(a) Age Requirement.

To agree to and accept this TOS, you must be at least eighteen (18) years of age. If you are below the age of eighteen (18), then you are not eligible to access or use any part of the Service.

(b) Legal Capacity.

By accepting this TOS, you affirm that you are at least eighteen (18) years of age, possess the mental capacity, and the legal authority and power, to enter into a legally binding agreement with the Company.

(c) Compliance with Laws.

You also represent and warrant that you are not prohibited from accepting and agreeing to abide by the provisions of this TOS by any applicable law, administrative rule, regulation, or any court order that applies to you. If at any time it is determined that your acceptance of this TOS violates any applicable law, administrative rule or regulation, or any court order, then your agreement to this TOS will be deemed null and void, and you shall no longer be eligible to access and use the Service. You acknowledge and agree that your access to and use of the Service shall comply with, and shall not violate, any applicable law, statute, ordinance, treaty, directive, rule, or regulation applicable to the Service, or any of the Company’s related activities (collectively,“Applicable Law” ), nor violate any of the provisions of this TOS, the Privacy Policy, and/or any of the other agreements, policies, guidelines, or other documents that are applicable to the Service (collectively, the “Other Policies” ). If at any time it is determined that your access to and use of any components of the Service violates any Applicable Law, or any of the provisions of this TOS, the Privacy Policy, or any of the Other Policies, then your agreement to this TOS will be deemed null and void, and any and all of the licensed rights that the Company grants to you regarding the Service shall immediately terminate, and, in such event, you shall no longer be eligible or otherwise entitled to access or use the Service.

(d) Acknowledgement.

By electing to access or use any components of the Service, you are indicating and confirming that you understand all of the eligibility requirements referenced in this Section 1, and your acceptance of all of the terms and conditions of this TOS, the Privacy Policy, and the Other Policies. Any misrepresentation of or concerning your eligibility, or any breach or default of any of your representations, warranties, covenants, or obligations regarding this TOS, the Privacy Policy or any of the Other Policies, may result in the Company, at its sole discretion, electing to terminate your Account (as defined in Section 4, below) and may also subject you to legal consequences as a result of any such breach or default.

(e) Personal Information.

Any and all Personal Information of or concerning you and your activities when accessing and using the Service that is collected by the Company is and shall be governed by the Company’s Privacy Policy. If you have a question regarding the Privacy Policy or the Company’s activities regarding the collection, storage, processing, use, and disclosure of your Personal Information, please write to the Company at remag.gg/help/privacy.

For the purposes of this TOS, the categories of individuals that are authorized to access and use the Service, include the following:

• Community Support – They offer an avenue for players to share their experiences, discuss strategies, and celebrate achievements. These communities also serve as an avenue for Developers and Players to engage directly, allowing for valuable feedback and collaboration.
• Developers – individuals who access and use the Service by means of any compatible platform and who, at the sole discretion or any such individual, may develop or otherwise produce (individually or in collaboration with others) any new feature, functionality, or related content, that, as designed and developed by such individual, is intended to be used in conjunction with the Service. Please note that Developers must enter into a separate agreement with the Company and comply with all applicable development programs and policies.
• Payment Gateways – companies requiring access to bank account and credit card information to process in-app purchases.
• Players – individuals who obtain access to the Service by means of any compatible gaming platform (e.g., Valve’s Steam platform, Apple App Store, Google Play Store, etc.) for their personal entertainment.
• Publishers – are companies that publish video games that have been developed either internally by the publisher (studio) or externally by a video game developer.

The preceding categories and descriptions are for illustrative purposes only. The Company reserves the right to adopt new categories, programs, and policies for authorized users of the Service at its sole discretion.

Any authorized user associated with either of the above-referenced categories may freely choose to undertake activities that are associated with the other category. In the event that you choose to undertake or perform any additional activities in connection with the Service, then, in addition to the terms and conditions set forth in this TOS, such activities shall also be subject to and governed by the specific terms and conditions that are applicable to such additional activities. For example, any authorized development activities are and shall be subject to the Company’s separate development program and related policies regarding such matters, including, but not limited to, the requirement that any interested individuals, such as you, must enter into a separate development agreement with the Company, and must comply with any other applicable programs and policies that may be adopted by the Company, at its sole discretion, at any time, or from time to time, regarding any such activities.

In accordance with the terms and subject to the conditions of this TOS, you may be allowed to use and engage with the Service, as well as the associated content solely for your personal, non-commercial use. The Company hereby grants to you, in accordance with the terms and subject to the conditions expressly set forth in this TOS, a personal, non-exclusive, revocable, non-assignable, non-transferable, limited license (without any sublicense rights) to access and use the Service for non-commercial purposes in the manner and in the same form, format, media, and condition in which the Service are made available by the Company. For the avoidance of doubt, such license is only valid for individuals who have either paid for access to the Service or have expressly been given permission to use the Service by the Company or its associated distributors. Additionally, those individuals must comply with any associated end-user license agreement and any other related obligations, if applicable. Unless otherwise separately authorized by the Company in writing, (i) copying, reproducing, preparing any derivative work, modifying, displaying or performing (publicly or otherwise), creating similar content based on or otherwise derived from the Service, sharing, distributing, disclosing, or otherwise using the Service (or any part or derivative of any of the foregoing) is not permitted; and (ii) any commercial use of the Service (or any part or derivative of any of the foregoing) is also prohibited. You have not been granted, nor have you otherwise obtained, title to or any ownership interest in or with respect to the Service, and/or any related content. Any and all rights and interests not expressly granted to you pursuant to this TOS are hereby reserved and retained by the Company. Any use of the Service that is not expressly authorized by this TOS shall constitute a material breach of this TOS. Any unauthorized use of the Service by you or anyone else who uses the Account that was created by you (or by your parent or your legal guardian, if applicable) may result in the immediate termination of such Account, and may result in additional legal action, and related claims for damages, against you and, if applicable, the owner of the Account that was used in connection with your access to or use of the Service. Furthermore, such unpermitted use may constitute an infringement under applicable copyright, trademark, and other relevant laws. The Company reserves the right to pursue any and all remedies that are available to it (whether at law or in equity) in response to any unauthorized use of the Service.

In addition to the above-referenced prohibitions, limitations and restrictions, you covenant and agree that you will not, directly or indirectly:

• (a) Copy, reproduce, prepare any derivative works, or distribute the Service (or any part or derivative of the Service) in any form, format or medium, or by means of any technology (whether now known or that hereafter comes into existence) without the Company’s prior written consent.
• (b) Alter or otherwise modify any part of the Service other than as authorized by the Company and in such manner as may be reasonably necessary in order to use the Service (or any part or derivative of the Service) for its intended purpose.
• (c) Act in any manner that violates or is otherwise inconsistent with any Applicable Law.
• (d) Take any action that could foreseeably harm or that exploits, or that attempts to harm or exploit, any individual or group, nor shall you engage in any threats of physical harm or distribution of unsolicited messages (e.g. “spam” communications, etc.).
• (e) Impersonate any other person or entity, or any employee or other representative of the Company or any of its affiliates.
• (f) Submit, post, link, publish, or otherwise distribute, any content that is abusive, defamatory, libelous, slanderous, patently offensive, or that otherwise violates any Applicable Law.
• (g) Infringe upon, misappropriate, or otherwise violate any intellectual property right, privacy right, or any other proprietary right of any other person or entity.
• (h) Remove or alter any proprietary rights notice.
• (i) Take any action that (i) disrupts, encumbers, impairs, interferes, or overburdens the integrity, reliability, security, or functionality of the Service, or (ii) bypasses or otherwise defeats any security measure implemented by the Company in connection with the Service, or (iii) adversely affects any of the Company's associated servers, networks, or any related hardware or software systems.
• (j) Access, or attempt to access, (i) any area within the Service that the Company does not make generally accessible to authorized users of the Service, (ii) any other authorized user’s account, or (iii) the Company's servers, networks, or any related hardware or software systems.
• (k) Engage in any action that interferes with another person’s use or enjoyment of the Service, or any action that might harm the Company or its good name, reputation, or goodwill associated with the Service.
• (l) Engage in any form of cheating, including, but not limited to, utilizing third-party software or other means, methods, processes or technologies to gain an unfair advantage when you access and use any part of the Service.
• (m) Use any automated means, method, process or technology (including, but not limited to, “robots”, “spiders”, “offline readers”, “scrapers”, etc.) to access and use any part of the Service, for any purpose.
• (n) Modify, reverse engineer, disassemble, or otherwise attempt to discover the source code of the Service, or any part thereof.
• (o) Introduce or distribute any viruses, malware, trojans, worms, or other harmful software into the Service.
• (p) Engage in any denial-of-service attack or any other action that could interrupt the availability of the Service.
• (q) Copy, “frame”, “hotlink”, “deep link”, or otherwise reproduce any content of or concerning the Service, or any of the products, services, and/or content that are made available by the Company, or that are otherwise accessible, by means of the Service.
• (r) Copy or otherwise collect any personal information of or concerning any other authorized user of the Service.
• (s) Use any of the communications features, functionalities, processes, systems, or technologies that are provided or otherwise made available by the Company for use in connection with the Service (e.g., chats, email, forums, message boards, posts, etc.) for any purpose or for any use except in the manner as designed and intended by the Company for use only in conjunction with the Service and only in accordance with the terms and subject to the conditions of this TOS, the Company’s Privacy Policy, and any of the Other Policies that may be adopted by the Company, at its sole discretion, at any time and from time to time.
• (t) Encourage, enable, instruct, recruit, solicit, any other person or entity to engage in any of the aforementioned prohibited acts, speech and/or conduct.

In the event you violate any of the above-referenced prohibitions, restrictions or limitations regarding the limited license rights that the Company has expressly granted to you with respect to the Service, such breach or default may result in immediate suspension or termination of your Account and your right to continue to access and use the Service, and you may also be subject to legal action regarding your acts or failures to act. The Company reserves the right to investigate and take appropriate legal action against you and anyone else who violates the terms and conditions expressly set forth in this TOS, including, without limitation, removing any illegal or patently offensive content from the Service and terminating any account that was used in connection with any breach or default of any of the material provisions of this TOS.

During the registration process and any subsequent access or use of the Service, you need to supply up-to-date and correct information as may be requested to create password-protected account ( “Account” ). You are obliged, and it's your personal responsibility, to keep your Account information confidential and secure. If you become aware of any security concerns, such as any unauthorized access to your Account, you should notify the Company as soon as you have personal knowledge of any such matter. For added safety, please always log out of your Account when you are done with a session. All information that you provide during the registration process will be handled in accordance with the Company’s Privacy Policy.

You do not need to register with the Company in order to visit any public-facing webpages that are owned or controlled by the Company or to simply view the Platform. However, to browse all features of the Platform and/or to access and use certain features of the Service, you will need to create an Account. In the event that you elect to create an Account, you must submit your legal name, email address, and such other information as may be requested as part of the Account registration webpage. You may also have the opportunity to provide additional information that is not required to register an Account, but that could be helpful for the Company to receive in order to provide you with a more customized experience when you choose to access and use the Service. You may also register an Account using a separate account that you have established with a third-party social media platform (e.g., Facebook, Google, etc.), provided that such other social media account and related log-in information have been integrated by the Company with the Service.

You hereby expressly acknowledge and agree that, as between you and the Company, you are and will be responsible and potentially liable for any unauthorized use of your Account, including, but not limited to, any claims, losses, liabilities, damages, costs and expenses that are caused by or otherwise arise as a result of any and all access or use of your Account, whether by you or by any other person who uses your Account, and whether with your permission or without any authorization from you (e.g., any losses or liabilities incurred by the Company or by any third party due to any authorized or unauthorized use of your Account).

Upon completion of registration of your Account, you will have access to a webpage that will allow you to provide information regarding you, as the registered user of such Account (collectively, “Profile Information” ), which may include, at your sole discretion, personal information and/or personal data of or concerning you. The Profile Information that you choose to submit (e.g., a, digital avatar, etc.) will be visible to others who access and use the Service, as will your postings, chats, and other online activities when using the Service, the Service, and/or any particular features, functionalities, or content that may be provided or otherwise made accessible by the Company at any time, or from time to time, during the term of this TOS. Please do not share any Profile Information, postings, chats or other content that you do not want to make public. You are solely responsible for the Profile Information and other content you submit. The Company cannot control how others may use Profile Information and content made publicly available.

As noted in the Company’s Privacy Policy, you are entitled to update or delete, or request the Company to remove or deactivate, any or all of the Profile Information that you submit in connection with your Account; provided that such deletion or deactivation shall be limited to such information as is available on the publicly accessible portions of the Service only. The exception to the scope of the Personal Information deletion request is the traces of records existing from backup copies for business continuity, and event logs. Once a record past its retention, it will be automatically deleted per the Company’s data destruction policy You acknowledge and agree that the Company has no obligation and shall have no liability to you or any third party with respect to any prior copies or reproductions of any of Profile Information that you elected to submit and make accessible in connection with the Service, and that may have been copied, reproduced, displayed and performed (publicly and otherwise), stored, and/or distributed by others who access and use the Service, or any of the products, services, or content that are made available by the Company, or that are otherwise accessible, by means of the Service.

In the event that you would like to request the Company’s assistance in removing or deactivating any or all of your Profile Information, please write to the Company at privacy@remag.gg. Please be advised that the re-activation of any Profile Information that you choose to delete or deactivate may require verification of your Account, confirmation of identity, and, if applicable, confirmation of a parent’s or legal guardian’s express consent and authorization prior to or at the time of re-activation and shall be subject to any other requirements adopted by the Company, at its sole discretion, regarding any such requested reactivation. You acknowledge and irrevocably agree that you shall not be allowed to delete or otherwise modify any transaction details, including, but not limited to, any invoice, bank details, financial information, or any other information required for compliance under any Applicable Laws or for reconciliation of any such transactional activities (whether by the Company, or by any third-party banks, payment gateways, financial institutions, or other service providers). You hereby expressly consent and irrevocably waive any obligation, requirement or right, whether under contract, or otherwise at law or in equity, which may otherwise be interpreted to compel or otherwise oblige the Company to remove, delete, or otherwise deactivate any such information or related data.

You acknowledge and expressly agree that you shall abide by and comply with the following policies regarding your Account (collectively, the “Account Policies” ):

(a) You shall not in any manner (whether manually or by any automated process) collect any information, personal or otherwise, of or concerning any other individual who elects to access and use the Service, including, but not limited to, names, addresses, phone numbers, or email addresses, or copy or otherwise reproduce any copyrighted text or content, or otherwise misuse or misappropriate any part of the Service, or any of the Platform’s content, computer code, information, or data, including, but not limited to, any use on a “mirrored”, competitive, or third-party website, except with the prior written consent of the Company (which consent may be granted or withheld by the Company, at its sole discretion) or as a result of lawful communications with any such other individual(s) by means of any communication channel provided by the Company in connection with the Service.

(b) You shall not in any way transmit any more messages or communications to the Company, or to any server that is owned or controlled by the Company or any of its affiliates, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, the operators of public search engines may use technology (e.g., spiders, robots, etc.) to copy materials of or concerning the Service for the sole purpose of creating publicly available searchable indices of such materials (but not caches or archives of any such materials), subject to the Company’s Privacy Policy and the data privacy and confidentiality rights of you and the other individuals who elect to access and use the Service, and provided, further, that the Company hereby expressly reserves the right, at its sole discretion, to revoke the preceding exception, either generally or in specific cases.

(c) You shall not take any action, directly or indirectly, that (i) unreasonably encumbers or otherwise adversely affects, or that the Company believes, in its sole discretion, may unreasonably encumber or otherwise adversely affect, the Service’s intended infrastructure, integrity, security, or reliability; (ii) interferes or attempts to interfere with the proper operation and performance of the Service, or any third-party, access, participation, use or enjoyment of the Service; or (iii) bypasses or otherwise defeats any of security measures implemented by the Company that are intended to be used to prevent or restrict access to any part of the Service.

(d) You shall not “frame”, “hotlink”, “deep link”, or otherwise copy any content of or concerning the Service, or any of the products, services, and/or content that are made available by the Company, or that are otherwise accessible, by means of the Service.

(e) You covenant and irrevocably agree that you shall not, directly or indirectly, (a) copy or otherwise collect any personally identifiable information or personal data, including, without limitation, any other users’ names or other information of or concerning any third-party account, that relates to the Service, and (b) use any of the communication systems provided by the Company for use in connection with the Service, (e.g., chats, email, forums, posts, etc.) for any purpose or for any use except as intended by the Company for use only with the Service and only in accordance with the terms and conditions of this TOS, the Company’s Privacy Policy, the Other Policies, and any other related documents referenced herein.

You may be required to pay a fee or other charges for some aspects of the Service, or regarding any of the other products, services, or content that are made available by the Company, or that are otherwise accessible, by means of the Service, and you agree that the payment information provided by you to the Company, or to any third-party payment service provider that the Company uses for such purpose, is accurate, current, and complete. You acknowledge and irrevocably agree that all fees paid to the Company are final and that refunds are not permitted (except as may be mandated by any Applicable Laws or as expressly provided in this TOS). The Company reserves the right, at its sole discretion, to amend or otherwise modify the fees or other charges that are applicable to the Service at any time, and from time to time, and such changes shall be effective immediately upon the Company’s amendment of this TOS, or by providing such notice on the Company’s website or within the Service.

Anytime you buy any content, remember that the terms of use, and other policies, guidelines and agreements that have been adopted by the relevant download platform (e.g., Steam Store, Apple App Store, Google Play Store, etc.) will govern and control your activities regarding such transactions. For issues or queries, including refund matters, please consult the platform from which you downloaded the applicable content.

In allowing you to access and use the Service in the manner intended by the Company, the Company has and shall have the specific rights and remedies, and you (as an authorized user) have and shall have the corresponding obligations, summarized below. The list provided hereinafter is illustrative in nature and shall be read in conjunction with, and not as a limitation with respect to, any of the other rights of the Company that are referenced elsewhere in this TOS, the Privacy Policy, any of the Other Policies, or any of the other related documents referenced herein.

(a) Verify your credentials (or the credentials of your parent or legal guardian, if applicable), at the time of creation of an Account.

(b) Verify your credentials (or the credentials of your parent or legal guardian, if applicable) as may be required in order to continue to access and use the Service, or any of the other products, services, or content that are made available by the Company, or that are otherwise accessible, by means of the Service.

(c) Store the trail of log-ins/log-outs by you that occur in connection with the Service so that an audit trail can be maintained for the purposes of security and compliance with any Applicable Laws and this TOS.

(d) Allow or disallow the creation and registration of any account required in connection with accessing or using the Service, including your Account, and allow or disallow use of your Account for accessing or using the Service, at the Company’s sole discretion, with or without cause, and the Company may adopt and implement such terms and conditions, as deemed appropriate by the Company, at its sole discretion, for accessing and using the Service, or any of the other products, services, or content that are made available by the Company, or that are otherwise accessible, by means of the Service.

(e) Categorize, characterize, classify, or otherwise “sort”, any of the individuals, including you, that access and use the Service in such manner that the Company deems appropriate, in its sole discretion, in order to facilitate customizable advertising, marketing, or promotional activities regarding the Service, and the other products, services, and content that are made available by the Company, or that are otherwise accessible, by means of the Service.

(f) Provide, disclose, and distribute certain information of or concerning you, other individuals that access and use the Service to any third parties, including, but not limited to, other Players, Developers, and third-party service providers in order to perform their respective services in connection with the Service, and/or any of the other products, services, and content that are made available by the Company, or that are otherwise accessible, by means of the Service.

(g) Aggregate and anonymize any and all available information and related data of or concerning the Service, including, but not limited to, personal preferences, skills, gameplay attributes, trends, and other access and usage metrics, all of which may be used by the Company for any lawful purpose, including, for example, to create or customize any particular content materials in accordance with such aggregated information and related data.

(h) Verify your credentials at any time, or from time to time, to authenticate the use of your Account and prevent impersonation of you, or any unauthorized use of your Account, to access and use the Service. In the event of non-verification or invalidation of any IP address or any email-related credentials as referenced in this clause, the Company shall be entitled to take such corrective action as deemed appropriate by the Company, at its sole discretion, to allow or disallow continued access to and use of the Service, and/or any of the other products, services, or content made available by the Company, or that is otherwise accessible, by means of the Service.

(i) Investigate and endeavor to identify (and aggregate, if and to the extent required under any Applicable Laws) any and all individuals and entities that access and use the Service, and that have been reported in connection with any incidents alleging any form of personal injury or damages (e.g., abusive behavior, discrimination, disparagement, slander, libel, etc.) in order for the Company, at its sole discretion, to take corrective action, including, where required or otherwise deemed appropriate, blacklisting, off-boarding, suspending, or terminating continued access to and use of the Service, and cooperating with and assisting the police, or other governmental authorities that have jurisdiction over any such matter.

(j) Undertake such actions regarding the deletion, removal, and/or deactivation of any offensive, discriminatory, illegal, disparaging, defamatory, libelous, or infringing content (e.g., any chat, communications, postings, feedback, etc.) that are made available or that are otherwise accessible by means of the Service, as deemed appropriate by the Company, at its sole discretion.

(k) Exercise such additional or further rights as may be required or otherwise be deemed to be appropriate by the Company, at its sole discretion, to facilitate control regarding the use, misuse, or abuse of the Service, or in order to facilitate compliance (and avoid non-compliance) with any Applicable Laws and/or with all of the terms and conditions of this TOS, the Privacy Policy, any Other Policies, and any of the other related documents referenced herein.

(a) Communications.

The Company, in connection with the Service, provides you with communication channels (e.g., text chat, voice chat, etc.) that you can use, at your sole discretion, to communicate with other persons and entities that access and use the Service, and that also enable such third parties to send links to websites that are not owned or controlled by the Company or any of its affiliates. The Company shall have the sole discretion to provide for the manner and mode of communication between you and any other persons or entities that are authorized to access and use the Service. In connection with your use of any communication channels, whether within or in connection with the Service, or in connection with any event of sharing or other distribution of any of your communications or any related information, you specifically covenant and agree that you shall not upload, post, share, transmit, transfer, disseminate, distribute, or facilitate the distribution (each a “Posting” ) of any content (e.g., any text, image, video, sound, information, data, file, software, etc.) by means of the Service, including any Posting of your Profile Information, or any Posting of any service(s) you offer or of any service(s) you would like to receive, that:

i. misrepresents the source of any Posting that you create, including impersonation of another individual or entity (e.g., any false or inaccurate biographical information, etc.),

ii. provides or creates links to any third-party website that violates this TOS,

iii. is designed or intended to, or that could foreseeably and adversely, harm or exploit any individual, including any individual under the age of majority in any jurisdiction,

iv. is designed or intended to solicit, or collect personally identifiable information or personal data of any individual, including any individual under the age of majority in any jurisdiction, including, but not limited to, name, email address, home address, phone number, or other such personal identifiable information or personal data,

v. encourages conduct that would foreseeably result in a criminal offense, give rise to civil liability, or violate any law, including, but not limited to, any abetment, conspiracy, or collusion to commit a crime, including, but not limited to, any illegal monetary transaction (e.g., money laundering, corrupt practices, funding for terrorism, etc.),

vi. is pornographic, pedophilic, transphobic, blasphemous, harassing, hateful, illegal, obscene, defamatory, disparaging, libelous, slanderous, threatening, discriminatory, or racially, culturally or ethnically offensive; or that incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; or promotes racism, hatred or physical harm of any kind against any individual or group; or contains nudity, violence, or any other inappropriate subject matter; or is otherwise patently offensive,

vii. that incites or advocates any act of civil disobedience or the commission of any cognizable offense in any country or territory, or that prevents investigation of any such act or offense,

viii. violates any individual’s privacy or publicity rights by, for example, attempting to access, collect, store, post, share, publish, or otherwise distribute, any personally identifiable information or personal data, such as names, email addresses, phone numbers, passwords, account information, credit card information, home addresses, or other contact information, without the knowledge and willing consent of any affected individuals,

ix. contains falsehoods, inaccuracies, or misrepresentations that could damage the good name, reputation, goodwill, or existing or planned business of the Company or any third party,

x. is intended to offend, insult, intimidate, threaten, stalk, victimize, defame, defraud, denigrate, slander, or disparage any individual or any group of individuals on the basis of age, gender, disability, ethnicity, gender, race, religion, sexual orientation; or to incite or encourage any of the foregoing,

xi. is intended to take control of, harm, disrupt, or otherwise adversely affect another individual’s computing device or system, or that would allow unauthorized access to any computer hardware or software, or to bypass or otherwise avoid any security system (whether hardware or software) that are part of any website(s), computing device(s) or server(s), including, but not limited, to spamming, phishing, hacking, the use of a “trojan horse,” etc.,

xii. impersonates or attempts to impersonate, or otherwise uses the identity of, any employee, officer, director, agent, or other representatives of the Company, or any other person or representative of any entity, through any means, methods, processes, or technology (whether now know or that hereafter comes into existence),

xiii. advertises or solicits any third-party business not directly related to the Service, or that the Company, in its sole discretion, believes is not appropriate for the Service,

xiv. contains, or that could be considered to be, “junk mail”, “spam”, a “chain letter”, a “pyramid scheme”, a “Ponzi” scheme, “affiliate marketing”, or any unsolicited advertisements,

xv. contains advertising of or concerning credit counseling, an online survey, discount cards for any commercial transaction, or any online contest, sweepstakes or lottery activity that is that is not implemented by and under the control of the Company,

xvi. contains, enables, activates, or otherwise distributes virus or other malware, or any other technology that may harm the Service, or could harm the Company or any of its interests, assets or intellectual property rights, or could harm any of the interests or property of any of the individuals or entities that elect to access and use the Service, including, but not limited to, any attempt to decipher, decompile, disassemble, or reverse engineer any part of the Service,

xvii. contains any link(s) to any third-party website(s), product(s) or service(s), except as expressly authorized pursuant to the TOS; and/or

xviii. contains identical content that is identical to any other, then-accessible, open Posting that you have previously posted, or that is the result of any form of automated device or computer program that enables the submission of recurring Postings of essentially identical information, without the express written consent of the Company.

xix. subject to the terms and conditions of this TOS and the separate terms and conditions of the Company’s program for authorized Developers, if you are a Developer, you will be able to submit to the Company for its review and approval your original content that is intended to be used with the Service, and following approval, you shall be entitled to share and otherwise distribute your original content by means of the Service or by means of any third-party website that is linked to the Service, provided that you are the exclusive owner of such content (subject to the Company’s rights, title and interests in and to the Service).

(b) Prohibited Postings.

Without limiting the generality of the provisions of Section 8(a), above, you covenant and agree that you will not, directly or indirectly, create any Posting, or send any message or link to any individual or entity that elects to access and use or any part of the Service, that contains:

i. any offer to make national or international money transfers for amounts exceeding the asking price of a service, with intent to only request a refund of any portion of the payment, thereby indulging in transactions which may be construed as a money laundering transaction,

ii. any unsolicited advertisement, or marketing or promotional materials, of or concerning any product or service that is not offered or otherwise made available by the Company in connection with the Service, or that directly relates to any third-party website or any product, service, or content that is accessible by means of any such website,

iii. any content that infringes, misappropriates, or otherwise violates any third party’s intellectual property rights or other proprietary rights of any kind or nature; or

iv. any content that constitutes, or that could reasonably be interpreted to constitute, any discriminatory statement, utterance, or reference (e.g., based on race, ethnicity, religion, gender, national origin, age, handicap, or any other protected class), or that is otherwise in violation of any Applicable Laws.

The Company hereby expressly reserves the right, in its sole discretion and without prior notice to you or to any third party, to delete or otherwise remove any Posting that constitutes discriminatory or disparaging speech, or that the Company believes, in its sole discretion, is in any way a violation of, or otherwise inconsistent with, any Applicable Laws.

(c) Feedback.

After creating an Account, you are authorized to access and use the Service in accordance with the provisions of this TOS, the Privacy Policy, any Other Policies, and the related documents referenced herein. We appreciate the insights and input of the users and welcome your comments, feedback, ideas, opinions, recommendations, reviews, and suggestions of or concerning the Service (collectively, “Feedback” ). Should you provide any Feedback to the Company, you agree to do so voluntarily and without any conditions or expectations of any form of compensation or acknowledgement from the Company. As a pre-condition to Providing any Feedback, you acknowledge and agree that you have granted, and agree to grant, to the Company and its affiliates, successors and assigns, an irrevocable, royalty-free, worldwide license to reproduce, prepare derivative works, display and perform (publicly and otherwise), distribute, use and exploit any and all of your Feedback without any restrictions or payment of any compensation of any kind or nature. You represent and warrant that your Feedback does not infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, and that it does not contain libelous or otherwise unlawful, abusive, or obscene material. You further represent and warrant that you have all rights necessary to submit the Feedback and grant the Company the rights as set forth in this provision.

(d) Violation of Community Guidelines.

If you violate any of the above-referenced Community Guidelines and related rules of conduct in connection with any of your Feedback, or if any of your Postings of or concerning any Feedback are deemed inappropriate by the Company, in its sole discretion, the Company may take any of the following actions, with or without prior notice to you:

i. delete or otherwise remove any inappropriate Feedback, including any related Postings,

ii. limit the privileges made available to you with respect to the Service,

iii. decrease the status earned and/or achievements awarded to you in connection with the Feedback webpage,

iv. suspend or ban the IP address associated with any inappropriate Feedback, including any related Postings, and/or

v. report to law enforcement authorities any actions that may be illegal or otherwise actionable under any Applicable Laws, and provide such governmental authorities with any reports received by the Company that relate to such conduct, and when legally required or when deemed appropriate by the Company, at its sole discretion, the Company will cooperate with law enforcement agencies in any investigation of allegedly illegal activity or otherwise actionable activity in connection with the Service.

Please be advised that the preceding list of potential actions that the Company may take in connection with any inappropriate Feedback is illustrative and is not intended to set forth an exhaustive list of the Company’s rights and remedies in the event of the Posting of any inappropriate Feedback.

(e) Report Abuse.

If you become aware of any inappropriate behavior or any other suspected violation of this TOS, the Privacy Policy, any of the Other Policies, or any of the other related documents referenced herein, please promptly contact the Company via email at abuse@remag.gg, or through the “report abuse” button that is accessible within the Service and provide a reasonably detailed summary regarding such behavior or suspected violation. The Company has and shall have sole discretion to decide upon the course of action in response to any such report.

In the event of a dispute between any individuals that are authorized to access and use the Service concerning any Feedback or any related Postings, the Company shall be the final arbiter of such dispute, and the Company hereby expressly reserves the right, in its sole discretion, to delete or otherwise remove any Feedback or Postings, and may take such further action as it deems appropriate with respect to such matters, without creating otherwise incurring any liability to you or to any third party.

(f) Monitoring.

Please be advised that the Company does not and cannot monitor and review everything that occurs in connection with the Service. As importantly, the Company’s efforts to enforce this TOS do not require the Company to monitor all of the access and use of the Service. However, the Company does reserve the right to monitor the access and use of the Service in connection with its business purposes, for example, such as enforcing this TOS, verifying compliance with this TOS, ensuring proper operation of the Service, and fulfilling any related legal requirements.

(g) Accuracy and Completeness of Information.

The Company makes no representations or warranties about the accuracy, completeness, timeliness, or reliability of any information provided within the Service. All information is provided "AS IS" without any guarantee. You acknowledge and agree that any reliance or actions based upon the information contained within the Service is undertaken strictly at your own risk. The Company shall not be responsible or liable for any decisions made, or actions taken, based on such information. The Company expressly disclaims any and all liabilities, whether direct, indirect, consequential, or otherwise, arising from any reliance upon, or use of, the information within the Service by you or any third party. This includes, but is not limited to, any loss, damage, or harm resulting from inaccuracies, incompleteness, or misrepresentations of the provided information. It remains your responsibility to verify and validate any information obtained from the Service before taking actions or making decisions based on it.

(h) Linking.

Users are permitted to link to the Company’s Service, under the condition that this is done in a manner that is fair, legal, and does not misrepresent or harm the Company’s reputation. Any linkage must not imply or insinuate an unjustified association, endorsement, or approval by Company. The Company reserves the right to request the removal of any link that does not adhere to these standards. The Service may include links to external websites or resources managed by third parties. These are provided solely for users' convenience and reference. Inclusion of such links does not denote Company’s endorsement or affiliation with any third-party website, content, products, or services. Furthermore, the Company does not exercise control over these third-party entities and is not responsible or liable for the content, practices, or any potential damages that may arise from users' interaction with these external sites. The Company disclaims any liability related to the accuracy, content, security, or any transactions made in relation to third-party links. Users are encouraged to exercise discretion and caution while accessing any third-party links from the Service. Any unauthorized use or reproduction of the Company’s trademarks, service marks, logos, or brand elements in association with any links, without the Company’s express written consent, is prohibited. Users are not allowed to use the Company’s trademarks, service marks, logos, or brand elements in any way that may confuse the public or dilute the Company’s brand value or reputation.

(a) Company Materials.

The Platform and the Service, including, without limitation, any and all characters, environments, storylines, artifacts, trailers, images, works of authorship, textual materials, documents, reports, processes, designs, techniques, procedures, software (in both source and object code forms), features, functionalities, scripts, graphics, photos, sounds, music, videos, interactive features, and all other tangible and intangible elements (collectively, the “Company Materials” ); any and all trade names, trademarks, service marks, and logos in and relating to the Platform and the Service (collectively, the “Marks” ); and any and all other intellectual property in connection with the Platform and the Service (collectively, the “Company Property” ) are solely and exclusively owned by the Company, its licensors, or other entities providing such content. All other trade names, trademarks, service marks, and logos, that are contained, displayed, performed, or otherwise used in connection with any version of the Service are the property of their respective owners. For the avoidance of doubt, please be advised that neither you, nor any other individuals or entities that are authorized to access and use the Service, have any rights, title or interests of any kind or nature in or with respect to any of the Company Property.Go to beginning/end of line.

The Platform and the Service, and, more specifically, any and all Company Property of or concerning the Service, are provided to you “AS IS” for your personal use and enjoyment only, and, except as otherwise expressly set forth in this TOS, you are not authorized to copy, reproduce, prepare derivative works, display, perform, sell, lease, license, sublicense, broadcast, transmit, distribute, or otherwise use or exploit the Service for any other purpose whatsoever without the prior written consent of the Company. You acknowledge and agree that you will not copy, reproduce, distribute, or otherwise use or exploit any of the Company Property (or any portions or derivatives of any of the foregoing) other than as expressly permitted herein or as otherwise authorized by the Company in writing, including any copying, reproduction, distribution, or use or exploitation of any content that may be created by any other individual or entity and intended for use within the Service for any commercial purpose. You covenant and agree that you will not, directly or indirectly, circumvent, disable, or otherwise interfere with any security feature that is incorporated into the Service, or any feature that is designed to prevent or restrict unauthorized use or copying of any Company Property or that is intended to implement and enforce limitations on use of the Service, and/or the Company Property incorporated therein.

The Company Property is protected by both U.S. and international laws governing copyright, trademark, patent, trade secret, and other forms of intellectual property rights and other proprietary rights, and, as between you and the Company, the Company exclusively owns all rights, title and interests in and to the Company Materials and the Marks.

© 2023 OneXP UK Ltd. All rights reserved. REMAG™ and the REMAG logo designs are trademarks of OneXP LLC in the U.S.A. (and are trademarks of OneXP UK Ltd. outside of the U.S.A.). The prior written consent from the Company is required for any use of such marks in and outside of the U.S.A. Any other trademarks, service marks, and logos that are displayed or performed in connection with the Service belong to their respective owners.

(b) License and Use of Content Created by You.

If you are the author or creator, or an authorized Developer of any original content that the Company authorizes to be integrated into the Service, while the Company’s policies regarding authorized Developers and user-generated content may permit you to retain ownership rights in the particular original content that you author, create or produce, by submitting such content to the Company for potential integration into the Service, you (as the Developer or authorized user) represent and warrant that you are the lawful owner of all rights and interests in such content, and you hereby grant, and irrevocably agree to grant, to the Company and its affiliates, successors and assigns a non-exclusive, worldwide, royalty-free, perpetual, sub-licensable and transferable license to reproduce, prepare derivative works, adapt, modify, translate, localize, display and perform (publicly and otherwise), distribute, sell, lease, distribute, and otherwise use and exploit such content in connection with the Service, and the existing and planned businesses of the Company and its affiliates, successors, and assigns, including without limitation, the advertising, marketing, and promotion of the Service (and any portions or derivatives of any of the foregoing), in any and all forms, formats, media and technologies, whether now known or that hereafter come into existence. Nothing in this TOS takes away your rights in original content authored by you.

(c) No Confidentiality regarding Postings and Feedback.

The Service may now or in the future permit Postings of videos or other communications authored by you and other individuals that are authorized to access and use the Service, including, without limitation, your Profile Information, Feedback, and original content (if any) regarding the Service that may be submitted by you, and the hosting, sharing and other distribution of such Postings. You acknowledge and agree that (i) your Postings, your Feedback, and your original content (if any) are not subject to any confidentiality obligations that are binding on the Company or any of its affiliates, successors or assigns, whether or not any such Postings, Feedback, or content is, in fact, published and thereby made publicly accessible by means of the Service, and (ii) the Company does not guarantee any confidentiality with respect to any of your Postings, your Feedback, or your original content, all of which are and shall be made available by you to the Company on a non-confidential basis.

You further acknowledge that any content authored or otherwise created by you will be accessible by other individuals that are authorized to access and use the Service, and you expressly agree that the Company shall be freely entitled to reproduce, display and perform (publicly and otherwise), disseminate, distribute, and otherwise use and exploit any such content on an unrestricted basis, including, but not limited to, advertising, marketing, and promotional activities of or concerning the Service.

The Company may also disclose information that is included in your Postings, your Feedback, and/or original content that you author or otherwise create, including personally identifiable information and personal data (if applicable) in the event that the Company reasonably believes that the disclosure of such information (i) is necessary to comply with any legal process (e.g., a court order, search warrant, etc.) or other legal requirement of any governmental authority; (ii) could allow the Company to avoid, or potentially mitigate the Company’s liability, in connection with any actual or potential lawsuit or other proceeding; (iii) is deemed necessary or appropriate by the Company, at its sole discretion, to protect the Service, of the Company’s related rights or interests, or the rights or interests of any person or entity; (iv) to enforce this TOS or any related agreements (e.g., the Company’s Privacy Policy, any of the Other Policies, or any related documents referenced herein; and/or (v) as may be necessary or otherwise be deemed appropriate by the Company, at its sole discretion, to deter any illegal or otherwise actionable behavior (e.g., fraud, theft, misappropriation, infringement, libel, slander, etc.).

(d) Disclaimers and Right to Remove.

The Company does not endorse any content that may be provided by you or by any other individuals or entities that are authorized to access and use the Service, and the Company expressly disclaims any and all obligations and liability in connection with any and all information or other content submitted by you or by any other such third parties. In the event of any claimed infringement of any third party’s intellectual property rights that arises as a result of any content authored or otherwise created by you, then the Company, at its sole discretion, is and will be freely entitled to remove or otherwise make such content inaccessible by means of the Service without prior notice to you or to any third party.

You understand that when you access and use the Service, you will be exposed to content that is made accessible by means of the Service, and, more specifically, by other individuals or other third parties that are authorized to access and use the Service, and you acknowledge and agree that the Company is not responsible for the accuracy, appropriateness, usefulness, safety, originality, offensiveness, or non-infringement of third-party intellectual property rights, regarding any such content provided by any individuals or other sources that are unrelated to the Company or any of its affiliates. You further acknowledge that you may be exposed to third-party content that is inaccurate, untrue, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any and all legal and equitable rights or remedies that you have or may ever be deemed to have against the Company or any of its affiliates, successors, and assigns, and/or any of its or their respective officers, directors, employees, advisers, agents, and representatives, with respect thereto, and hereby release, and irrevocably agree to release any and all claims to the fullest extent permitted by any Applicable Laws regarding and otherwise relating to any and all matters that arise as a result of you exercising your right to access and use the Service, and/or any other subject matters of this TOS or any related agreements referenced herein (e.g., the Company’s Privacy Policy, etc.).

You are solely responsible for the content that you elect to communicate, display, publish, transmit, or otherwise distribute by means of the Service. You acknowledge and agree that the Company may, in its sole discretion and without incurring any obligation or liability to you or to any third party, review and delete, remove, or other make inaccessible by means of the Service, any content authored or otherwise created by you that violates these Terms of Service or that the Company concludes or believes may be offensive, objectionable, prohibited, illegal, or that may violate the rights or interests, or harm or threaten the safety, of any consumer end users or any other third parties.

The Platform is made available by the Company as part of the Service, along with other content, products, and services that are made accessible by means of the Service to you and others that are authorized to access and use the Service. The current design of the Service offers a variety of activities, services, communications channels, features, and functionalities that are designed and intended to allow you, among other things, to customize your avatar/character’s appearance/skin and change your avatar/character's screen name.

You acknowledge that the Service are designed and intended solely for the purpose of providing gaming community services, marketplace, publishing and, by registering, accessing, visiting, using, or otherwise participating in the service, including the services contained, displayed, performed, presented, advertised, promoted, or otherwise made available by means of Service, or by specifically agreeing to this TOS, you hereby represent, warrant, covenant, and certify that: (a) you have the authority to enter into this TOS, (b) you agree to be bound by all of the terms and conditions of this TOS, the Company’s Privacy Policy, the Other Policies, and any other related documents referenced herein, and in accordance with all Applicable Laws; and (c) you are not bound by any existing or past contracts or any legally binding arrangement that is inconsistent or otherwise conflicts with you being granted the limited license rights to access and use the Service, and/or any of the other products, services, or content that are made available by the Company or that are otherwise accessible by means of the Service; and (d) during the term of this TOS, you shall not enter into any agreement with any third party that is inconsistent with any of the provisions of this TOS or any related agreement that has been, or that may be, adopted by the Company at any time, or from time to time (e.g., the Company’s Privacy Policy, any of the Other Policies, etc.).

(a) Digital Millennium Copyright Act (“DMCA”) Notice and Takedown Procedures.

If you believe that any content available on the Service infringes upon your copyright, you may request removal of those materials (or access thereto) by submitting a written notice to our designated Copyright Agent identified below. This provision is in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (" DMCA ").

(b) Notice Requirements. To be effective, your infringement notification must include the following:

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

ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material.

iv. Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that if you knowingly misrepresent that any activity or material on our website is infringing, you may be liable to the Company for certain costs and damages.

(c) Designated Copyright Agent. The Company's designated Copyright Agent to receive DMCA Notices is:

Attention: PTW Copyright Agent.

copyright@ptw.com

1042 Princeton Drive

Suite B

Marina Del Rey

Los Angeles, CA 90292

(d) Counter-Notification Procedures.

If you believe that material you posted on the Service was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us by submitting written notification to our Copyright Agent identified above. Please note that if you knowingly misrepresent that material or activity on the website was removed or disabled by mistake or misidentification, you may be held liable for damages.

(e) Repeat Infringers.

It is our policy in appropriate circumstances to disable or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing copyrights or other intellectual property rights.

YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR OWN RISK AND EXPENSE, TO THE FULLEST EXTENT PERMITTED BY ANY AND ALL APPLICABLE LAWS. THE SERVICE, ALONG WITH ALL ASSOCIATED SOFTWARE, DATA, CONTENT, AND RESOURCES PROVIDED TO YOU IN CONNECTION WITH THE SERVICE, ARE OFFERED BY THE COMPANY ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. THE COMPANY AND ITS AFFILIATES, SUCCESSORS, AND ASSIGNS HEREBY EXPRESSLY DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED, ANY AND ALL WARRANTIES OF EVERY KIND AND NATURE (WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. FURTHERMORE, THE COMPANY AND ITS AFFILIATES, SUCCESSORS, AND ASSIGNS MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICE, OR THAT ANY COMMUNICATIONS, CONTENT, PRODUCTS, SERVICES, INFORMATION, OR DATA, THAT ARE MADE AVAILABLE BY THE COMPANY OR THAT ARE OTHERWISE ACCESSIBLE BY MEANS OF THE SERVICE, WILL BE ACCURATE, RELIABLE, FREE OF ERRORS, OPERATE WITHOUT INTERRUPTION, FREE OF VIRUSES, DEVOID OF OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS IDENTIFIED WILL BE CORRECTED.

THE COMPANY SHALL HAVE NO OBLIGATION OR LIABILITY, OR IN ANY WAY BE RESPONSIBLE, FOR MONITORING OR BEING OTHERWISE INVOLVED IN CONNECTION WITH ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY THIRD-PARTY PROVIDERS OF ANY PRODUCTS OR SERVICES.

FURTHER, THE COMPANY DOES NOT GUARANTEE THAT THE SERVICE WILL SATISFY, OR EVEN ALIGN WITH YOUR PERSONAL NEEDS OR EXPECTATIONS.

THE ABOVE STATEMENT SHALL NOT IMPACT ANY WARRANTIES THAT ARE NOT ALLOWED TO BE DISREGARDED OR REDUCED BY MANDATORY LEGAL STANDARDS.

IN NO EVENT SHALL THE COMPANY OR ANY OF ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, SUCCESSORS OR ASSIGNS, AND/OR ANY OF ITS/THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, CONTRACTORS, ADVISERS, AGENTS, ATTORNEYS, LICENSORS, SUPPLIERS, AGENTS, OR REPRESENTATIVES, BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND WHATSOEVER, UNDER ANY LEGAL THEORY, IN CONNECTION WITH THIS TOS, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (E.G., EMOTIONAL DISTRESS, ETC.), THAT RESULT FROM THE USE OF, OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

THE ABOVE-REFERENCED LIMITATIONS OF LIABILITY DOES NOT IMPACT ANY RESPONSIBILITY THAT IS NON-EXCLUDABLE OR NON-LIMITABLE UNDER APPLICABLE LAW.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE COMPANY, OR ANY OF ITS AFFILIATES, SUCCESSORS, OR ASSIGNS, ARISING FROM OR OTHERWISE RELATING TO THIS TOS, THE SERVICE, AND/OR ANY OF THE PRODUCTS, SERVICES, CONTENT, INFORMATION, DATA, OR MATERIALS MADE AVAILABLE BY THE COMPANY, OR THAT ARE OTHERWISE ACCESSIBLE, BY MEANS OF THE SERVICE EXCEED THE SUM OF ONE THOUSAND U.S. DOLLARS ($1,000.00 USD). THE STIPULATED LIMITATIONS AND RESTRICTIONS ON DAMAGES DETAILED ABOVE ARE ESSENTIAL COMPONENTS OF THE AGREEMENT BETWEEN YOU AND THE COMPANY.

AS NOTED ABOVE IN THIS TOS AND THE SERVICE MAY CONTAIN LINKS TO THIRD-PARTY PRODUCTS, SERVICES, WEBSITES, AND CONTENT THAT ARE NOT OWNED OR CONTROLLED BY THE COMPANY OR ANY OF ITS AFFILIATES. THE COMPANY DOES NOT HAVE ANY CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, AND DOES NOT AND SHALL NOT INCUR ANY OBLIGATION OR LIABILITY WITH RESPECT TO, ANY OF THE CONTENT, TERMS OF USE, TERMS OF SERVICE, PRIVACY POLICIES, END USER LICENSE AGREEMENTS, OR OTHER POLICIES OR PRACTICES OF THE OWNERS OF ANY THIRD-PARTY PRODUCTS, SERVICES OR WEBSITES. IN ADDITION, THE COMPANY WILL NOT AND CANNOT EDIT, DELETE, CENSOR, OR OTHERWISE MODIFY ANY OF THE CONTENT OF ANY THIRD-PARTY WEBSITE. BY ACCESSING AND USING ANY PART OF THE SERVICE, YOU EXPRESSLY WAIVE AND IRREVOCABLY RELEASE THE COMPANY AND ITS AFFILIATES FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY INTERACTIONS WITH ANY CONTENT, AND/OR ANY TRANSACTIONS INVOLVING ANY THIRD-PARTY PRODUCTS OR SERVICES. ACCORDINGLY, PLEASE BE ADVISED THAT YOU ARE STRONGLY ENCOURAGED BY THE COMPANY TO CAREFULLY READ THE APPLICABLE TERMS OF SERVICE, TERMS OF USE, PRIVACY POLICIES OF EACH OF THE THIRD-PARTY WEBSITES THAT YOU CHOOSE TO VISIT, INCLUDING, WITHOUT LIMITATION, THOSE TO WHICH YOU ARE DIRECTED BY ANY DYNAMIC LINKS THAT ARE MADE AVAILABLE BY THE COMPANY OR THAT ARE OTHERWISE ACCESSIBLE BY MEANS OF THE SERVICE.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, AND ASSIGNS, AND ITS/THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, CONTRACTORS, ADVISERS, AGENTS, ATTORNEYS, LICENSORS, SUPPLIERS, REPRESENTATIVES, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, COSTS, AND/OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES, EXPERT WITNESS FEES, AND COURT COSTS) ARISING OUT OF OR RELATING TO (A) YOUR VIOLATION OF THIS TOS; OR (B) YOUR ACCESS TO AND/OR USE OF THE SERVICE. YOUR INDEMNIFICATION OBLIGATION SET FORTH IN THIS SECTION SHALL SURVIVE THE TERMINATION OF THESE TERMS OF SERVICE AND/OR THE TERMINATION OF YOUR ACCOUNT (WHETHER BY YOU OR BY THE COMPANY), WHICH, AS NOTED ABOVE, WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO CONTINUE TO ACCESS AND USE THE SERVICE.

(a) Modifications, Suspension, or Discontinuance of the Platform.

The Company expressly reserves the right, at its sole discretion, at any time and from time to time, to discontinue, suspend, withdraw, or otherwise modify the Service (or any part of the foregoing), whether temporarily or permanently, with or without notice. You acknowledge and agree that the Company is not and shall not be liable to you or to any third party as a result of any discontinuance, suspension, withdrawal, or other modification of the Service for any reason, including if any of the Service, or any related content, products, or other services are unavailable or otherwise inaccessible at any point or duration. The Company is not required to maintain support for any earlier versions of the Service once new updates, upgrades, or other features are released.

(b) Termination by Company.

You hereby acknowledge and agree that the Company, in its sole and absolute discretion, has the right to terminate your access to and use of the Service (or any part or parts thereof), immediately and without prior notice, for any reason or for no reason. In the event of such termination, the provisions of Sections 4, 5, 6, 7, 8, 9, 11, 13, 14, 15, 16(a), 16(b), 16(d), and 17 will survive such termination.

(c) Termination by You.

You may elect, at any time and at your sole discretion, to cease using the Service, and to terminate your Account and your contractual relationship with the Company pursuant to this TOS, whether with or without cause, by sending an email to “privacy@remag.gg” with the subject line “Termination of Account.”

(d) Effects of Termination.

Immediately upon termination of your Account, your right to continue to access and the Service, including, but not limited to, your right to participate in any online activities that are made available by means of the Service shall thereupon automatically terminate. In the event of termination of your Account (whether by you or by the Company), your Account will be disabled, and you will no longer be entitled to have access to your Account or to any Postings, Feedback, files, content, information, or data contained in or otherwise associated with your former Account (e.g., your Profile Information, etc.). Notwithstanding the foregoing, residual data may remain in the Company’s automated data archival/back-up system and related hardware and software systems.

Unless the Company has previously cancelled or terminated the license granted to you to access and use the Service (in which case subsequent notice by the Company shall not be required), if you provided the Company with a valid email address and/or mobile number during registration, the Company will endeavor to notify you via email of such cancellation or termination, which cancellation or termination shall be effective immediately upon the Company’s delivery of such notice.

You hereby acknowledge and agree that, upon any termination of the Service, (1) all licenses granted to you hereunder will immediately terminate; (2) you shall promptly destroy all copies of any and all Company Materials that remain in your custody, possession, or otherwise under your control; (3) the Company shall not be liable to you or any third party as a result of any termination of your Account and the termination of the licensed rights granted to you to access and use the Service; (4) the Company retains the right to use any and all information and related data of or concerning your use of the Service, including, but not limited to, any information regarding your online activities for all lawful purposes and as may be required under any Applicable Laws (including, but not limited to, compliance confirmation, archival purposes, etc.); and (5) all licenses, consents, approvals, permissions, releases, and waivers, granted by you to the Company hereunder shall remain in effect for the foregoing purposes. In no event is the Company obligated, nor shall the Company otherwise be required, to return to you any of your Postings, Feedback, or original content that you elected to submit to the Company or that you authored or otherwise created and posted, shared, or otherwise distributed in connection with the Service.

(a) Dispute Resolution.

If a dispute arises between you and the Company, you and the Company hereby agree that any claim or controversy (whether at law or in equity) that arises out of this TOS and/or that relates in any manner to the Service shall be resolved in accordance with the provisions of this Section 17(a) and Section 17(b), below. Before resorting to the filing of a formal lawsuit, we encourage you to contact us directly (via e-mail at legal@remag.gg ) in order to seek an amicable resolution to any such matter through good faith discussions between you and the Company’s designated representatives.

(b) Governing Law and Jurisdiction.

The TOS shall be governed by, interpreted and enforced in accordance with the laws of the State of Delaware (excluding that body of law relating to choice of laws) and the laws of the United States, and any legal proceeding arising out of this TOS shall take place exclusively in any court of competent jurisdiction located in New Castle County, Delaware (unless any Applicable Law requires a different jurisdiction or venue for any such proceeding), and you and the Company hereby irrevocably consent and submits itself to the personal jurisdiction and venue of such courts for purposes of any such action; provided, however, notwithstanding the foregoing, the Company shall be entitled to the issuance of appropriate equitable relief regarding your breach of this TOS in any court of competent jurisdiction in any state, county, or country in which such alleged breach or threatened breach occurs.

(c) Advertisements.

The Company may display advertisements and promotions within, on, around, and otherwise in conjunction with the Service (collectively, “In-Service Advertising” ). The Company hereby expressly reserves the right to alter, adapt, change, or otherwise modify the manner, mode, and extent of the Advertising undertaken by or for the Company. The display or performance of any Advertising and/or any modification regarding the appearance of any Advertising does not and shall not imply any sponsorship or endorsement of any advertised products or services by the Company or any of its affiliates. You acknowledge and agree that the Company and its affiliates do not have, and shall not have, any obligations or liability for any loss or damage of any sort incurred by you as a result of any Advertising being displayed or performed in any manner in connection with the Service.

In accordance with the Company’s Privacy Policy, please be advised that the Company may use third-party advertising companies to serve Advertising as part of the Service. These companies may use certain information (but not including, unless you expressly consent, any of your personally identifiable information or personal data, such as your name, address, email address, telephone number, etc.) regarding your access to and use of the Service in order to provide Advertising about third-party goods and services that may be of interest to you.

(d) Assignment.

This TOS, and any rights and licenses granted hereunder by the Company to you, are personal to you and may not be assigned, sublicensed, or otherwise transferred by you, nor may any of your obligations hereunder be delegated by you, to any third party without the prior written consent of the Company. Any attempted or purported assignment, sublicense, transfer, or delegation, without the Company’s prior written consent shall be void and shall constitute a material breach of this TOS. The Company is freely entitled, without restriction, to assign and transfer this TOS, in whole or in part, to any third party, including, but not limited to, any of the Company’s affiliates.

(e) No Agency or Partnership.

No agency, partnership, joint venture, or employment relationship is created as a result of this TOS or as a result of you electing to access and use any part of the Service. Each of the parties is and shall be an independent contractor with respect to the performance of this TOS. You do not have any authority whatsoever to bind the Company in any respect or to create or assume any obligation or liability of any kind or nature on behalf of the Company.

(f) Force Majeure.

The Company shall not be liable to you for any delay or failure in performance under this TOS arising out of any cause beyond the Company’s reasonable control. Such causes may include, but are not limited to, fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, pandemics, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

(g) Consent for Receipt of Phone Calls, SMSs and/or E-mails.

You acknowledge and agree that the completion of registration of an account for you to use, at your discretion, to access and use the Service shall be deemed to indicate and confirm your request and consent to be contacted for the lawful purposes referenced above, including, but not limited to, the advertising, marketing, and promotion of goods and services that are made available by the Company or that are otherwise accessible by means of the Service, (i) on the mobile phone number shared by you, and (ii) by way of SMS or email notifications or messages (or any other electronic form) using such phone number.

(h) No Third-Party Beneficiaries.

Except as otherwise expressly set forth in this TOS, there shall be no third-party beneficiaries with respect to this TOS.

(i) Notices.

You acknowledge and agree that the Company may provide you with notices, including, but not limited to, notification regarding any changes to this TOS (or to the Company’s Privacy Policy, or any of the Other Policies, or any of the related documents referenced herein), by email, SMS, regular mail, or other form of notification with the Service.

(j) Entire Agreement.

This TOS, together with the Company’s Privacy Policy, the above referenced Community Guidelines, and the Other Policies that specifically relate to the Service, shall constitute the entire understanding and agreement between you and the Company regarding the Service, and supersede and replace all prior and contemporaneous agreements, understandings, representations, and warranties, whether in writing or verbally, related to such subject matter.

(k) Severability.

If any provision of this TOS (or any part thereof) is determined by a court of competent jurisdiction to be void, invalid, or otherwise unenforceable, then such provision (or part thereof) shall be enforced to the maximum extent permitted consistent with the stated intention of this TOS, or, if incapable of being so enforced, such provision (or part thereof) shall be deemed to be deleted from this TOS, while the remainder of this TOS shall continue in full force and effect and continue in effect according to its stated terms and conditions.

(l) Waivers.

No waiver by Company of any provision of this TOS shall be deemed a further or continuing waiver of such provision or any other provision, and the Company’s failure to exercise any right, power, or remedy under this TOS shall not constitute a waiver of any such right, power, or remedy. No waiver by Company of any provision of this TOS shall be effective unless in writing and signed by the Company.

(m) Statute of Limitations.

You acknowledge and agree that any cause of action arising out of or that otherwise relates to the Service must be commenced within one (1) year after the initial event that first gives rise to such cause of action. Please be advised, however, that if you do not initiate a legal proceeding regarding such cause of action within such 1-year period, then you shall be deemed to have permanently waived and relinquished your right to pursue any such cause of action and to have thereby irrevocably released the Company and its affiliates, successors and assigns from such cause of action and any and all related claims.

(n) Section Headings.

The section headings in this TOS are for convenience of reference only and have no legal or contractual effect.

(m) Contact Us.

If you have any questions or would like additional information regarding the Service, and/or any of the provisions of this TOS, please write to the Company at support@remag.gg.