End User License Agreement & Terms of Service

Last Updated: July 31, 2023

Singularity 6 Corporation thanks you for your interest in our Game, offered through our Game website and downloaded via our installer at https://www.palia.com, and other services and platforms where such product may be made available (herein “Digital Storefront(s)” or “Platform(s)”), and in relation thereto, our Company website at https://singularity6.com/ and our social media pages and accounts (i.e., Facebook, Instagram, Twitter, Reddit, Discord, YouTube and TikTok) (collectively, the “Website”).

In order to create a better player experience for our entire community, we require all of our players to carefully review and accept the following End User License Agreement (the “Agreement”) and Terms of Service (the “Terms”). This Agreement and the Terms describe the terms and conditions by which we offer you: (i) the right to download, install and/or use the Game and related documentation, and Services offered by us; and (ii) the right to use the Services, and more specifically, the Game in conjunction with your registered account on your chosen Platform (“Account”). Neither the Agreement nor the Terms grant you any rights to use any third-party products or services. This not only helps us preserve a healthy and fun environment for all of our players, but it also allows us to continuously improve your player experience.

Our Privacy Policy is also available to inform you of our data collection practices and your rights with respect to the data we collect from you. Our policy exists to communicate our practices and your rights with respect to those practices. Your privacy rights are important to us and deserve your undivided attention, so please take the time to review our Privacy Notice here: https://palia.com/privacy.

By accessing, downloading and/or using the Game, Website or Services (as defined below), you represent that you are (i) at least thirteen (13) years of age or the legal age of majority in your country of residence, and where applicable (ii) your parent or legal guardian has consented to your use of the Game. If you are at least thirteen (13) years of age or the legal age of majority in your country of residence, you hereby accept and agree to be legally bound by all the terms and conditions of this Agreement and the Terms on your own behalf, and you acknowledge that we may terminate your use of our Services at any time subject to the terms set forth herein. IF YOU ARE THIRTEEN (13) YEARS OF AGE OR OLDER BUT NOT OF LEGAL AGE TO ENTER INTO A CONTRACT, YOU SHOULD REVIEW THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND THESE TERMS AND CONDITIONS. IF YOU ARE A PARENT OR LEGAL GUARDIAN WHO HAS CONSENTED TO YOUR CHILD’S USE OF THE SERVICES, YOU AGREE AND ACKNOWLEDGE THAT YOU ARE SUCH CHILD’S PARENT OR LEGAL GUARDIAN AND THAT YOU AGREE TO BE BOUND BY THE WITHIN TERMS ON BEHALF OF SUCH CHILD, INCLUDING WITHOUT LIMITATION, BEING LIABLE FOR ALL USE OF THE SERVICES BY THE CHILD.

We reserve the right to interrupt, modify (including, without limitation, adding or removing content and/or servers), update, suspend, cancel or terminate this Agreement and the Terms in whole or in part, from time to time, for any reason or no reason in our sole and absolute discretion. Updates may require you to update your system to play the Game. We may, but are not obligated to, provide you with notice of such modifications by any reasonable means, including, without limitation, by making available the revised version available to you via our Website and/or at the time you attempt play the Game; however, you agree you will periodically check the Website for updates. To determine when the Agreement was last revised, simply refer to the “Last Updated” legend at the top of this Agreement and Terms. Your continued use of our Website, Game or the Services following our making available any revised version of this Agreement and Terms shall constitute your assent and acceptance of the revised version. If you do not agree to any changes made to the Agreement and Terms, you may not access or use the Game. You agree that neither the Company (nor its licensors, licensees, distributors and/or service providers, as may be applicable) will be liable for any interruption, delay and/or failure of the Game to perform, and you understand that you shall not be entitled to any refund of amounts or other compensation for interruption to your use of the Game or any failure of the Game to perform. IF YOU DO NOT AGREE TO THIS AGREEMENT OR THE TERMS, YOU ARE NOT PERMITTED TO DOWNLOAD, INSTALL OR USE THE GAME.

Any questions regarding this Agreement may be made by submitting a request via our support website at https://support.palia.com/ (“Player Support”).

Definitions

The following terminology applies to this Agreement and the Terms, and any related agreements referenced herein:

“Account” means your registered account on your chosen Platform.

The term “Game” means the interactive entertainment product currently entitled “Palia”, including the game client/installer and all versions thereof across all playable Platforms, and also refers to all expansions, updates, and all content and intellectual property embodied therein.

“Intellectual Property” means all copyrights, trademarks, patents and inventions, trade secrets, personality rights, and other proprietary rights commonly identified as “intellectual property rights” or pseudo-intellectual property rights by applicable foreign or domestic law, and by way of example but by no means a limitation of the foregoing includes: visual assets, Game code, artwork, music, audiovisual works, methods, processes, prototypes, technology, storyboards, characters, plot devices, slogans, logos, and any material distributed under confidentiality or non-disclosure restrictions.

“Services” means all of the products and services offered by us, including but not limited to, the Game and any related Website, as well as customer support, technical support, and all other means by which you interact with us and our products and services.

“End User”, “User”, “you” and “your” refers to you, the person accessing the Website/Game and accepting this Agreement and the Terms.

“Company”, “ourselves”, “we”, “our” and “us”, refers to our company, Singularity 6 Corporation.

“Party”, “Parties”, or “Us”, refers to both the End User and ourselves, or either the End User or ourselves.

All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the End User in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the End User’s needs in respect of provision of the Company’s stated Services, in accordance with and subject to, United States and applicable international Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she/they, are taken as interchangeable and therefore as referring to the same.

Terms of Service

We want to make sure that the Game and Website remain fun, healthy, and safe environments for you and your friends to enjoy. By accepting these Terms, you understand that the following conditions apply to your use of both the Website and the Game, as well as any and all online video and streaming platforms with which you interact in relation to the Services (collectively herein the “Community”). Your failure to comply with any part of these Terms, including the Community guidelines herein, may result in the termination of your access to the Game, or we may otherwise ban you from further contributing to the Community by whatever legal means available to us.

Furthermore, you accept sole and complete liability for any content shared by you to our Community. As such, you agree to indemnify and hold harmless the Company and its officers, employees, agents, affiliates, subcontractors, members and assigns, against any and all claims, disputes, demands, actions, suits, damages, liabilities, obligations, losses, settlements, judgements, costs and expenses (including without limitation attorneys’ fees and costs) made or entered into against us that arise out of, relate to or are the result of content you share with or to the Community.

Playing the Game

You must have, and where applicable, pay for, the following to play the Game: a downloaded copy of or access to the Game from one of the applicable Digital Storefronts; required platform hardware or minimum computer system requirements; and an internet connection. You may also be required to create a user account for the Digital Storefront through which you access the Game, in order to download and use the Game, and/or to make purchases therein. Each platform’s account registration procedure may vary; please see the applicable platform’s documentation or website for instructions.

Although we have no obligation to do so, we retain the right to monitor and/or record your communications sent to us directly or within our dedicated communities, and you acknowledge and agree that when you communicate with us, you have no expectation that your communications will be private. This applies to communications made within the Game, as well, which will also be monitored in accordance with our Privacy Notice. We have the right to disclose your communications for any reason, including: (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce these Terms or any other Company policy; (c) to protect our legal rights and remedies; (d) to protect the health or safety of anyone that we believe may be threatened; or (e) to report a crime or other offensive behavior.

Your use of the Services and your ability to access your Account, the Game and interact with other players is governed at all times by these Terms, as well as any other applicable agreements, policies, terms and conditions, including those set forth in-game, that we may from time to time deploy or enforce at our sole and absolute discretion, and any licensor, Platform or applicable third-party terms and conditions. These Terms are not meant to be exhaustive. In the event of a conflict between these Terms and any of the other foregoing terms and conditions, these Terms shall control with regard to your access, download and use of the Game. Your use of the Game on any Platform is also subject to the Platform’s terms and conditions.

User Comments and Feedback

We, as well as our Community, offer various opportunities to interact and share your opinions and thoughts with us and other End Users in Game, through third party platform providers, via our social media pages (including Discord, Facebook, Twitter, Instagram, Reddit and TikTok), through the Game’s Digital Storefront pages, or via other Community initiatives. However, please note that the opinions or views expressed, or statements made to the Community (other than by our employees, officers, or verified community leaders) via posts, user comments, feedback, “wiki” entries, online chat (via Discord, Facebook, Reddit, Twitter or comparable social media outlets), or via the communication features of the Digital Storefronts (collectively referred to herein as “User Comments”), do not reflect the opinions or views of the Company.

We do not review, edit or modify User Comments prior to their publication to the Community. However, we reserve the right to remove or modify any User Comments shared with the Community for any reason. By sharing User Comments and accepting the terms of these Community guidelines, you acknowledge that we may make such deletions or changes without notice to you, nor is any such change or removal subject to review, appeal or revocation.

You retain ownership in your User Comments and all Intellectual Rights contained therein, provided such User Comments do not contain Feedback, as defined below, or our Intellectual Property. We may from time to time publicly share or redistribute User Comments on our Website, or through other Community channels, press releases, or promotional and marketing materials. You hereby grant us an unrestricted, irrevocable, perpetual, royalty-free, non-exclusive, fully transferable and sub-licensable worldwide right and license to use your User Comments in connection with the promotion of the Game.

We appreciate any feedback, suggestions, improvements, constructive criticism, or ideas you may have in connection with the Game or Website (“Feedback”). However, we cannot guarantee that the Feedback you provide has not already occurred to us. By submitting Feedback to us, you hereby assign all right, title, and interest in and to the Feedback to us, including but not limited to Intellectual Property rights. To the extent that any such rights cannot be assigned under applicable US or international law, you hereby waive your existing or future rights and release us from any and all claims arising from our use of your Feedback.

User Generated Content

We appreciate that our End Users may be inspired to create and share your fan art, fan fiction, video montages, Let’s Play videos, and other creative content with our Community (herein “User Generated Content”). We also appreciate that End Users may wish to stream and record their gameplay and share it with the Community or through social media video streaming services such as YouTube.com, Twitch.tv or TikTok.com—for the purpose of these Terms, we also consider your streams and videos containing Game content “User Generated Content”. You affirm that you have the necessary rights to post the User Generated Content which you post to and/or in relation to the Game. You also affirm that such content, or its potential use by us in accordance with these Terms, does not violate these Terms, applicable law, or the intellectual property or proprietary rights of others, including rights of publicity and rights of privacy. We only ask that, as a courtesy, you send us a note or @ us when sharing your User Generated Content so that we have a chance to support and promote you as you show your support for the Game.

However, User Generated Content shared with the Community must comply with these Terms, including our Community guidelines, as well as the Agreement. You agree that neither the Company, nor any Platform on which you access and/or use the Game or post User Generated Content on, is liable for User Generated Content that is provided/posted by you or others. We have no duty to pre-screen User Generated Content, but may have the right to refuse to post, edit, or deliver submitted User Generated Content. We reserve the right to remove User Generated Content or seek to have it removed for any reason, but are not responsible for any failure or delay in removing such material. We also reserve the right to block any End User’s access to any content, website or webpage that we provide at our sole discretion. Failure to comply with any of the terms contained herein may result in our utilizing any legal remedies that may be available to us, including issuing takedown notices to the appropriate service providers due to the breach of the licenses and rights granted to you herein.

We want you to create and express yourself freely, and you retain all rights in and to your User Generated Content. That being said, by sharing your User Generated Content with the Community, you grant us an unrestricted, irrevocable, perpetual, royalty-free, non-exclusive, fully transferable and sub-licensable worldwide right and license to use your User Generated Content, including, but not limited to, the rights to reproduce, distribute, adapt, modify, create derivative works from, perform, display, publish, broadcast, transmit, or otherwise communicate to the public in all media now known or hereafter devised, for any purpose, without any further notice or compensation to you. You hereby waive and relinquish any claim based upon “moral rights” (as that term is commonly understood) or any rights of attribution or integrity in connection with content submitted to us hereunder. This license grant, and the above waiver of any applicable moral rights, survives any termination of this license.

Community Rules and Restrictions

The Services may contain forums, communities, in-game chat features and/or other communication facilities which allow the Community to post, send and receive messages as well as other content that is related to our Services. By entering into these Terms and accepting the Community guidelines, you agree to comply with the following with respect to our Services:

• Nothing you share with the Community, including but not limited to your Account username, avatar, User Generated Content or User Comments, may contain content that infringes on the intellectual property rights (including copyright, trademark, and patent rights), proprietary rights, trade secrets, personality rights, rights of publicity, privacy rights, contract rights or restrictions, or other right of any third-party;
• To the extent that any third-party content is embodied in any content you share with the Community, including but not limited to User Generated Content and User Comments, you have acquired the necessary rights and licenses to reproduce the same;
• You will not publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, vulgar, obscene, indecent or unlawful topic, name, material or information.
• Our Player Code of Conduct located at https://palia.com/code-of-conduct which is incorporated by reference into these Terms;
• You will NOT harass other users. Harassment includes but is not limited to:
  • Harvest or otherwise collect personal information about others without their consent;
  • Publicly disclosing personally identifiable information of another End User or member of the Community;
  • Stalking, doxing, griefing, threatening, bullying, impersonating or otherwise infringing on the privacy of any member of the Community;
  • Promote or incite violence, disparaging, defaming, slandering, name-calling, hate speech, abuse or engaging in any form of discrimination against another member of the Community;
  • Engaging in any act of sexual misconduct, including but not limited to sexual innuendo, sharing sexually explicit content (including but not limited to sexually explicit content in User Generated Content or User Comments), coercion, or making offensive or inappropriate advances or comments to a member of the Community;
  • Misleads others into believing that you are an employee or contractor of Company;
  • Spamming or making false claims, tickets, or reports about events or any third party, regardless of their standing with the Community or the Company; or
  • Using exploits, hacks, or third-party tools to obtain an unfair advantage against other members of the Community in-Game.
• You agree that the list of conduct identified as harassment above is not exhaustive. We reserve the right to determine what constitutes “harassment” in our sole and exclusive discretion;
• You will not engage in acts of revenge, disparagement or retaliation against us for any feature contained in or modification made to the Game or our Services that you dislike. Your sole remedy for that is to stop playing the Game or stop using the Services;
• You will not engage in solicitation or advertise other products or services to the Community without our prior written consent;
• You will not evade or cause other End Users to evade any consequences imposed by Company under these Terms, including but not limited to creating alternate accounts;
• You will not share with the Community any content which refers to drugs, alcohol or illegal activities; and
• You may not distribute, sell, or otherwise exploit User Generated Content (including video streaming) commercially or otherwise without our prior consent (e-mail is sufficient).

We may change, block, or remove your username and/or avatar or remove your Account from all our Service(s) if your username, avatar, or content is found to go against these Terms in any way.

Failure to comply with the Community guidelines set forth above will result in the revocation of all rights set forth herein. Any breach substantial enough to cause harm to the Company or a third-party may be accompanied by the application of any and all legal rights and claims reserved by us in accordance with these Terms.

Infringing Content

To the extent possible under International Law, we are not liable for any copyright infringement arising from any User Generated Content shared with the Community. However, under the Digital Millennium Copyright Act of 1998, we are able to provide the lawful owners of copyrighted works recourse in the event that their copyrights are infringed, provided our ability to do so is not superseded by the interests of any social media platform used to share copyrighted works (in such event, you should look for the take down procedure supplied by the social media platform). If you believe that your copyrights are being violated by User Generated Content, User Comments, or other materials located in the Game or on our Website or other Community channels under our direct control, please contact us so that we may investigate your claims, and, if appropriate, modify or remove the infringing material. We require the following information before we are able to investigate your claim:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
• A description of the copyrighted work that you believe has been infringed;
• A description of where the material that you claim is infringing is located or identified on the Website or in the Game or Community channels under our direct control, including a verifiable link to the material;
• Your name, address, telephone number, and email address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and is not a permissible “fair use” of your work; and
• A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or authorized to act on the owner's behalf.

The above information should be provided to our registered DMCA agent for notice of claims of copyright or other intellectual property infringement, who can be reached at: dschnider@nolanheimann.com

If you believe your content has been taken down pursuant to the above procedures in error, we require the following information sent to our agent referenced above before we can investigate your claim or re-post your content:

• Your physical or electronic signature;
• Your name, address, telephone number, and email address;
• Identification of the material and its location before it was removed;
• A statement under penalty of perjury that the material was removed by mistake or misidentification;
• Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.); and
• Your consent to accept service of process from the party who submitted the takedown notice.

Please note that pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

Website

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Website and the use of the Website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

• Limit or exclude our or your liability for death or personal injury resulting from negligence;
• Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• Limit any of our or your liabilities in any way that is not permitted under applicable law; or
• Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the Website and the information and services on the Website are provided free of charge, we will not be liable for any loss or damage of any nature.

Trademarks

Company trademarks (“Company Marks”) may only be used: (1) in connection with the activities listed as acceptable in these Community Guidelines; AND (2) when the applicable policy associated with that activity specifically references your right to use the Company Marks pursuant to this policy.

• You may use the Company Marks only for non-commercial purposes, except as permitted by the applicable policy or after obtaining our prior written consent.
• The Company Marks may only be used in connection with high quality materials (e.g., websites).
• Use the appropriate trademark symbol (™, ®) listed below the first time that a Company Mark appears in your material.
• You should provide credit to us by using the credit lines associated with the Company Marks that you use (see below).

Do Not:

• Alter a Company logo other than to adjust the overall size of the logo;
• Modify or alter a Company Mark or logo or use them in a way that confuses the Company or its games with another brand, game, or game developer/publisher;
• Use a Company Mark in a plural or possessive form;
• Use a Company Mark or logo or any other confusingly similar marks on any apparel, product, toy, or any other merchandise;
• Use a Company Mark in conjunction with your name or any other trademark or trade name unless expressly permitted to do so by us;
• Use the Company Marks in a way that is deceptive, harmful, obscene or disparaging to others;
• Present or feature any Company Mark on websites containing content or advertising associated with pornography, obscenity, violence, gambling, or illegal activities;
• Use a Company Mark in the domain name of your website's URL;
• Apply for trademark registration of a product, service, etc., with a name that includes a Company Mark or, any variation thereof;
• Use a Company Mark in a manner that, in our sole opinion, is unlawful, misleading, defamatory, obscene, infringing, tortious, disparaging, abusive, or otherwise objectionable or inappropriate; or
• Use a Company Mark in any manner that implies a relationship with, sponsorship, or endorsement by Company, unless otherwise authorized by us in writing.

License

Exclusive rights for, in, and to the Game and all copies of the Game, are retained by us or our licensors, as applicable. The Game is licensed to you, as opposed to being sold or assigned to you, and your continued legal use of the Game is contingent upon your compliance with this Agreement and the terms set forth herein, as well as the Terms.

License Terms

We hereby grant you a non-exclusive, non-sublicensable, non-transferrable, revocable and limited right and license to access, download, or otherwise make use of the Game for your personal, non-commercial use solely in connection with an authorized Account. Continued use of the Game is contingent upon your compliance with the following:

• You may not modify, distribute, transmit, display, perform, reproduce (except for one archival and backup copy as permitted by applicable laws), publish, license, create derivative works from, adapt, translate, sublicense, auction, rent, lease or sell all or any part of the Game, including Virtual Items. In addition, you may not hack, emulate, reverse engineer, decompile, or disassemble any part of the Game, including Virtual Items. All rights not expressly granted are reserved by us. You agree that you have no interest, monetary or otherwise, in any feature, content, or Intellectual Property contained in the Game.
• Absent a valid distribution agreement between you and the Company, you may not commercially exploit the Game or otherwise make the Game available on any third-party network, FTP, internet website, torrent site, file-sharing service, intranet, or “cloud”, whereby individuals other than you may download and install the Game. You further agree that you will not link to any such third-party network, torrent, FTP, file-sharing service, intranet, or “cloud” that is not legally owned by us or our distributors, as applicable. For the sake of clarity, “commercially exploit” as used herein includes, but is not limited to, offers to perform in-Game services for other End Users in exchange for payment outside of the Game, or offers to sell Virtual Items, inclusive of redemption codes for Virtual Items or beta or early access, in exchange for payment outside of the Game.
• You may not use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Game experience.
• You may not share your Account details or give any other End User permission to use your Account for any reason.
• You may not use any unauthorized third-party software that intercepts, “mines,” or otherwise collects information from or through the Game, including without limitation any software that reads areas of RAM used by the Game to store information about a character or the game environment; provided, however, that we may, at our sole and absolute discretion, allow the use of certain third-party user interfaces.
• You may not modify or cause to be modified any files that are a part of the Game in any way not expressly authorized by us.
• You may not provide or develop outside matchmaking services for the Game, or intercept, emulate or redirect the communication protocols used by us in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks.
• You may not facilitate, create or maintain any unauthorized connection to the Game or the Services, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Services; and (b) any connection using programs or tools not expressly approved by us.
• You may not violate any applicable law or regulation in connection with your use of the Game or Services.
• You may not disrupt or assist in the disruption of (i) any computer used to support the Services (each a “Server”); or (ii) any other End User’s Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICES OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

Ownership and Independent Origin

Company and/or its licensors own and retain all right, title and interest relating to all State, Federal, and International Intellectual Property and proprietary rights in and to our Services, the Game and all copies of the Game, including without limitation all copyrights, patents, trademark rights, trade secret rights, trade dress rights, goodwill, and any and all other Intellectual Property and proprietary rights embodied in or derived from the Game. We strictly prohibit the copying, reproduction, and circumvention of technology of the Game beyond the terms of this Agreement. Except for the revocable, limited license expressly granted above, you acknowledge and agree that you have not and will not acquire or obtain any Intellectual Property rights, including, without limitation, any right of exploitation, of any kind in or to the Game, and/or any compilation or copyrightable arrangement thereof, and that the Game is exclusively owned by Company and/or it’s licensors. All rights not expressly granted herein are reserved by us. PLEASE NOTE THAT UNAUTHORIZED USE OF COMPANY PROPERTY MAY SUBJECT YOU TO MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALTIES, INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.

All characters, events, and portrayals contained in the Game are purely fictional and any resemblance to real events or real individuals whether alive or dead is purely coincidental. We do not claim any rights or interest in or to existing trademarks, trade names, personalities or likenesses that may incidentally resemble an existing product, service, or person. Furthermore, the rights in and to any User Generated Content or third-party content created in connection with the Game remains with its respective owners and we do not claim any right, obligation, or liability thereto.

Singularity 6 Corporation, Palia and any associated logos, are trademarks, service marks and/or registered trademarks of the Company in the United States of America and elsewhere.

Virtual Currency and Virtual Items

Generally. The Game is a free-to-play game, however we provide End Users a license to use Virtual Currency to the extent that the Game permits End Users to purchase such Virtual Currency in connection with the Game, and a license to a variety of virtual, in-game or in-app items, as may be applicable (“Virtual Items”). For purposes of this Agreement, “Virtual Currency” shall be defined as simulated currency of no actual value outside of the Game in the form of “Palia Coins”, gained by End Users through purchase to obtain certain Virtual Items available as part of the Game. For the avoidance of any doubt, Virtual Currency and Virtual Items only permit you certain limited rights or licenses, as set forth herein.

To the extent that you remain in compliance with the terms and conditions of this Agreement and reside in an area where Virtual Currency or Virtual Items are made available, we grant you the nonexclusive, non-transferable, non-sublicensable, limited right and license to use Virtual Currency and Virtual Items obtained through purchase strictly for non-commercial use and solely within the Game. You shall not acquire any title or ownership in or to Virtual Currency or Virtual Items. You acknowledge that in purchasing any such Virtual Currency or Virtual Items, additional costs may be added by Company or our payment processing provider to cover any and all applicable taxes or service fees that may be due to complete your purchase.

As permitted by law, we retain the right to modify or otherwise affect the perceived value of any Virtual Currency or Virtual Items at any time and may also modify such values, at our sole and exclusive discretion. You acknowledge that the license granted to you with respect to Virtual Currency and Virtual Items related to the Game will terminate in accordance with the terms and conditions of this Agreement, or at any time that we elect to stop permitting access to such Virtual Currency, Virtual Items, the Game, or this Agreement is otherwise terminated.

We retain the right to set limits on the amount of Virtual Currency that can be spent in any given time-period as well as limits as to the total amount of Virtual Currency that may be credited to or obtained by any given End User.

In-Game Use. For clarity, Virtual Currency and Virtual Items may only be used within the Game, and we retain the right to limit your use of the Virtual Currency or Virtual Items at all times.

Your Account will reflect any unused and available Virtual Currency applicable to that Platform. You must have sufficient available Virtual Currency in your Account in order to complete a virtual transaction. The amount of Virtual Currency in your Account may be reduced at any time without notice to you in the event of certain occurrences, including events related to gameplay (e.g., elimination of character or simulated goods). All Virtual Currency and Virtual Items are unconditionally forfeited if your Account is terminated or suspended for any reason, at our sole discretion, or if our Company discontinues any Virtual Currency or Virtual Item program.

We disclaim any and all liability or responsibility for hacking, misuse or unauthorized use, or loss of your Virtual Currency or Virtual Items. You remain responsible to notify us immediately if you discover any unauthorized use of your Virtual Currency. Any such reporting or requests for support should be made with Player Support. We do not have any obligation to, and will not, reimburse you for any Virtual Currency or Virtual Items lost due to your violation of these Terms.

Virtual Currency is non-redeemable and non-transferable. Virtual Currency and Virtual Items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. You acknowledge and agree that you may not convert, sell, lease, license, rent or otherwise commercialize the Virtual Currency or Virtual Items under any circumstance. Virtual Currency is only redeemable for Virtual Items and is not redeemable for any sum of money or monetary value or other goods from us or any other person or entity at any time. Virtual Currency and Virtual Items have no cash value, and neither Company nor any other person or entity has any obligation to exchange your Virtual Currency or Virtual Items for anything of tangible value, including, but not limited to, real currency.

Without limiting any of the foregoing, to the fullest extent permitted by law, we retain the right to modify, suspend, eliminate or otherwise alter Virtual Currency or Virtual Items in our sole and exclusive discretion without any liability to you or any third party. Any unauthorized use of Virtual Currency or Virtual Items by you, including but not limited to, the unauthorized transferring, sale or exchange of Virtual Currency or Virtual Items, is strictly forbidden. We reserve the right, in our sole discretion, to terminate, suspend, or modify your Account, your access to Virtual Currency and Virtual Items, and/or to terminate your right and license to continue using the Game should you participate in any such unauthorized actions.

Purchases of Virtual Items through the use of Virtual Currency are final and non-refundable, non-transferable, and non-exchangeable. Purchases of Virtual Currency itself are also non-transferable and non-exchangeable, however they may be refunded within fourteen (14) days of purchase as long as no portion of the purchased Virtual Currency has been used, except as otherwise required under applicable law. You acknowledge that the Company retains the right to suspend or completely eliminate the right to refunds if End Users abuse this policy (e.g., repeated refunds for the same product). Refunds for real currency will only be issued to the same form of payment used to purchase the Virtual Currency. Please ensure that the same form of payment can be used to receive refunds.

Company takes chargebacks very seriously and works hard to prevent them from occurring. If you find you need to issue a dispute for a credit card transaction, please reach out to Player Support first so we can work towards finding a resolution. End Users acknowledge that once a chargeback occurs, Company will first suspend the End User Account associated with the chargeback request. The affected End User may only regain access to their Account by contacting Player Support and repaying the amount due. To maintain the security of End User Accounts, we may treat fraud alerts and requests for information (e.g., cardholder or card issuing bank querying the authenticity of the transaction) in the same way as chargebacks. If multiple chargebacks occur and are attributable to the same End User Account, Company reserves the right to permanently ban that Account.

Company reserves the right to modify this policy at any time without prior notice, but will endeavor to make reasonable efforts to be as transparent as possible with our End Users. If you have any questions or concerns, please do not hesitate to contact Player Support.

General Terms

Consent to Data Usage

Neither Company, nor any authorized agent on behalf of Company, will ever sell information that personally identifies you (“Personally Identifiable Information”) without your consent. We may be compelled to share or disclose Personally Identifiable Information by operation of law or to enforce our legal rights. In using the Game, you acknowledge that we may collect and store data from you or your device, as set forth in our Privacy Notice. The use of Personally Identifiable Information collected by us is predominately used for customer support, to analyze and improve the Game and features offered to consumers, as well as to provide the Services. Such information also helps us notify and provide End Users with important software support, updates, and dynamically served content, and in other quality control and assurance procedures aimed at maximizing your playing experience. SHOULD YOU NOT CONSENT TO THIS COLLECTION AND USE OF INFORMATION AS SET FORTH IN THIS AGREEMENT AND TERMS, YOU ARE STRONGLY URGED NOT TO DOWNLOAD, INSTALL OR USE THE GAME. For more information, please visit our Privacy Notice here: https://palia.com/privacy

U.S. Government End Users

The Game and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202-1 through 227.7202-4, as applicable. The Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government End Users (a) only as Commercial Items and (b) with only those rights as are granted to all other End Users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

Export Law Assurances

To the extent applicable, you may not use or otherwise export or re-export the Game except as authorized by United States law and the laws of the jurisdiction in which they were obtained. In particular, but without limitation, the Game may not be exported or re-exported (a) into (or to a nation or resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. By installing or using any component of the Game or related software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

DISCLAIMER

ALL INFORMATION, CONTENT, SERVICES, AND MATERIAL AVAILABLE IN THE GAME AND RELATED SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT. COMPANY MAKES NO WARRANTY WITH RESPECT TO THE QUALITY OR AVAILABILITY OF THE SOFTWARE AND GAME, INCLUDING, WITHOUT LIMITATION, THAT ACCESS TO ANY OF THEM WILL BE UNINTERRUPTED, CONTINUOUS, FREE FROM CYBERATTACKS AND/OR HACKS AND/OR CRACKS, VIRUS-FREE, ERROR FREE, RELIABLE, SECURE AND/OR COMPATIBLE WITH ANY PARTICULAR HARDWARE AND/OR SOFTWARE OR THE CONTINUED OPERATION OR AVAILABILITY OF ANY GIVEN SERVER, FEATURE, SERVICE, CONTENT, OR GAMEPLAY. COMPANY MAY CHANGE, MODIFY, SUSPEND OR REMOVE ANY SUCH SERVER, FEATURE, SERVICE, PORTIONS OF THE SOFTWARE, CONTENT AND/OR GAMEPLAY IN ITS SOLE DISCRETION AND WITHOUT ANY NOTICE TO YOU. COMPANY HEREBY DISCLAIMS ANY AND ALL OBLIGATIONS TO FURNISH ANY MAINTENANCE AND/OR SUPPORT SERVICES WITH RESPECT TO THE SOFTWARE AND GAME.

NO WARRANTIES

SINGULARITY 6 CORPORATION AND ITS DISTRIBUTORS DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE PRIVACY AND INTEGRITY OF THE COMPUTER OR OTHER RESOURCES YOU USE TO OPERATE THE SOFTWARE OR GAME. NEITHER WE NOR OUR DISTRIBUTORS SHALL BE LIABLE FOR ANY DISRUPTIONS, DELAYS OR OTHER OMISSIONS IN ANY CONNECTION, DATA EXCHANGE OR OTHER INTERACTION THAT YOU MAY EXPERIENCE WHEN YOU USE THE SOFTWARE OR GAME, REGARDLESS OF CAUSE (I.E., ANY SYSTEM FAILURE, SERVER ACCESS LOSS, OR DATA BREACH RESULTING FROM ANY CAUSE, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, NATURE OR OTHER CAUSES (BY WAY OF EXAMPLE, BUT BY NO MEANS A LIMITATION OF THE FOREGOING, EVENTS SUCH AS WAR, EMBARGO, OR ANY PANDEMIC CAUSED BY AN UNKNOWN INFECTION OR PATHOGEN). NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE RESPONSIBLE FOR THE CONDUCT OF ANY USERS OR COMPUTERS THAT CONNECT, EXCHANGE DATA, OR OTHERWISE INTERACT WITH YOU OR YOUR COMPUTER AS A RESULT OF YOUR USE OF THE SOFTWARE OR GAME.

LIMITATION OF LIABILITY

YOUR DOWNLOAD AND USE OF THE GAME IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT YOUR ABILITY TO PLAY THE GAME WILL BE TIMELY, SECURE, UNINTERRUPTED OR DEFECT-FREE. IN NO EVENT WILL WE (INCLUDING OUR OFFICERS, DIRECTORS, PERSONNEL, AGENTS, OR EMPLOYEES) NOR OUR AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OR LOSS OF DATA, OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT ARISING IN ANY WAY OUT OF DOWNLOAD OR USE OF THE GAME, OR PURCHASES MADE THEREIN.

Term and Termination

Term. This Agreement and these Terms are effective upon your first use of our Services and shall remain in effect until terminated or superseded by a new or updated version, or, if neither of the foregoing events occur, as long as you continue using our Services. In the event that we choose to amend the Agreement or Terms, cease providing the Services, or license to a third party the right to provide the Services, we are not required to provide notice to you. Neither the Services nor our provision of access to the Services shall be considered a rental or lease of time on the capacity of our servers or other technology.

Termination. We reserve the right to terminate this Agreement and these Terms at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, suspensions and terminations of the Services are generally the result of violations of this Agreement or the Terms. In case of minor violations of any of the rules set forth in either the Agreement or the Terms, you may, at our discretion, receive a prior warning and/or suspension due to your non-compliance prior to terminating the Agreement or Terms which may eventually lead to modification or deletion of your Account.

You are entitled to terminate this Agreement or these Terms at any time by discontinuing your use of the Services (i.e., terminate your Account with the relevant Platform or delete the Game).

Upon termination of this Agreement or the Terms, all licenses granted to you therein will immediately terminate without reimbursement or refund to you, including with respect to any amounts paid to the Platforms or retailer prior to termination, any right you may have had to the Game or Services is forfeit, and you agree and acknowledge that you are not entitled to any refund for any amounts which were paid on your Account prior to any termination of this Agreement and the Terms.

Dispute Resolution

Except in the event that injunctive or equitable relief is sought, you agree to follow the dispute resolution policy as set forth below in connection with any potential claims or disputes arising from your purchase and use of the Game:

Informal Negotiations. Parties to a dispute concerning this Agreement or the Terms or download and use of the Game will attempt to informally negotiate a potential settlement or resolution to the dispute.

Online Arbitration. In the event that informal negotiations are unsuccessful, the parties agree to final, confidential, and binding online arbitration administered by the Judicial Arbitration & Mediation Services, Inc. (“JAMS”: https://www.jamsadr.com/) pursuant to the Streamlined Arbitration Rules to resolve the dispute.

Binding Arbitration. If for any reason online arbitration is unsuccessful or unavailable to the parties, parties agree to submit to final, confidential, and binding arbitration in Los Angeles, California as administered by JAMS pursuant to the Streamlined Arbitration Rules.

You and Company agree that any arbitration shall be limited to the claim between Company and you individually. YOU AND COMPANY AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER.

Miscellaneous

Governing Law. This Agreement and the Terms shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement and Terms is expressly excluded. To the extent applicable, Users who access the Services from outside of the United States are responsible for compliance with all applicable local laws. You further agree that in the event of any controversy, claim or dispute arising out of or relating to this Agreement or the Terms, you and the Company each submit and consent to the personal jurisdiction of, and venue in, the California state courts located in Los Angeles, California, and to the federal courts therein.

Assignment. We may assign this Agreement and/or the Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not make any assignments without our prior written consent. Any assignment by you without our prior written consent shall be void.

Notices. Notices to you may be made by posting a notice (or a link to a notice) through the Game, by e-mail, or on our Website, at our sole and absolute discretion. Without limitation, you agree that a printed version of this Agreement and/or the Terms, and of any notice given in electronic form, will be admissible in judicial or administrative proceedings based upon or relating to this Agreement or the Terms, as applicable, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

No Waiver. Our failure to enforce a provision of this Agreement or the Terms shall not be construed as a (1) waiver of such provision, or (2) diminishment of any right to enforce such provisions. Further, we may choose to waive enforcement of a provision of this Agreement or the Terms in a particular instance; however, you are still obligated to comply with that waived provision in the future.

Force Majeure. We shall not be deemed in default of this Agreement or the Terms to the extent that performance of its obligations are delayed or prevented by reason of any act of God, any pandemic bacterial or viral infections, including without limitation, fire, natural disaster, accident, government order or law, including sanctions in connection with war, invasion, military operation or other armed hostilities (whether war is declared or not), terrorist threats or acts, riots or other civil unrest, warfare, embargo, strike, shortages of material or supplies, power outage or any other cause reasonably beyond our control.

Severability. If any part of this Agreement or the Terms are determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Agreement and Terms shall be given full force and effect.

Entire Agreement. This Agreement and the Terms, along with our other applicable agreements contained herein, constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.

Legal Fees. In the event that either party is required to obtain the assistance of an attorney in order to enforce the terms of this Agreement and/or the Terms, the party prevailing in such an enforcement action will be entitled to recovery of all reasonable attorney’s fees in connection with such action.

Survival. All provisions reasonably necessary to preserve any and all rights and available claims by us survive termination of this Agreement and the Terms for any reason.