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Privacy Policy

Privacy Policy

Azumad

Effective 8 March 2021

In this Privacy Policy we explain:

  •     The ways we collect personal data about you and why we do so
  •     How we use your personal data, and
  •     The choices you have about your personal data.

This Privacy Policy applies to all of Azumad’s games, websites and other related services, collectively the “Services”. Please note that we may from time to time update this Privacy Policy by posting a new version on azumad.com. If we make any material changes, we will notify you by posting a notice in the Services prior to the change becoming effective. Your continued use of the Services after the effective date will be subject to the new Privacy Policy.

How to contact us

If you have questions about data protection or if you have any requests for resolving issues with your personal data, please use the email below.

Email: support@azumad.com

The personal data we collect

Data you provide us
  •     Player nickname
  •     Other data you choose to give us (such as information in player support tickets)
Data we collect automatically
  •     Your IP address and mobile device identifiers (such as your device ID, advertising ID, MAC address and IMEI)
  •     Data about your device, such as device name and operating system, browser type and language
  •     Data we collect with cookies and similar technologies (see more below)
  •     Coarse location data (country or city-specific)
  •     We also may create a Azumad and/or game-specific ID for you when you use the Services
Data we collect from our partners
  •     Data we receive if you link a third-party tool with the Services (such as login using your Facebook or Google account)
  •     Demographic data (such as to determine the coarse location of your IP address)
  •     Data to fight fraud (such as refund abuse in games)
  •     Data from platforms that the games run on (such as to verify payment)
  •     Data for advertising and analytics purposes, so we can keep improving our games

Why we collect your data

To make the Services functional (performance of contract)

We process data necessary to

  •     Create accounts and allow you to play our games and use our Services
  •     Operate the Services
  •     Verify and confirm payments
  •     Provide and deliver products and services you request
  •     Send you communication related to the Services
To make the Services more enjoyable for our players (legitimate interests)

We collect and process necessary data to

  •     Update and develop player profiles
  •     Develop and improve the Services and player experience
  •     Manage our relationship with you
  •     Provide social features as part of the Services
  •     Customize your Service experience
  •     Respond to your comments and questions and provide player support
  •     Provide you offers in the Services related to other Azumad products and services
  •     Send you related information, such as updates, security alerts, and support messages
  •     Enable you to communicate with other players
To keep the Services safe and fair (legitimate interests)

Ensuring a level playing field in the Services is a top priority for us.

In order to keep the Services and their social features safe and fair, to fight fraud and ensure acceptable use otherwise, we have a legitimate interest to process necessary data to

  •     Analyze and monitor use of the Services and its social features
  •     Moderate chats either automatically or manually
  •     Take action against fraudulent or misbehaving players
To show personalized advertisements (consent)

With your separate consent we collect, process and transfer to our third-party partners personal data to:

  •     Track the content you access in connection with the Services and your online behavior
  •     Deliver, target and improve our advertising and the Services
To analyze, profile and segment anonymized data

In all of the above cases and purposes, we may analyze, profile and segment all collected data in anonymized form.

With your consent

With your consent, we may process your data for additional purposes, such as using your location based on your IP address to show you local events.

Who can access your data

Apart from Azumad, your data can be accessed by others in the following situations:

Other players and users

Social features are a core component of our games. Other players and users may, for example, see your profile data, in-game activities and read the messages you have posted.

Partners working for Azumad

Azumad has partners to perform certain services on our behalf. These partners process your data only at and according to Azumad’s instructions in order to provide the Service, such as hosting, player support, advertising, analytics and fraud prevention.

Other companies and public authorities

In order to combat fraud and illegal activity, we may exchange data with other companies and organizations and provide it to public authorities in response to lawful requests.

We may also disclose your data based on your consent, to comply with the law or to protect the rights, property or safety of us, our players or others.

Advertising and game activity partner

The Services include features from our partner Google, such as game activity tools and in-game advertising. This partner may access your data and operate under their own privacy policies. We encourage you to check their privacy policy to learn more about their data processing practices.

International data transfers

Our Services are global by nature and your data can therefore be transferred to anywhere in the world. Because different countries may have different data protection laws than your own country, we take steps to ensure adequate safeguards are in place to protect your data as explained in this Privacy Policy. Adequate safeguards to ensure your rights include utilizing and enforcing the Standard Contractual Clauses approved by the EU Commission.

Your rights and options

Your rights regarding your personal data

You have the right to a copy of your personal information to be supplied to you in an electronic format upon request.

You also have the right to correct your data, have your data deleted, object to how we use or share your data, and the right to restrict how we use or share your data. If certain personal data is processed based on consent given by you, such consent can also be withdrawn by you at any time, for example in the applicable game’s settings.

We will respond to all requests within a reasonable time frame. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact your local data protection authority within the European Economic Area for unresolved complaints.

You can contact us at support@azumad.com.

Opt-out of targeted advertising

You can always opt-out of directed advertising in our games by checking the privacy settings of your device. Please review your device’s user manual on how to do so.

Cookies and similar technologies

Some of our online Services use cookies and similar technologies to provide and personalize the Services, analyse use, target advertisements and prevent fraud. You can disable cookies in your browser or device’s settings, but some parts of the Services may then not function properly.

How we protect your data

Security Safeguards

In order to help ensure a secure and safe player experience, we are continuously developing and implementing administrative, technical and physical security measures to protect your data from unauthorized access or against loss, misuse or alteration.

Data retention

We retain your data for as long as your account is active or as needed to provide you the Services. We will for example periodically de-identify unused game accounts and we regularly review and anonymize unnecessary data.

Note that if you ask us to remove your personal data, we will retain your data as necessary for our legitimate business interests, such as to comply with our legal obligations, resolve disputes, and enforce our agreements.

Your personal data is deleted or anonymized automatically after two years of account inactivity. Certain data such as payment data may be stored for periods longer than this in accordance with applicable accounting laws.

(End User License Agreement)

TERMS OF SERVICE

8th March 2021

Welcome to use the services of Azumad (“Azumad” or “We”). These Terms of Service (“Terms”) apply to the use of all services provided by Azumad, including games developed and/or published by Azumad, Azumad’s and aforementioned games’ web pages and other services, such as applications or any social functions of the aforementioned services or any other services Azumad has attached these Terms to (“Services”). These Terms govern the relationship between you and Azumad  regarding your use of the Services. By downloading, installing, accessing or using any part of the Services you agree to these Terms and agree to be bound by these Terms. Use of the Services is also governed by Azumad’s Privacy Policy and other relevant policies, which are incorporated herein by reference. These Terms along with Azumad’s Privacy Policy affect your legal rights and obligations. If you do not agree to these Terms, you may not access or use the Services.

Before accessing or using the Services, you must agree to these Terms of Service, Azumad’s Privacy Policy and other relevant policies. By using the Services you represent that you are age 13 or older. If you are between the ages of 13 and 17, or a minor according to laws applicable to you, you represent that your legal guardian or legal representative has reviewed and agreed to these Terms and has given you permission to access and use the Services.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICES, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICES. USE OF THE SERVICES IS VOID WHERE PROHIBITED.

Azumad reserves the right to make changes to these terms at any time. Your continued use of the Services will be deemed to confirm your acceptance of the updated terms. In addition to these Terms, you agree to abide by any supplemental policies of the Services, such as policies related to specific services (including without limitation forums, chats, contests or sweepstakes) as well as all other related operating rules or policies, each of which is incorporated by reference where applicable.

When you access the Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using the Services may be prohibited or restricted by your network provider and the some or all parts of the Services may not work with your network provider or device.

  1. License

Subject to you agreeing to these Terms and your continued compliance with these Terms and any other relevant policies, Azumad grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Services for your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose.

The Services are provided to you for your personal and non-commercial use only. You shall not sell, rent or give away your access to the Services, create Services accounts by using false identities or information, or on behalf of someone other than yourself. You shall not use the Services if you have previously been removed from using any part of the Services by Azumad, or previously been banned from playing any Azumad game.

You may be required or given the choice to create a user account and/or choose a username for your use in the Services. Azumad reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to offensive names or due to claims by a third party that a username violates such third party’s rights.

By default the Services support only one player account per game on a supported device. Additionally, the Services may not support using a single account across multiple devices.

  1. License Limitations

Your use of the Services is strictly tied to your compliance with these Terms. Any use of the Services in violation with these Terms is strictly prohibited and can result in the immediate revocation of your limited license and may subject you to liability towards Azumad or liability for violations of law.

You agree that you will not, under any circumstances:

  •     use the Services for fraudulent or abusive purposes (including, without limitation, by using the Services to impersonate any person or entity, or otherwise misrepresent Azumad’s affiliation with any person, entity or the Services);
  •     disguise, anonymize or hide your IP address or the source of any material or content that you upload into the Services;
  •     interfere with or disrupt the Services, servers or networks that provide the Services;
  •     attempt to decompile, reverse engineer, disassemble or hack any of the Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by Azumad;
  •     post any information that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behaviour, such as by repeatedly posting information on an unsolicited basis;
  •     post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
  •     attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person or group, including but not limited to Azumad employees and Azumad customer service representatives;
  •     solicit or attempt to solicit login information or any other login credentials or personal information from other users of the Services;
  •     ‘harvest’, ‘scrape’, collect or post any information about or regarding other people that use the Services, including, but not limited to any personal data or information (including but not limited to ‘pixel tags’ cookies, graphics interchange formats (‘gifs’) or similar items a.k.a ‘spyware’ or ‘pcms’ (passive collection mechanisms);
  •     disrupt the normal flow of a game or otherwise act in a manner that is likely to negatively affect other players’ ability to compete fairly when playing the games;
  •     institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Services, or other attempts to disrupt the Services or any other person’s use or enjoyment of the Services;
  •     disobey any requirements or regulations of any network connected to the Services;
  •     circumvent technological measures designed to control access to, or elements of, the Services; or
  •     do anything else that Azumad deems not to be within the spirit of fair play or intent of the Services.

You acknowledge and agree that you are solely responsible for your actions in the Services and actions made in the Services using your player account or device.

Azumad reserves the right to determine what conduct it considers to be in violation of these Terms or other rules of the Services, or otherwise outside the intent or spirit of these Terms of Service or the Services. Azumad reserves the right to take action as a result, which may include terminating your access to the Services in whole or in part.

  1. Suspension and Termination of Account and Service

WITHOUT LIMITING ANY OTHER REMEDIES, AZUMAD MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE PLAYER ACCOUNTS OR ACCESS TO THE SERVICES OR PORTIONS THEREOF IF YOU ARE, OR AZUMAD SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICES, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA IN THE SERVICES AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICES, AND AZUMAD IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, AZUMAD MAY LIMIT, SUSPEND OR TERMINATE THE SERVICES AND PORTIONS THEREOF, PROHIBIT ACCESS TO THE SERVICES’ GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICES IF AZUMAD BELIEVES THAT THE USERS ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THESE TERMS OR OTHER POLICIES. ADDITIONALLY, AZUMAD MAY, IN APPROPRIATE CIRCUMSTANCES AND AT ITS SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO AZUMAD BELIEVERS MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

AZUMAD RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

Azumad reserves the right to stop offering and/or supporting the Services or a particular game or part of the Services at any time, at which point your license to use the Services or a part thereof will be automatically terminated. In such event, Azumad shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services.

Termination of your account can include disabling your access to the Services or any part thereof including any content you submitted or others submitted.

You may terminate your account at any time and for any reason by contacting our customer support at support@azumad.com.

  1. Third-Party Services and Material

The Services may contain links to websites or services operated by third parties or feature content which is made available by third-party services and enable you to access and use certain third-party services (such as video sharing services). Use of any websites or services operated by third parties, third-party services and/or content in third-party services shall be, in addition to these Terms, subject to the relevant third-party service provider’s terms and conditions applicable to use of such third-party services or the applicable license(s) under which any such content is made available. Azumad assumes no responsibility for such third-party services and/or content in third-party services.

These Terms shall be in addition to (and take precedence over where not prohibited) any terms and conditions, applicable to the distribution platform (such as the application stores Apple App Store, Google Play or Microsoft Store) through which you are acquiring the Services, agreed to between you and the relevant third-party entity.

  1. Ownership
  1. Intellectual Property Rights

All rights, title and interest in and to the Services (including without limitation any games, titles, computer code, themes, objects, characters, names, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, moral rights, documentation, in-game chat transcripts, recording of games played using Azumad’s game clients and Azumad’s game clients and server software) (“Azumad Property”) are owned by or licensed to Azumad, subject to copyright and other intellectual property rights under UK and foreign laws and international conventions. Azumad reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service. Except as expressly provided in the Terms, Azumad does not grant any express or implied rights to the Azumad Property.

  1. Accounts

YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY SERVICES ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF AZUMAD.

  1. Virtual Items

Azumad owns, has licensed, or otherwise has rights to use all of the content that appears in the Services. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Services, including without limitation the virtual goods or currency appearing or originating in any part of the Services, whether earned in a game or purchased, or any other attributes associated with an account or stored on the Services.

  1. User Content

“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit to the Services, or that other users upload or transmit, including without limitation, any chat text. By transmitting or submitting any User Content while using the Services, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential or misleading; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Azumad in accordance with its Privacy Policy.

Azumad assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Services for inappropriate content or conduct. Azumad does not, and cannot, pre-screen or monitor all User Content. Your use of the Services is at your own risk. By using the Services, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Services. At our discretion, our representatives or technology may monitor and/or record your interaction with the Services or communications (including without limitation chat text) when you are using the Service.

By agreeing to these Terms, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.

Azumad reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If at any time Azumad chooses, in its sole discretion, to monitor the Services, Azumad nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. Azumad has the right, but not the obligation, in its sole discretion to edit, refuse to post, or remove any User Content.

  1. Public Discourse

The Services may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Azumad cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Services. Azumad shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

  1. Responsible for Your Own Content

You are solely responsible for the information that you post on, through or in connection with the Services and that you provide to others.

  1. Your License to Azumad

You hereby grant to Azumad an unlimited, irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, commercially exploit, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Services, including marketing and promotions of the Services. You also hereby grant to Azumad the right to authorize others to exercise any of the rights granted to Azumad under these Terms. You further hereby grant to Azumad the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Azumad does not claim any ownership rights in your User Content and nothing in these Terms is intended to restrict any rights that you may have to use and exploit your User Content. Azumad has no obligation to monitor or enforce your intellectual property rights to your User Content.

  1. User Interactions

You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services. Azumad reserves the right, but has no obligation, to become involved in any way with these disputes. You shall fully cooperate with Azumad to investigate any suspected unlawful, fraudulent or improper activity.

If you have a dispute with one or more users, you release Azumad (and its officers,directors, agents, affiliates, parent companies, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

  1. Social Media and Game Content

With the limitations set in these Terms, you have the right to upload captions (such as audio, video and screenshots) of the Services to social media services (such as Facebook), online video services (such as YouTube), online picture sharing services (such as Instagram). All such material must be uploaded without editing them in a way that misrepresents the Services or any games included in the Services.

  1. Fees and Purchase Terms
  1. Purchases

In the Services you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to (a) use “virtual currency”, including but not limited to virtual cash or gems, all for use in the Services; (b) use “virtual in-game items” (together with “virtual currency”, “Virtual Items”) in the Services; and (c) gain access to additional functionalities in the Services via paid subscription. You are only allowed to purchase Virtual Items and subscriptions from us or our authorized partners through the Services, and not in any other way.

Azumad may manage, regulate, control, modify or eliminate Virtual Items and the functionalities accessed via paid subscriptions at any time, with or without notice. Azumad shall have no liability to you or any third party in the event that Azumad exercises any such rights.

The transfer of Virtual Items is explicitly prohibited. You shall not sell, purchase, redeem or otherwise transfer Virtual Items to any person or entity or attempt any of the aforesaid, including but not limited to Azumad, another user or any third party.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS AND SUBSCRIPTIONS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.

The provision of Virtual Items or paid subscriptions for use in the Services is a service provided by Azumad that commences immediately upon acceptance by Azumad of your purchase.

  1. Payment of Fees

You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. Azumad may revise the pricing for the goods and services offered through the Services at any time. YOU ACKNOWLEDGE THAT AZUMAD IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

  1. Updates to the Service

You understand that the Services are constantly changing and evolving. Azumad may require that you accept updates to the Services, such as via installing updates to game clients installed on your device. You acknowledge and agree that Azumad may update the Services, with or without notifying you. You may need to update third party software or your device hardware from time to time in order to access and use the Services.

  1. Beta tests

Azumad may offer to you a chance to participate in beta tests (open or closed) of certain parts of the Services. Your participation into such beta tests may be subject to a separate non-disclosure agreement and/or supplemental policies.

By applying to and/or participating in beta tests you acknowledge and accept that:

Due to the unfinished and experimental nature of the beta tested parts of the Services Azumad may not provide any customer service or assistance regarding such parts of the Services. The parts of the Services being beta tested may be nonfunctional on some devices regardless of their listed hardware or software requirements or specifications.

Any in-app purchases, items, equipment, experience points, in-game currency and other such content may be periodically reset by Azumad during the course of the beta tests. Azumad offers no refunds for any such lost content.

Any feedback or idea submitted by you to Azumad regarding the beta tested parts of the Services may be utilized by Azumad without any compensation to you. By submitting or creating any material, content (such as in-game user-created content) or feedback regarding the beta tested parts of the Services you grant to Azumad an unlimited, sublicensable, fully paid up, nonexclusive and transferable license to utilize such material, content and/or feedback in its business.

Your application to participate in beta tests does not entitle you to be invited to, or to participate in any beta test offered by Azumad.

9.Personal data and Security

Azumad’s use of your personal data is governed by Azumad Privacy Policy. You approve to the processing of your personal data in accordance with the Azumad Privacy Policy by downloading, installing, accessing or using the Services.

Azumad takes appropriate measures to prevent unauthorized access to, improper use of and the reasonable accuracy of your personal data submitted to Azumad via the Services. We use various technologies, including, in certain instances, encryption, to ensure the high security standards. Any data that is stored on Azumad servers is not generally available to the public. However, the use of internet services always includes security risks.

10.Disclaimer of Warranties

WITHOUT LIMITING AZUMAD’S LIABILITY UNDER SECTION 11 BELOW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. AZUMAD DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.

11.Limitation of Liability; Sole and Exclusive Remedy; Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AZUMAD SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AZUMAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, AZUMAD SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO AZUMAD IN ACCORDANCE WITH THESE TERMS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO AZUMAD DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND AZUMAD’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH AZUMAD IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.

NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF AZUMAD OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF AZUMAD.

You agree to indemnify, defend and hold Azumad (and Azumad’s officers, directors, agents, affiliates, subsidiaries, parent companies, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Services, or any breach by you of these Terms, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

  1. Dispute Resolution and Law

If a dispute arises between you and Azumad, we strongly encourage you to first contact our customer support at support@azumad.com to seek a resolution. All disputes between you and Azumad shall be governed by UK Laws, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Azumad must be resolved exclusively by a court located in London, UK.

The above paragraph does not limit your statutory rights. Consumer protection legislation applicable to you may allow you to bring your claim or dispute to a different court.

If you are a resident of the European Union, you may have the right to bring your claim or dispute to an Online Dispute Resolution body. More information on this can be found at https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

  1. Severability

You and Azumad agree that if any portion of these Terms, Azumad’s Privacy Policy or any supplemental terms are found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

  1. General Provisions
  1. Assignment

Azumad may assign or delegate these Terms, the Azumad Privacy Policy and/or other applicable policies, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms, the Privacy Policy or other policies without Azumad’s prior written consent.

  1. Supplemental Policies

Azumad may publish additional or supplementary policies or terms related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms.

  1. Entire Agreement

These Terms, the Azumad Privacy Policy and any additional or supplemental policies and any documents expressly incorporated by reference herein, contain the entire understanding of you and Azumad, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Services.

  1. Region-specific terms

Effective January 1, 2020 applying to California residents: California Consumer Privacy Act requires that Azumad maintains a separate web page that allows you to opt out of the sale of your personal information. As Azumad does not track you between its services, please check each individual Azumad service you have used to find out how to adjust your privacy settings in that service. Please note that Azumad does not sell your personal information to third parties without your prior consent (opt-in).

  1. No Waiver

The failure of Azumad to require or enforce strict performance by you of any provision of these Terms or the Azumad Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Azumad’s right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by Azumad of any provision, condition, or requirement of these Terms or the Azumad Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in this these Terms, no representations, statements, consents, waivers, or other acts or omissions by Azumad shall be deemed a modification of these Terms nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Azumad.

  1. Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms to Azumad are of a unique and irreplaceable nature, the loss of which shall irreparably harm Azumad and which cannot be replaced by monetary damages alone so that Azumad shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages, limited by Section 11, if any.

  1. Force Majeure

Azumad shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Azumad, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Azumad’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.

Contact information:

Azumad

Email: support@azumad.com

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