TERMS OF SERVICE / USER AGREEMENT
Last Updated: 15 Jan 2021
This Agreement governs your access and use of products, content and services offered by TOWARDS MARS LIMITED, a limited liability company registered with the Registrar of Companies of the Republic of Cyprus under number ΗΕ 317478, and having its registered office situated at Diagorou 4, Kermia Building, 6th floor, Office 601, Nicosia, Cyprus (hereinafter "Towards Mars" or "Us" or "We"), such as game software and related updates, upgrades and features, and all online and mobile services, platforms, websites, and live events hosted by or associated with Towards Mars (collectively "TM Services").
BY USING TM SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE TM SERVICES. FOR RESIDENTS OF CERTAIN COUNTRIES, YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 13 TO RESOLVE ANY DISPUTES WITH US.
1. Use of TM Services
Consequently, to use the TM Services you must be eligible to use the TM Services for which you are registering and must be a resident of a country where use of TM Services is permitted.
You must be at least 13 years of age (or the minimum age of your country of residence) to use TM Services. If your age is between the relevant minimum age and 18 (or the age of majority where you live), you and your parent or legal guardian must review this Agreement together. Parents and legal guardians are responsible for the acts of children under 18 years of age when using the TM Services. We strongly recommend that parents and legal guardians familiarize themselves with parental controls on devices they provide their child.
You are responsible for the activity on your Account and your use of TM Services. Your Account or your use of TM Services may be suspended or terminated if someone else uses it to engage in activity that violates this Agreement.
Subject to your agreement and continuing compliance with this Agreement and any other Towards Mars’ related policies, Towards Mars grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the TM Services for your own non-commercial entertainment purposes. You undertake an obligation not to use the TM Services for any purposes other than personal entertainment purposes.
The following restrictions apply to your use of the TM Services:
(a) You accept full responsibility for any unauthorized use of the TM Services by minors. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal) by minors.
(b) You shall not (or attempt to) purchase, sell, rent, or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the TM Services if you have previously been removed by TM, or previously been banned from playing any Towards Mars game.
(c) You shall use your Account only for non-commercial, entertainment purposes; You shall not use the TM Services to advertise, solicit or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.
You may be required to select a password for your Account, or you may use other credentials to access your Account ("Login Information"). You shall not share your Account or Login Information with anyone, nor let anyone else access your Account or do anything else that might threaten the security of your Account. If you become aware of or reasonably suspect any breach of security of your Account, including, but not limited to loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Towards Mars accordingly and modify your Login Information. You are solely responsible for maintaining of confidentiality of the Login Information. You will be responsible for all actions performed with the use of your Login Information, including purchases, whether they have been authorized by you or not.
Towards Mars reserves the right at its discretion, to remove or reclaim any username at any time and for any reason, including but not limited to claims by a third party that a username violates the third party's rights.
The TM Services supports only one Account per game on a supported device.
4. License Limitations
Any use of the TM Services in violation of these License Limitations is strictly prohibited and can result in immediate revocation of your limited license, and may subject you to liability for violations of law. When you access or use the TM Services, you agree that you will not under any circumstances:
§ Engage in any act that Towards Mars deems to be in conflict with the spirit or intent of the TM Services or make improper use of Towards Mars's support services.
§ Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, emulators, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the TM Services, any Towards Mars game or any Towards Mars game experience.
§ Modify or cause to be modified any files that are a part of the TM Services or any Towards Mars game without Towards Mars's express written prior consent.
§ Disrupt, interfere with or otherwise adversely affect the normal flow of the TM Services or otherwise act in a manner that may negatively affect other users' experience when using the TM Services or playing Towards Mars's games. This includes taking advantage of errors in the TM Services to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the TM Services.
§ Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server ("Server") used to offer or support the TM Services or any Towards Mars game environment.
§ Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the TM Services, or other attempts to disrupt the TM Services or any other person's use or enjoyment of the TM Services.
§ Attempt to gain unauthorized access to the TM Services’ Accounts registered to others or to the computers, servers, or networks connected to the TM Services by any means other than the user interface provided by TM, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the TM Services.
§ Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, 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, group, including Towards Mars employees and customer service representatives.
§ Make available through the TM Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Towards Mars employee.
§ Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the TM Services or any Towards Mars game, or to obtain any information from the TM Services or any Towards Mars game using any method not expressly permitted by TM.
§ Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the TM Services or any Towards Mars game.
§ Collect or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the TM Services.
§ Use any Towards Mars game for gambling, betting or any similar activity in which prizes or rewards can be won (directly or indirectly), including betting on the outcome of matches in which you participate as a player, irrespective of whether or not there is a fee or stake involved.
If you or someone using your Account violates any of the above License Limitations and fails to remedy this violation after a warning, we may take action against you, including revoking access to certain or all TM Services, or terminating your Account as described in Section 5. In case of severe violations, we may take these actions without issuing a prior warning. Some examples of severe violations include, but are not limited to: promoting, encouraging or engaging in hacking, selling Accounts or entitlements (including virtual currencies and items) without TM’s permission, extreme harassment, or threatening illegal activities. When practical, TM will notify you of the action it will take in response to violations of these rules or breach of this Agreement.
Specific TM Services may post additional rules that apply to your conduct on those services.
TM may, in its discretion, monitor or record online activity or content on TM Services and may remove any content from any TM Service at its sole discretion.
5. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, TOWARDS MARS MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE TM SERVICES OR PORTIONS THEREOF IF YOU ARE, OR TOWARDS MARS SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THIS AGREEMENT OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE TM SERVICES, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USERNAME AND PERSONA IN THE TM 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 TM SERVICES, AND TOWARDS MARS IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE TM SERVICES AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR 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 TM SERVICES IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.
TOWARDS MARS RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Towards Mars reserves the right to stop offering and/or supporting the TM Services or a particular game or part of the TM Services at any time, at which point your license to use the TM Services or a part thereof will be automatically terminated. In such event, Towards Mars shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service.
Termination of your Account can include disabling your access to the TM 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 following the process described on our support page located at https://support.towardsmars.com/ informing Towards Mars that you wish to terminate your Account.
6.1. Games and Service
All rights, title and interest in and to the TM Services (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Towards Mars game client, and the TM game clients and server software) are owned by TM. Towards Mars reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the TM Services.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO YOUR ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF TOWARDS MARS.
6.3. Virtual Items
Towards Mars owns, has licensed, or otherwise has rights to use all of the content that appears in the TM Services or in Towards Mars games. 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 TM Services, including without limitation the virtual goods or currency appearing or originating in any Towards Mars game, whether earned in a game or purchased from Towards Mars, or any other attributes associated with an Account or stored on the TM Services.
7. User Content
7.1. Submission of User Content
"User Content" means any Towards Mars’ game-related communications, images, sounds, and all the material, data, and information that you upload or transmit through a Towards Mars game client or the TM Services, as well as other third-party services and platforms, including, but not limited to YouTube, Twitch, Facebook, Instagram, Twitter and the like, or that other users upload or transmit through above services and platforms, including without limitation any chat text.
7.2. Content Screening
Towards Mars assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the TM Services for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the TM Services is at your own risk. By using the TM 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 TM Services. At our discretion, our representatives or technology may monitor and/or record your interaction with the TM Services or communications (including without limitation chat text) when you are using the TM Services.
By entering into this Agreement, 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.
Towards Mars 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 Towards Mars chooses, in its sole discretion, to monitor the TM Services, Towards Mars nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
8. Information Use by Other Members of the TM Services
8.1. Public Discourse
The TM Services may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Towards Mars 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 TM Services. Towards Mars shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
8.2. Responsibility for Your Own Content
You are solely responsible for the information that you post on, through or in connection with the TM Services and that you provide to others. Towards Mars may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Towards Mars violates this Agreement.
8.3. Your License to TM
You hereby grant to TM an 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, 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 TM Services, including marketing and promotions of the TM Services.
You also hereby grant to TM the right to authorize others to exercise any of the rights granted to TM under this Agreement. You further hereby grant to TM 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. Towards Mars does not claim any ownership rights in your User Content and nothing in this Agreement is intended to restrict any rights that you may have to use and exploit your User Content. Towards Mars has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
8.4. User Interactions
You are solely responsible for your interactions with other users of the TM Services and any other parties with whom you interact through the TM Services and/or Towards Mars games. Towards Mars reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Towards Mars to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Towards Mars access to any password-protected portions of your TM Account.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, 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 dispute.
9. Fees and Purchase Terms
In the TM Services you may purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable license to use: (a) "virtual currency", including but not limited to virtual cash or shards, all for use in Towards Mars games; (b) "virtual in-game items" (together with "virtual currency", "Virtual Items"); and (c) other goods or services ("Merchandise"). You are only allowed to purchase Virtual Items from us or our authorized partners through the TM Services, and not in any other way.
TM may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time and at its own discretion, with or without notice. Towards Mars shall have no liability to you or any third party in the event that Towards Mars exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the TM Services. Other than as expressly authorized in the TM Services, you shall not sell, purchase, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity or attempt any of the aforesaid, including but not limited to TM, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE TM SERVICES ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in Towards Mars games is a service provided by TM that commences immediately upon acceptance by TM of your purchase.
9.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Towards Mars may revise the pricing for the goods and services offered through the TM Services at any time. YOU ACKNOWLEDGE THAT TOWARDS MARS 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.
10. Availability of TM Services and Updates
We do not guarantee that any TM Service will be available at all times, in all locations, or at any given time or that we will continue to offer a particular TM Service for any particular length of time. TM does not guarantee that TM Services can be accessed on all devices, by means of a specific Internet or connection provider, or in all geographic locations.
From time to time, TM may update, change or modify a TM Service, without notice to you. These updates and modifications may be required in order to continue to use TM Services. You may need to update third party software from time to time in order to receive the Service and play Towards Mars games.
TM may need to update or reset certain parameters to balance game play and usage of TM Services. These updates or "resets" may cause you setbacks within the relevant game world and may affect characters, games, or groups.
11. Disclaimer of Warranties
WITHOUT LIMITING TOWARDS MARS'S LIABILITY UNDER SECTION 12 BELOW, THE TM SERVICES IS 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. TOWARDS MARS DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE TM SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE TM SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE TM SERVICES 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.
12. Limitation of Liability; Sole and Exclusive Remedy; Indemnification
IF YOU LIVE IN THE EUROPEAN ECONOMIC AREA (EEA) OR SWITZERLAND, THE TM SERVICES WILL BE PROVIDED WITH REASONABLE CARE AND SKILL AND NO OTHER PROMISES OR WARRANTIES ABOUT THE TM SERVICES ARE MADE. IF YOU LIVE OUTSIDE THE EEA AND SWITZERLAND, TM SERVICES ARE LICENSED AND PROVIDED "AS IS." YOU USE THEM AT YOUR OWN RISK. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, TM GIVES NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR PRACTICE. TM DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PRODUCT OR TM SERVICE; THAT THE TM SERVICE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE TM SERVICE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, BUGS, CORRUPTION, LOSS, INTERFERENCE, HACKING OR VIRUSES, OR THAT TM SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE. ΤΜ DOES NOT WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED VIA APPLE STORE OR GOOGLE PLAY.
IF YOU LIVE IN THE EEA OR SWITZERLAND, TM AND ITS EMPLOYEES, LICENSORS AND BUSINESS PARTNERS WILL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES ARISING FROM YOUR ACTIONS OR BREACH OF THIS AGREEMENT, OR WHICH ARISE AS A RESULT OF A THIRD PARTY'S (OR ANY OTHER) ACTS OR OMISSIONS BEYOND OUR CONTROL. IF YOU LIVE OUTSIDE THE EEA AND SWITZERLAND, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, TM AND ITS EMPLOYEES, LICENSORS AND BUSINESS PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES THAT WERE NOT CAUSED BY TM'S BREACH OF THIS AGREEMENT, OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES. THE TYPES OF EXCLUDED DAMAGES INCLUDE, FOR EXAMPLE, FINANCIAL LOSS (SUCH AS LOSS INCOME OR PROFITS), COST OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION OR STOPPAGE, LOSS OF DATA, LOSS OF GOODWILL, AND COMPUTER FAILURE OR MALFUNCTION. THIS LIMITATION APPLIES TO ANY CLAIM ARISING OUT OF OR RELATED TO THIS LICENSE OR TM SERVICE, WHETHER BASED IN CONTRACT, TORT, STATUTE, STRICT LIABILITY OR OTHERWISE. IT ALSO APPLIES EVEN IF TM KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGE. YOU MAY RECOVER ONLY DIRECT DAMAGES IN ANY AMOUNT NO GREATER THAN WHAT YOU ACTUALLY PAID FOR THE APPLICABLE TM SERVICE. TM DOES NOT LIMIT ITS LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILFUL MISCONDUCT, OR FOR DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE ABOVE EXCLUSIONS AND LIMITATIONS, SO SOME OR ALL OF THEM MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold TM (and our officers, directors, agents, subsidiaries, 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 TM Services, or any breach by you of this Agreement, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
13. Dispute Resolution and Binding Arbitration
This Section 13 is an agreement between you and TM, and applies to our respective agents, employees, subsidiaries, predecessors, successors, beneficiaries and assigns. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR) governs the interpretation and enforcement of this Section 13 and any arbitration carried out under this Section. This Section 13 shall be interpreted broadly and shall survive termination of this Agreement.
All disputes, claims or controversies arising out of or relating to this Agreement, any TM Service and its marketing, or the relationship between you and TM, including the validity, enforceability, and scope of this Section 13 ("Disputes"), shall be determined exclusively by binding arbitration. This includes claims that accrued before you entered into this Agreement. The only Disputes not covered by this Section 13 are claims regarding the infringement, protection or validity of your, TM's or TM's licensors' trade secrets, copyright, trademark or patent rights.
You and TM shall first attempt to resolve any Dispute informally for at least 30 days before initiating arbitration. The informal negotiations begin upon receipt of written notice from one party to the other ("Notice of Dispute"). The Notice of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought. TM will send its Notice of Dispute to your billing or email address. You will send your Notice of Dispute to our customer support site at https://support.towardsmars.com/
If you and TM cannot resolve a Dispute informally, you or TM may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be administered by the Cyprus Consumer Center for Alternative Dispute Resolution.
YOU AND TM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AS TO ALL DISPUTES. The arbitrator shall not consolidate another person's claims with your claims and shall not preside over any type of representative or class proceeding.
14. Governing Law
This Agreement is between you and TOWARDS MARS LIMITED, a limited liability company registered with the Registrar of Companies of the Republic of Cyprus under number ΗΕ 317478, and having its registered office situated at Diagorou 4, Kermia Building, 6th floor, Office 601, Nicosia, Cyprus. The laws of the Republic of Cyprus, excluding its conflicts-of-law rules, govern this Agreement and your use of TM Services. You expressly agree that for claims and disputes not subject to the arbitration agreement above, exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or TM Services shall be the District Court of Nicosia, Cyprus, and you expressly consent to the exercise of personal jurisdiction of such court.
The UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute arising out of or relating to this Agreement.
15. Use of Data
When you use a TM Service, TM may collect and store data from your computer or device, including information about your computer or device, hardware, installed software, and operating system (such as IP Address and device ID), information about your TM Service usage, gameplay and usage statistics, system interactions and peripheral hardware. If you play a TM Service offline, this data will be stored on your device and transmitted to TM when your device connects to the Internet. TM uses this information to operate its business, improve its products and services, provide services to and communicate with you (including for marketing purposes), provide software updates, dynamically serve content and software support, enforce this Agreement, and trouble-shoot bugs or otherwise enhance your experience. If you participate in online services, TM also may collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings and achievements), or identify content that is created and shared by you with other players.
17. Changes to this Agreement
TM may modify this Agreement from time to time. You undertake an obligation to review the current version of the Agreement frequently. For TM players who accepted a previous version of this Agreement, the revisions will become effective 30 days after posting at https://static.towardsmars.com/legal/user-agreement.html. Your continued use of TM Services means you accept the changes in this Agreement and understand and agree to the terms and conditions of the current version of the Agreement.
18. General Provisions
18.2. Supplemental Policies
Towards Mars may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and this Agreement.
18.3. Entire Agreement, binding version
Only the original English-language version of this Agreement is legally binding.
18.4. No Waiver
Except as expressly and specifically set forth in this this Agreement, no representations, statements, consents, waivers, or other acts or omissions by TM shall be deemed a modification of this Agreement nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Towards Mars.
18.6. Equitable Remedies
You acknowledge and agree that the rights granted, and obligations made under this Agreement to TM are of a unique and irreplaceable nature, the loss of which shall irreparably harm Towards Mars. You acknowledge and agree that they cannot be replaced by monetary damages alone so that Towards Mars 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 of this Agreement by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the TM Services or any Towards Mars game, including, but not limited to exploitation of any advertising or other materials issued in connection therewith, as well as exploitation of the TM Services or any Towards Mars’ content or other material used or displayed through the TM Services and agree to limit your claims to claims for monetary damages, limited by Section 12 (if any).
18.7. Force Majeure
TM shall not be deemed liable for any delay or failure to perform resulting from causes outside the reasonable control of Towards Mars, including, but not limited to any failure to perform hereunder due to unforeseen circumstances or cause beyond TM's control including but not limited to: act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods); war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition, or embargo; rebellion, revolution, insurrection, or military or usurped power, or civil war; contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly; riot, commotion, strikes, go slows, lock outs or disorder; or acts or threats of terrorism.