updated Terms of Service. Unless otherwise required by applicable law or necessary to address legal, safety, security, or operational concerns, changes to these Terms of Service will apply prospectively and will not alter the payment terms, refund rights, or access terms applicable to any Game Purchase completed before the effective date of the updated Terms of Service.

3. Privacy Policy; Supplemental Terms.

In connection with your use of the Services, please review our Privacy Policy, located at https://gemarcade.com/legal/privacy.html (the “Privacy Policy”), to understand how we use information we collect from you when you access, visit, or use the Services. The Privacy Policy is part of and is governed by these Terms of Service and by agreeing to these Terms of Service, you agree that we may use information collected from you in accordance with its terms. In addition, we may offer services, features, games, digital content, promotions, or platform functionality that we believe require service-specific, game-specific, or feature-specific terms or guidelines (“Supplemental Terms”). Supplemental Terms may include game-specific rules, content notices, refund terms, promotion rules, community standards, safety rules, feature terms, or other additional terms made available through the Services or in connection with a particular game, feature, promotion, content item, or transaction. When using services, features, games, or content that are identified as subject to applicable Supplemental Terms, you must comply with those Supplemental Terms. If these Terms of Service conflict with Supplemental Terms, the Supplemental Terms will govern the applicable services, features, games, content, or transactions that are subject to the Supplemental Terms, except that these Terms of Service will continue to govern your User Account, storefront access, purchases, payment processing, enforcement, and platform-level conduct.

4. Affirmative Representations Regarding Your Use of the Services.

When you use the Services, you represent and warrant that: (A) all information you submit to the Services is truthful, accurate, current, and complete; (B) your use of the Services does not and will not violate any applicable law, regulation, these Terms of Service, the EULA, or any applicable Supplemental Terms; (C) you are of sufficient legal age and capacity to enter into these Terms of Service, or, if you are accepting these Terms of Service on behalf of a minor, you are the minor’s parent or legal guardian and are authorized to accept these Terms of Service on the minor’s behalf; (D) if you are accepting these Terms of Service on behalf of a minor, you will supervise any minor’s use of the Services through your User Account, device, child profile, or payment method; (E) you are authorized to use any payment method you provide or use in connection with the Services; (F) you have not previously been suspended or removed from the Services unless the Company has expressly authorized you to use the Services again; (G) you are not located in a country or region subject to a U.S. Government embargo or sanctions program and are not listed on any U.S. Government list of prohibited or restricted parties; and (H) you will use the Services and any games made available through the Services only for personal, non-commercial entertainment purposes, except as expressly permitted by the Company.

5. Registration and Accounts

5.1 User Accounts.

In order to purchase or access certain features, or play games, through the Services, you may be required to create a user account (“User Account”). A User Account may be created by an adult user or, where permitted by the Company and applicable law, by or for a minor with the consent and supervision of a parent or legal guardian. In connection with your User Account, you agree: (A) to provide true, accurate, current and complete information about yourself as prompted by the Services’ registration process (the “Registration Data”); and (B) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

5.2 User Registration.

When you sign up for a User Account on the Services, you may be required to create a username, user I.D., password, or other credentials associated with your User Account and to complete the Company’s registration process. Your User Account will become active only if and when the Company accepts your registration. The Company may defer or refuse registration and User Account activation in its discretion. You may not: (A) select or use a username, user I.D., or profile name of another person with the intent to impersonate that person; (B) use a username, user I.D., or profile name subject to another person’s rights without appropriate authorization; or (C) use a username, user I.D., or profile name that is offensive, vulgar, obscene, misleading, or otherwise inappropriate. If any Registration Data changes, you must promptly update the applicable information through the Services or notify the Company using the contact information provided in Section 26.

5.3 User Account Responsibilities.

You are responsible for maintaining the confidentiality of the username, password, and other credentials associated with your User Account and for all activity that occurs through your User Account, device, or payment method. You must promptly notify us if you become aware of, or reasonably suspect, any unauthorized access to or use of your User Account. You are responsible for maintaining the devices, software, internet connection, parental-control settings, and account information necessary to access and use the Services. The Company is not responsible for problems, delays, losses, or damage arising from your device, internet connection, telecommunications provider, account credentials, security settings, or other circumstances outside of the Company’s reasonable control.

5.4 Online and Interactive Features.

The Services may include online or interactive features, such as leaderboards, achievements, multiplayer functionality, chat, friend lists, user profiles, user-generated content areas, reporting tools, or other features that allow users to interact with games, the Company, or other users (“Interactive Features”). Certain Interactive Features may be disabled by default for child users, limited by age, subject to parental consent, or unavailable for certain games or accounts. Users must comply with all rules governing User Content, game conduct, and prohibited activities when using any Interactive Features. The Company may moderate, restrict, disable, or remove Interactive Features at any time in its discretion, including to protect child safety, comply with law, enforce these Terms of Service, or preserve the integrity of the Services.

5.5 User Responsibility for Content and Conduct.

Users are solely responsible for all content they upload, submit, post, transmit, display, or otherwise provide through the Services and for how they choose to engage with games, Interactive Features, and other users. Users must comply with all rules governing User Content, game conduct, and prohibited activities, including those set forth in these Terms of Service and any game-specific rules or Supplemental Terms.

5.6 User Interactions and Safety.

You are solely responsible for your interactions with other users through or in connection with the Services, including through chat, multiplayer features, friend lists, user profiles, messages, comments, reviews, forums, user-generated content areas, or any other Interactive Features. You agree to exercise caution, good judgment, and appropriate parental or guardian supervision when communicating with other users. The Company does not control and is not responsible for user communications, user relationships, user disputes, or any online or offline interactions between users. You should not share personal contact information, precise location information, financial information, account credentials, or other sensitive information with other users, and minors may not share such information or arrange offline meetings with other users through the Services. You may not solicit, encourage, facilitate, or arrange offline contact with a minor, attempt to move communications with a minor off the Services, request personal information from a minor, or engage in grooming, exploitation, bullying, harassment, stalking, threats, doxxing, hate speech, or other abusive or unsafe conduct. The Company may provide reporting, blocking, muting, parental-control, content-filtering, or moderation tools, but does not undertake to monitor all communications, verify the identity or statements of users, guarantee user conduct, or guarantee that users will not encounter objectionable, inaccurate, harmful, or inappropriate content or conduct. The Company may restrict, suspend, disable, remove, or report any Interactive Feature, User Content, User Account, communication, or conduct where it believes doing so is appropriate to protect users, child safety, the Services, the Company, or third parties, or to comply with applicable law.

5.7 Use of the App through an Apple Device.

If you are using the App on an iOS device, you acknowledge and agree to the terms of this Section. These Terms of Service are between you and the Company only, not with Apple, and Apple is not responsible for the Services and the content of the Services. Apple has no obligation whatsoever to provide any maintenance and support service with respect to the Services. If the Services fail to meet an applicable warranty provided by Apple with respect to the App, you may notify Apple, and Apple will refund any applicable purchase price for the App to you. Apple has no other warranty obligation whatsoever with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your use of the Services, including: (A) product liability claims; (B) any claim that the Services fail to meet any applicable legal or regulatory requirement; and (C) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Services or your use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Services. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Service, and when you accept these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

6. Game Purchases; Payment Terms.

6.1 Game Purchases.

The Company may make individual games, game bundles, downloadable content, expansion packs, additional levels, or other game-related digital content available for purchase through the Services (each, a “Game Purchase”). Unless otherwise stated at the time of purchase, each Game Purchase provides access to the applicable game or content through the Services for personal, non-commercial entertainment purposes, subject to these Terms of Service, the EULA, any applicable Supplemental Terms, device compatibility, and the continued availability of the Services. The license to install, download, access, play, and use games, game software, updates, and game-specific content is governed by the EULA and any applicable Supplemental Terms. A Game Purchase does not transfer title or ownership in any game, software, content, character, artwork, audiovisual material, or other intellectual property. Prices, features, availability, compatibility requirements, and content included with any Game Purchase may be displayed in the Services and may vary by region, platform, promotion, device, account type, the EULA, or applicable Supplemental Terms.

6.2 Purchase Authorization; Parents and Guardians.

By submitting a Game Purchase, you represent and warrant that you are authorized to use the selected payment method and to make the purchase. If you are a parent or legal guardian, you are responsible for all Game Purchases made through your User Account, device, or payment method, including purchases made by a minor where you have enabled purchases, failed to restrict purchases, shared account credentials, or otherwise authorized access. The Company may make parental controls, spending controls, purchase confirmations, or other tools available, but you remain responsible for configuring and maintaining those tools and for supervising any minor’s use of the Services.

6.3 Access to Purchased Games.

Purchased games and game-related content may be accessible only through the Services and only while your User Account remains active, the applicable game remains available, you have accepted and continue to comply with the EULA and any applicable Supplemental Terms, and your device and software meet applicable technical requirements. The Company may provide updates, patches, bug fixes, compatibility updates, content changes, safety updates, or feature modifications for games from time to time, which may be subject to the EULA and any applicable Supplemental Terms. Certain games may require an internet connection, account login, parental consent, platform authentication, acceptance of the EULA or applicable Supplemental Terms, or updated software to access some or all features. The Company does not guarantee that any game will be available indefinitely or compatible with all devices, operating systems, or versions.

6.4 Refunds and Cancellations.

Except as expressly stated in these Terms of Service, any applicable refund policy, the EULA, Supplemental Terms, platform rules, or as required by applicable law, Game Purchases are final and non-refundable once the purchase is completed and access to the applicable game or content is made available. If a Game Purchase is made through a third-party app store or platform, refund requests may be subject to that platform’s refund policies and procedures. Nothing in the EULA or any Supplemental Terms limits any refund, cancellation, warranty, or consumer protection right that cannot be waived under applicable law. The Company may, in its discretion or where required by law, provide a refund, credit, replacement access, or other remedy if a game is unavailable, defective, mistakenly purchased, or materially different from its description.

6.5 Payments.

By clicking buttons such as “Purchase,” “Buy,” “Pay,” or “Confirm” with respect to a Game Purchase, the applicable fees, taxes, and charges shall be charged to you through the payment method selected or associated with your account. All payments made through or in connection with the Services are processed by a third-party payment processor, applicable app store, or platform, and not directly by the Company. You may pay for Game Purchases using payment methods accepted by the Company, the applicable app store, platform, or our third-party payment processor. Unless otherwise specified before your submission of payment, access to the applicable game or content will be made available once your payment is completed or authorized, subject to your acceptance of and compliance with the EULA, any applicable Supplemental Terms, and platform rules. The processing of payments is subject to the terms, conditions, and privacy policies of the applicable payment processor, app store, or platform, in addition to these Terms of Service. We are not responsible for errors, delays, security incidents, processing failures, payment declines, chargebacks, or other acts or omissions of any payment processor, app store, or platform. When making a Game Purchase, you agree that you have read and agree to be bound by the EULA, any applicable Supplemental Terms, payment processor terms, and platform terms.

6.6 End User License Agreement; Game-Specific Supplemental Terms.

The EULA governs your license to install, download, access, play, and use games, game software, updates, and game-specific content made available through the Services. You may be required to review and accept the EULA before downloading, installing, accessing, updating, or playing any game or using particular game-specific content or features. Certain games, downloadable content, updates, events, online features, content, or game-specific functionality may also be subject to Supplemental Terms made available before or at the time of purchase, download, installation, access, update, or gameplay. Those Supplemental Terms supplement the EULA and these Terms of Service for the applicable game, content, feature, or transaction. If you do not accept the EULA or any applicable Supplemental Terms, you may not be able to access or use the applicable game, content, update, or feature. If these Terms of Service conflict with the EULA or any applicable Supplemental Terms, the EULA or applicable Supplemental Terms will control solely with respect to the applicable game, game software, updates, game-specific content, or feature, and these Terms of Service will control with respect to the Services, User Accounts, storefront access, purchases, payment processing, refunds except to the extent expressly modified by the EULA or applicable Supplemental Terms or required by law, Interactive Features, User Content, reporting, enforcement, and platform-level conduct. A violation of the EULA or any applicable Supplemental Terms will also constitute a violation of these Terms of Service and may result in suspension, termination, loss of access, removal of content, or other enforcement action in accordance with these Terms of Service, the EULA, applicable Supplemental Terms, applicable law, and platform rules.

7. Prohibited Activities.

You agree that, in connection with your use of the Services, any game, any User Account, or any Interactive Feature, you will not, and will not assist or permit any other person to:

(a) use the Services, any game, or any Company Content for any unlawful, fraudulent, deceptive, unsafe, abusive, or unauthorized purpose;

(b) interfere with, disrupt, damage, overload, impair, or gain unauthorized access to the Services, any game, any User Account, any Company system, server, network, security measure, authentication measure, access-control measure, payment system, or anti-cheat or game-integrity technology;

(c) transmit, upload, introduce, or use viruses, malware, harmful code, scripts, bots, automated tools, data-mining tools, packet interception tools, cheats, exploits, hacks, macros, emulators, unauthorized third-party software, or similar tools or methods;

(d) copy, reproduce, distribute, publicly perform, publicly display, sell, rent, lease, sublicense, assign, transfer, scrape, crawl, harvest, frame, mirror, commercially exploit, or otherwise use the Services, any game, any Company Content, any User Content, or any data obtained through the Services except as expressly permitted by the Company;

(e) modify, adapt, translate, decompile, disassemble, reverse engineer, attempt to derive source code or underlying ideas from, or create derivative works based on the Services, any game, any game software, or any Company Content, except to the extent such restriction is prohibited by applicable law;

(f) use the Services, any game, or any Company Content to build, train, improve, benchmark, or support a competing product, service, website, application, game, game platform, artificial intelligence model, machine learning model, or similar technology without the Company’s express written consent;

(g) impersonate any person or entity, misrepresent your identity, age, authority, affiliation, payment authorization, or account information, or provide false, inaccurate, or misleading information in connection with the Services;

(h) harass, bully, threaten, stalk, intimidate, shame, dox, groom, exploit, abuse, target, or otherwise harm any user, including any minor, or encourage, facilitate, or assist any other person in doing so;

(i) request, collect, post, transmit, disclose, or misuse another user’s personal information, contact information, precise location information, account credentials, payment information, images, recordings, or other sensitive information without authorization;

(j) solicit, encourage, facilitate, or arrange offline contact or meetings with any user, particularly any minor, or attempt to move communications with a minor to another platform, application, service, phone number, email address, social-media account, or other off-Service communication channel;

(k) post, transmit, or distribute content or communications that are unlawful, infringing, defamatory, invasive of privacy or publicity rights, obscene, pornographic, exploitative, hateful, discriminatory, threatening, abusive, harassing, excessively violent, fraudulent, deceptive, or otherwise objectionable;

(l) engage in spam, flooding, phishing, scams, pyramid schemes, unauthorized advertising, unauthorized promotions, contests, sweepstakes, gambling, speculative activities, money laundering, or other fraudulent or illegal activity;

(m) make, attempt to make, or enable unauthorized purchases, fraudulent chargebacks, payment reversals, use of unauthorized payment methods, or any other payment abuse;

(n) sell, transfer, sublicense, rent, lease, share, broker, gift, commercially exploit, or otherwise dispose of any User Account, purchased game, game access right, virtual item, saved progress, entitlement, credential, or other digital content except through functionality expressly authorized by the Company;

(o) use the Services, any game, or any Company Content for commercial, business, advertising, promotional, political, election-related, public-performance, tournament, esports, location-based entertainment, or similar purposes without the Company’s express written consent;

(p) if the Company supports voice, audio, image, or video features, submit recordings or images of real people without appropriate consent, create or distribute impersonations or deepfakes, or submit recordings or images that violate these Terms of Service; or

(q) otherwise access or use the Services in a manner that violates these Terms of Service, the EULA, any applicable Supplemental Terms, platform rules, community standards, instructions provided by the Company, or applicable law.

8. User Content

8.1 Rules Governing User Content.

“User Content” means any content, information, data, text, usernames, profile information, avatars, messages, gameplay submissions, drawings, screenshots, comments, reviews, media, works, or other materials that you upload, submit, post, publish, display, transmit, or otherwise provide through or in connection with the Services, any game, or any Interactive Feature. You are solely responsible for your User Content and for ensuring that your User Content is lawful, accurate, appropriate for the Services and any applicable game or age setting, and consistent with these Terms of Service, the EULA, any applicable Supplemental Terms, and applicable law. You represent and warrant that you will not upload, submit, post, publish, display, transmit, or otherwise provide User Content that:

(r) infringes, misappropriates, or violates any intellectual property, privacy, publicity, confidentiality, contractual, proprietary, or other right of any person;

(s) you do not have the right to submit, transmit, display, or make available under applicable law, contractual obligation, fiduciary duty, or other restriction;

(t) contains viruses, malware, harmful code, scripts, files, or programs designed or likely to interrupt, damage, disable, overburden, impair, or limit the functionality of any software, hardware, network, device, system, or telecommunications equipment;

(u) poses or creates a privacy, security, safety, fraud, child-safety, or reputational risk to any person, the Company, the Services, any game, or any third party;

(v) contains unauthorized advertising, promotional materials, commercial solicitations, spam, phishing attempts, scams, pyramid schemes, contests, sweepstakes, gambling, speculative activities, or other unauthorized solicitations;

(w) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, exploitative, excessively violent, invasive of another person’s privacy, hateful, discriminatory, racially or ethnically offensive, or otherwise objectionable;

(x) targets, exploits, grooms, bullies, harasses, threatens, doxes, or otherwise harms or attempts to harm another user, including any minor; or

(y) restricts or inhibits any other person from using or enjoying the Services or may expose the Company, the Services, any game, any user, or any third party to harm or liability.

8.2 Rights in User Content.

(a) Ownership of User Content. We do not claim any ownership rights in your User Content. As between you and the Company, you retain any and all rights you may have in your User Content, including any intellectual property rights or other proprietary rights associated with your User Content, subject to the license you grant to us in Section 8.2(B) below.

(b) License to User Content. By providing User Content in connection with the Services, you grant us a non-exclusive, fully-paid, royalty-free, worldwide right and license, with the right to sublicense to service providers and platform partners as necessary, to host, store, reproduce, display, perform, transmit, modify, adapt, publish, distribute, and otherwise use your User Content solely for purposes of operating, providing, moderating, securing, improving, promoting, and supporting the Services and the applicable games, enforcing these Terms of Service, and complying with applicable law. We may remove or restrict User Content that violates these Terms of Service, applicable law, game rules, child-safety requirements, or any applicable Supplemental Terms.

(c) Removal and Moderation of User Content. The Company may, but is not obligated to, review, monitor, moderate, remove, disable, restrict, edit, or refuse to display any User Content at any time where the Company believes that the User Content violates these Terms of Service, the EULA, any applicable Supplemental Terms, child-safety requirements, community standards, or applicable law, or otherwise creates legal, safety, security, operational, reputational, or user-protection concerns. You are responsible for evaluating and bearing all risks associated with your User Content, including any reliance on its accuracy, completeness, usefulness, or legality.

(d) Feedback. You may, but are not required to, provide ideas, suggestions, requests, recommendations, bug reports, gameplay concepts, feature requests, or other feedback regarding the Services, any game, or any Company product or feature (“Feedback”). If you provide Feedback, you grant the Company a perpetual, irrevocable, worldwide, fully paid, royalty-free, sublicensable, transferable license to use, reproduce, disclose, distribute, display, perform, modify, create derivative works from, commercialize, and otherwise exploit the Feedback for any purpose, without restriction, attribution, or compensation to you. The Company has no obligation to treat Feedback as confidential or to use, implement, or respond to Feedback.

9. Game Play, Fair Use, and Service Integrity.

You must use the Services and all games in a reasonable, lawful, and responsible manner. You may not use cheats, bots, scripts, exploits, unauthorized third-party software, account sharing, credential sharing, data mining tools, automated gameplay tools, or other methods that interfere with fair play, game integrity, child safety, security, or the proper operation of the Services. If the Company detects activity that reasonably indicates excessive, abnormal, fraudulent, unsafe, or abusive usage, or the sharing of login credentials with other individuals, your User Account may be suspended or permanently deleted without prior notice. Refunds may also be limited or denied in accordance with applicable law, these Terms of Service, any applicable Refund Policy, and any Supplemental Terms.

10. Our Intellectual Property Rights.

10.1 Ownership of the Services.

Except with respect to your User Content and the User Content of other users of the Services, and any third party content provided through the Services, we own (and you acknowledge that we own) all right, title, and interest in and to: (A) the Services and all related intellectual property, including the “look and feel” of the Services and all software, ideas, processes, data, text, media, and other content available on the Services (individually and collectively, “Company Content”); and (B) our trademarks, logos, and brand elements (“Marks”). The Services, Company Content, and Marks are each protected under U.S. and international laws. You may not duplicate, copy, or reuse any portion of Company Content or use the Marks without our prior express written consent. We reserve all rights in and to the Services, the Company Content and the Marks.

10.2 License to Use the Services.

Subject to your compliance with these Terms of Service, the EULA, and any applicable Supplemental Terms, you are granted a non-exclusive, non-transferable license to use the Services for your personal use. This license applies to the Services as a platform and does not independently grant you any rights to install, download, access, play, or use a particular game, game software, updates, or game-specific content except as provided in the EULA or applicable Supplemental Terms. You have no right to modify, adapt, or translate the Services or create derivative works based on the Services. No additional implied rights are granted beyond those specifically set forth in these Terms of Service, the EULA, any applicable Supplemental Terms, or otherwise in a written agreement signed by an authorized representative of the Company. Nothing in these Terms of Service shall be construed to mean, by inference or otherwise, that you have any right to access the object code or source code comprised within the Services or any game, and you are prohibited from disassembling, decompiling, reverse engineering, or otherwise deriving the source code of the software comprised within the Services or any game except to the extent such restriction is prohibited by applicable law.

10.3 Content Ratings and Descriptors.

Games available through the Services may be assigned age ratings, content descriptors, interactive element notices, or other labels by the Company, a ratings authority, or a third party. Games may also include interactive elements, parental controls, achievements, saved progress, downloadable or streamed content, updates, bug fixes, and other features made available by the Company from time to time. Ratings and descriptors are provided for informational purposes and may identify content or features such as cartoon violence, fantasy violence, online interactions, user-generated content, purchases, advertising, or other interactive elements. Ratings, descriptors, and labels may be modified from time to time based on changes to a game, additional information, regional requirements, platform rules, or applicable law. You are solely responsible for determining whether the Services and any game available through the Services are appropriate for you or any child under your supervision. You acknowledge and agree that ratings and descriptors may not identify every aspect of a game that a parent or legal guardian may consider relevant and that parents and legal guardians remain responsible for determining whether a game is appropriate for a minor.

10.4 Game Content Disclaimer.

The Company does not warrant that any game, game content, User Content, online feature, or third-party content available through the Services will be error-free, uninterrupted, compatible with every device, suitable for every child, or free from content that a user, parent, or legal guardian may find objectionable. You acknowledge and agree that your access to and use of the Services and any game available through the Services is at your sole risk. Any liability arising from your decision to access, purchase, play, or permit a minor to access or play a game through the Services shall be your responsibility to the fullest extent permitted by applicable law.

11. Our Management of the Services; Termination

11.1 Our Right to Manage the Services.

We reserve the right, but do not undertake the obligation to: (A) monitor or review the Services for violations of these Terms of Service and for compliance with our policies; (B) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Service or applicable law; (C) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any User Content or any portion thereof; (D) manage the Services in a manner designed to protect our, our users’, and third parties’ rights and property or to facilitate the proper functioning of the Services; and/or (E) terminate or block your use of the Services for violating these Terms of Service.

11.2 Our Right to Terminate Users.

Without limiting any other provision of these Terms of Service, the EULA, any applicable Supplemental Terms, or any remedy we may have under law or in equity, we reserve the right, in our discretion and without notice or liability, to deny access to and use of the Services, suspend or terminate any User Account, or restrict access to any game, feature, or content, including for violation of these Terms of Service, the EULA, any applicable Supplemental Terms, or applicable law. If we terminate your User Account without cause and you have prepaid any fees without receiving the associated access to the Services, we will refund the applicable prepaid fees except to the extent otherwise permitted by applicable law, platform rules, any applicable Refund Policy, the EULA, or any applicable Supplemental Terms.

11.3 Your Termination Rights.

You may stop using the Services at any time. If the Services make an account deletion or termination process available, you may use that process, or you may contact us using the contact information provided in Section 26. Termination of your User Account may result in loss of access to purchased games, saved progress, profiles, settings, User Content, and other account-associated features, except where continued access or a refund is required by applicable law or expressly provided in these Terms of Service, any applicable refund policy, the EULA, or applicable Supplemental Terms.

11.4 Service Discontinuation.

The Company may modify, suspend, or discontinue all or part of the Services, any game, any feature, or any item of game-related content at any time where the Company determines that doing so is appropriate for business, operational, technical, legal, security, safety, licensing, or other reasons. If the Company elects to discontinue the Services as a whole, it will use reasonable efforts to provide advance notice through the Services, by email, or by other reasonable means. Any refunds, credits, replacement access, or other remedies in connection with a discontinuation will be handled in accordance with applicable law, any applicable Refund Policy, the EULA, Supplemental Terms, platform rules, and any notice provided by the Company in connection with the discontinuation.

11.5 Your Right to Report Content or Conduct.

If a User reports a game, User Content, communication, profile, or conduct through a reporting tool, “Report” button, or other reporting channel made available through the Services, the Company may review the reported content or conduct to assess whether it violates these Terms of Service, game rules, child-safety policies, Supplemental Terms, or other policies applicable to the Services. The Company may take enforcement action in its discretion, including removing content, restricting access, disabling features, blocking or muting users, temporarily suspending a User Account, permanently terminating a User Account, notifying a parent or guardian, notifying a platform or service provider, preserving information, or reporting conduct to law enforcement or other authorities where appropriate or required by law. The Company does not guarantee that any report will result in action and may prioritize, decline, or delay action on reports in its discretion. Where required by applicable law, we will provide notice of material enforcement actions and information about available appeal or complaint mechanisms.

12. Third Party Services and Platforms.

The Services may contain links to websites or services operated by third parties, may be distributed through third-party app stores or platforms, and may integrate third-party services such as payment processing, analytics, cloud hosting, platform authentication, parental-control tools, customer support tools, ratings services, or age-assurance tools (“Third Party Services”). We do not own or operate all Third Party Services and are not responsible for the acts, omissions, terms, policies, content, or practices of Third Party Services. Your use of Third Party Services may be subject to additional terms, conditions, and privacy policies. These Terms of Service DO NOT APPLY TO THIRD PARTY SERVICES. BEFORE USING THIRD PARTY SERVICES PROVIDED ON OR THROUGH THE SERVICES, YOU SHOULD REVIEW THE THIRD PARTY SERVICE’S TERMS AND CONDITIONS AND PRIVACY POLICY.

13. Promotions.

The Company may, from time to time, offer promotions, discounts, giveaways, trials, promotional game access, coupons, bundles, or other promotional events in connection with the Services (collectively, “Promotions”). Participation in any Promotion is voluntary and may be subject to additional official rules, eligibility requirements, entry procedures, purchase terms, prize descriptions, parental consent requirements, and other terms established by the Company (“Promotion Rules”). In the event of any conflict between these Terms of Service and the applicable Promotion Rules, the Promotion Rules shall govern with respect to the applicable Promotion. Promotions may be limited by age, region, platform, account status, device, parental consent, or applicable law and may be void where prohibited.

14. Legal Disputes and Arbitration Agreement

Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court

14.1 Initial Dispute Resolution Period.

We are available at legal@indie-gems.com to address any concerns you may have regarding the Services. In an effort to resolve disputes efficiently, you and we agree to first attempt to negotiate any Dispute informally for at least sixty (60) days before either party initiates arbitration or a court proceeding (the “Initial Dispute Resolution Period”). The Initial Dispute Resolution Period begins upon receipt of written notice from the party raising the Dispute. If we have a Dispute with you, we will send notice to the email address associated with your User Account or by another reasonable means. If you have a Dispute with us, you agree to send written notice to us at legal@indie-gems.com, or by mail to Indie Gems, LLC, Attn: Indie Gems, 3925 Brookside Pkwy, Suite 400, Alpharetta, GA 30022. A notice of Dispute will not be valid, will not start the Initial Dispute Resolution Period, and will not permit either party to later initiate a lawsuit or arbitration unless it contains: (A) a subject line reading “Notice of Dispute”; (B) a description of the nature of the claim or dispute and the underlying facts; (C) the date on which the Dispute arose; (D) the specific relief sought; and (E) the name, email address, and physical mailing address of the party seeking relief. The Initial Dispute Resolution Period must include a conference between you and us to attempt to resolve the Dispute in good faith. You must personally participate in the conference by telephone or videoconference; if you are represented by counsel, your counsel may also participate. The conference must be individualized unless all parties agree otherwise. Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating arbitration or litigation. The statute of limitations and any filing fee deadlines will be tolled while the parties participate in this informal dispute resolution process. If either party violates this Section, a court of competent jurisdiction may enjoin the prosecution of the arbitration or court proceeding, and, unless prohibited by law, the arbitration provider will not accept or administer the arbitration or assess fees in connection with it.

14.2 Scope.

The parties acknowledge that these Terms of Service evidence a transaction involving interstate commerce. Any arbitration conducted pursuant to the terms of these Terms of Service shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). You and we agree that any dispute, claim or controversy between you and the Company asserted after the effective date of these Terms of Service, including but not limited to all disputes arising out of these Terms of Service or your use of the Service (each, a “Dispute”) shall be finally settled by binding arbitration except as expressly excluded below in the Section titled “Exceptions to Binding Arbitration.”

14.3 Binding Arbitration.

If you and we do not reach an agreement to resolve the Dispute following the Initial Dispute Resolution Period (and including the conference of the parties provided in the preceding paragraph), you or we may commence an arbitration proceeding. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) and in accordance with the Expedited Procedures in those Rules, which are available at www.jamsadr.com, unless it is a Mass Arbitration before NAM, as defined below. If, for any reason, JAMS is unable to provide the arbitration, then except as otherwise stated below, you or we may file a Dispute with any national arbitration company that handles arbitrations following procedures that are substantially similar to the JAMS Expedited Procedures in the JAMS Comprehensive Arbitration Rules.

(a) Process. In order to initiate arbitration following the conclusion of the Initial Dispute Resolution Period, a party must provide the other party with a written demand for arbitration and file the demand with the applicable arbitration provider. A party initiating an arbitration against the Company must send the written demand for arbitration to legal@indie-gems.com, ATTN: legal@indie-gems.com. By signing the demand for arbitration, the party and its counsel certifies to the best of the party’s and counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (1) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the party has complied with the Initial Dispute Resolution Period, including participation in an in-person conference, as described above. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party’s violation of this requirement.

(b) Location & Hearing. If you are a resident of the United States, then the arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If you are not a resident of the United States, then the arbitration hearing will be held in Fulton County, State of Georgia, United States, or another mutually agreed location. Where no disclosed claims or counterclaims exceed $25,000, the dispute shall be resolved by the submission of documents only, subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or the Company may attend remotely, unless the arbitrator requires otherwise. The language of the arbitration will be English.

(c) Arbitrator’s Decision. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and us, and any award of the arbitrator may be entered in any court of competent jurisdiction. The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. The arbitrator has authority to decide all issues of validity, enforceability, or arbitrability. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.

(d) Fees. Your and our right to recover attorneys’ fees, costs and arbitration fees shall be governed by the laws that apply to the parties’ Dispute, as well as any applicable arbitration rules. Either party may make a request that the arbitrator award attorneys’ fees and costs upon showing that the other party has asserted a claim, cross-claim, defense, or procedural tactic that is groundless in fact or law, brought in bad faith, for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the JAMS Rules.

(e) Mass Arbitration Before NAM. Notwithstanding the parties’ decision to have arbitrations administered by JAMS (and subject to the exceptions otherwise set forth in the “Exceptions to Binding Arbitration” Section), if 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that this will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that it shall not be governed by JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by NAM, a nationally recognized arbitration provider, and governed by the NAM Rules in effect when the Mass Arbitration is filed, excluding any rules that permit arbitration on a class-wide basis (the “NAM Rules”), and under the rules set forth in these Terms. The NAM Rules are available at https://namadr.com/resources/rules-fees-forms/or by calling 1-800-358-2550. You and we agree that the Mass Arbitration shall be resolved using NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures, available at https://www.namadr.com/. Before any Mass Arbitration is filed with NAM, you and we agree to contact NAM jointly to advise that the parties intend to use NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures. The individual demands comprising the Mass Arbitration shall be submitted on NAM’s claim form(s) and as directed by NAM. You and we agree that if either party fails or refuses to commence the Mass Arbitration before NAM, you or we may seek an order from NAM compelling compliance and directing administration of the Mass Arbitration before NAM. Pending resolution of any such requests, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. If for any reason the provisions in this Mass Arbitration Before NAM paragraph are found to be unenforceable, or if for any reason NAM declines to administer the Mass Arbitration, then the Disputes comprising the Mass Arbitration shall be administered by JAMS consistent with the provisions of the Dispute Resolution Section of these Terms of Service.

(f) Appointment of Procedural Arbitrator in Mass Arbitration. You and we agree to cooperate in good faith to implement the Mass Arbitration process to minimize the time, filing fees, and costs of the Mass Arbitration. Those steps include, but are not limited to (1) the appointment of a Procedural Arbitrator to efficiently and cost-effectively manage the Mass Arbitration and to rule on proposals by the parties for the efficient and cost-effective management of the Mass Arbitration to the extent the parties cannot agree; and (2) the adoption of an expedited calendar for the arbitration proceedings.

14.4 Exceptions to Binding Arbitration.

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may invoke the following exceptions to arbitration:

(a) Provisional Remedies. Either party may seek provisional remedies in aid of arbitration and to enforce the Initial Dispute Resolution Period from a court of appropriate jurisdiction, subject to the forum selection provisions below.

(b) Intellectual Property and Trade Secret Disputes. Either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation, subject to the forum selection provisions below.

(c) Small Claims Court. Either party may seek relief in a small claims court for any individual disputes or claims within the scope of that court's jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider may close the case, in which instance no filing fees shall be due or payable by either party. Any disagreement about whether a Dispute is subject to small claims court shall be decided by small claims court or a court of competent jurisdiction, not the arbitrator.

14.5 Class and Collective Action Waiver. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION OR CLASS ARBITRATION.

14.6 Statute of Limitations.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

14.7 Forum.

For any Dispute not subject to binding arbitration, to the fullest extent allowed by law, you and we agree to submit to the exclusive jurisdiction of any state or federal court located in Fulton County, State of Georgia (except for small claims court actions which may be brought in the county where you reside), and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

14.8 Severability.

If any provision in this Dispute Resolution and Arbitration Section of these Terms of Service is found to be unenforceable, that provision shall be severed with the remainder of this Section of these Terms of Service remaining in full force and effect. The foregoing shall not apply to the prohibition against class or collective actions as provided for above. This means that if the prohibition against class or collective actions is found to be unenforceable with respect to a particular claim or request for relief and any appeals have been exhausted (or if the decision is otherwise final), then such claim or request for relief shall proceed in a court of competent jurisdiction, but it shall be stayed pending arbitration of all other claims and requests for relief.

14.9 30 Day Right to Opt Out.

You have the right to opt out of the arbitration and class action waiver provisions above by sending written notice of your decision to opt out to us at legal@indie-gems.com, or by mail to Indie Gems, LLC, Attn: Indie Gems, 3925 Brookside Pkwy, Suite 400, Alpharetta, GA 30022. The notice must be sent within thirty (30) days after your first use of the Services. If you do not timely opt out, you will be bound to arbitrate disputes in accordance with this Section. If you opt out of these arbitration provisions, we also will not be bound by them.

15. Warranty Disclaimer; Limitation on Liability

15.1 Disclaimer of Warranties

(A)      TO THE EXTENT not prohibited BY APPLICABLE LAW, THE SERVICES, GAMES, GAME CONTENT, COMPANY CONTENT, USER CONTENT, THIRD PARTY CONTENT, AND ANY OTHER CONTENT, MATERIAL, OR DIGITAL PRODUCTS PROVIDED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SERVICES, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY CONTENT, MATERIAL, GAME, OR DIGITAL PRODUCT AVAILABLE ON OR LINKED TO BY THE SERVICES, INCLUDING CONTENT HOSTED ON THIRD PARTY SERVICES, OR THAT WE BELIEVE THE COMPANY CONTENT, USER CONTENT, THIRD PARTY CONTENT, GAMES, OR ANY OTHER CONTENT, MATERIAL, OR DIGITAL PRODUCTS TO BE ACCURATE, USEFUL, AGE-APPROPRIATE FOR EVERY USER, ERROR-FREE, OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES OR ANY GAME. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. YOU AGREE THAT YOUR USE OF THE SERVICES AND ANY GAME WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR AFFILIATES, ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.

(B)      TO THE EXTENT not prohibited by APPLICABLE LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, COMPATIBILITY, AVAILABILITY, SECURITY, OR AGE-APPROPRIATENESS OF THE SERVICES, GAMES, COMPANY CONTENT, USER CONTENT, THIRD PARTY CONTENT, OR ANY OTHER CONTENT, MATERIAL, OR DIGITAL PRODUCTS ON THE SERVICES OR LINKED TO BY THE SERVICES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, MATERIAL, GAMES, OR DIGITAL PRODUCTS, (2) PERSONAL INJURY, PROPERTY DAMAGE, DEVICE DAMAGE, DATA LOSS, OR OTHER HARM RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY GAMES, (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY PERSONAL INFORMATION STORED ON OUR SERVICES, (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, OR (6) ERRORS OR OMISSIONS IN ANY CONTENT, MATERIAL, GAME, OR DIGITAL PRODUCT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, MATERIAL, GAME, OR DIGITAL PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES.

15.2 Limited Liability.

(A)      TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, GAMES, COMPANY CONTENT, USER CONTENT, THIRD PARTY CONTENT, OR ANY OTHER CONTENT, MATERIAL, OR DIGITAL PRODUCTS ON THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF SERVICE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE SERVICES, OR ANY GAME, WHETHER IN CONTRACT, TORT, FOR BREACH OF STATUTORY DUTY, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO THE COMPANY FOR THE GAME PURCHASE GIVING RISE TO THE CLAIM.

(B)      TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, AND EXCEPT TO THE EXTENT CAUSED BY THE COMPANY’S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR CLAIM ARISING OUT OF OR RELATING TO: (1) INTERRUPTIONS, SUSPENSIONS, DELAYS, ERRORS, MAINTENANCE, UPDATES, OR UNAVAILABILITY OF THE SERVICES OR ANY GAME; (2) YOUR DEVICE, SOFTWARE, OPERATING SYSTEM, INTERNET CONNECTION, TELECOMMUNICATIONS PROVIDER, ACCOUNT CREDENTIALS, SECURITY SETTINGS, OR FAILURE TO MAINTAIN ACCURATE ACCOUNT INFORMATION; (3) USER CONTENT, THIRD-PARTY CONTENT, USER COMMUNICATIONS, OR DISPUTES BETWEEN USERS OR BETWEEN A USER AND ANY THIRD PARTY; (4) UNAUTHORIZED ACCESS, SECURITY INCIDENTS, VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS INTRODUCED BY THIRD PARTIES; (5) DELETION, LOSS, CORRUPTION, OR FAILURE TO STORE USER CONTENT, SAVED PROGRESS, ACCOUNT DATA, OR OTHER INFORMATION, EXCEPT WHERE CAUSED BY THE COMPANY’S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE; OR (6) ANY INABILITY TO ACHIEVE A PARTICULAR RESULT, BENEFIT, GAMEPLAY OUTCOME, COMPATIBILITY, AVAILABILITY, OR USER EXPERIENCE THROUGH THE SERVICES OR ANY GAME. NOTHING IN THIS SECTION LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW OR LIMITS ANY NON-WAIVABLE CONSUMER PROTECTION RIGHTS.

16. Indemnity.

You agree that you will be responsible for your use of the Services and any game, and you further agree to defend and indemnify the Company from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (A) your access to, use of, or alleged use of the Services or any game; (B) your violation of any part of these Terms of Service, the EULA, any applicable Supplemental Terms, or any representation, warranty, or agreement referenced in these Terms of Service, the EULA, applicable Supplemental Terms, or any applicable law or regulation; (C) your actual or alleged violation of any third-party right, including any intellectual property right, publicity or privacy right, property right, or confidentiality obligation; (D) any User Content submitted through your User Account; (E) any Game Purchase, payment dispute, chargeback, or unauthorized purchase made through your User Account, device, profile, or payment method; or (F) any dispute or issue between you and any third party. The Company reserves the right, at Company’s own cost, to take on the exclusive defense and control of any matter subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with the Company’s defense of that claim. You will not be required to indemnify and hold us or any other indemnified party harmless from and against any applicable claims or demands to the extent resulting from the Company’s own negligent conduct.

17. DMCA Policy

(A) DMCA Notifications. If you believe any content available on or through the Services infringes one or more of your copyrights, please send a notification (a “DMCA Notification”) including all of the information described below to our DMCA Agent by mail or email using the contact information provided below. We will in our discretion remove or disable access to the content complained of, and in appropriate circumstances, terminate the access rights of repeat infringers. In addition, we will send a copy of the DMCA Notification to the affected user, who may submit a counter notification as described in Section 17(C) below (a “DMCA Counter Notification”) that could result in our restoring content removed in response to a DMCA Notification. You may send a DMCA Notification to our DMCA Agent at:

Attn: Indie Gems

Address: 3925 Brookside Pkwy, Suite 400, Alpharetta, GA 30022

Email: legal@indie-gems.com

(B) DMCA Notification Requirements. All DMCA Notifications must include the following:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the works.

(c) 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 (such as a URL for the webpage for where the material is posted).

(d) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address.

(e) A statement that you have 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.

(f) A statement that the information set forth in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please be advised that under Section 512(f) of the Digital Millennium Copyright Act you may be held liable for damages and attorneys’ fees if you make material misrepresentations in a DMCA Notification.

(C) DMCA Counter Notifications from Users. If you receive a DMCA Notification because your content is claimed to infringe a copyright, but you believe in good faith that your content is not infringing or that you have authorization to use the material, you may respond to the DMCA Notification by sending a DMCA Counter Notification to our DMCA Agent (whose contact information is provided above) that includes:

(g) Your physical or electronic signature.

(h) Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled (such as a URL for the webpage for where the material is posted).

(i) A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

(j) Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a United States District Court for the judicial district in which your physical address is located and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

If you submit a DMCA Counter Notification, a copy of the DMCA Counter Notification, including your name and contact information, will be sent to the copyright owner or person who provided the DMCA notification.

Please note that sending a DMCA Counter Notification may not result in your content being restored to the Services if the copyright owner chooses to file suit against you within ten (10) business days of receiving the applicable DMCA Counter Notification.

18. Notice to California Users.

Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: if you have a question or complaint regarding the Services, please contact the Company at legal@indie-gems.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1 (916) 445-1254 or +1 (800) 952-5210.

19. Force Majeure.

The Company shall not be liable for any delay, failure, or interruption in the performance of its obligations or the provision of the Services to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics, pandemics, war, terrorism, civil unrest, labor disputes, power or telecommunications outages, failures of thirdparty service providers, governmental actions, or any other event that is unforeseeable or unavoidable (“Force Majeure Event”). During a Force Majeure Event, the Company may suspend, modify, or discontinue all or part of the Services without liability. The Company will use commercially reasonable efforts to resume normal operations once the Force Majeure Event has ceased.

20. Electronic Communications.

You consent to receive all communications, agreements, notices, disclosures, and other information related to the Services in electronic form, including by email, in‑Service messages, or postings within the Services. You agree that all electronic communications have the same legal effect as if they were provided in writing and satisfy any requirement that such communications be in writing. You are responsible for maintaining accurate contact information and for regularly reviewing the Services and your email for communications from the Company. The Company may, in its discretion, also provide notices by mail or other means when required by law or when it deems appropriate.

21. Independent Contractors.

Nothing in these Terms of Service shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.

22. Non-Waiver.

Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of the applicable right or provision.

23. Severability.

Subject to Section 14.8, these Terms of Service operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Service is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

24. Assignment.

You may not assign, transfer, delegate, or sublicense these Terms of Service or any rights or obligations under them without the Company’s prior written consent. The Company may assign, transfer, or delegate these Terms of Service, in whole or in part, without your consent, including in connection with a merger, acquisition, reorganization, sale of assets, financing, corporate transaction, or by operation of law.

25. No Modifications by Our Employees.

No employee, representative, contractor, or agent of the Company is authorized to modify these Terms of Service, the EULA, any applicable Supplemental Terms, or any Company policy unless the modification is in a written agreement signed by an authorized representative of the Company. You may not rely on any statement or communication that is inconsistent with these Terms of Service unless it is set forth in such a signed written agreement.

26. Contact Information.

If you have any questions about these Terms of Service or the Services, please contact us at legal@indie-gems.com.