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Terms Of Use

Last Revised: October 1, 2023
 

These terms and conditions ("Terms") form a binding agreement between Okami Games Ltd. ("Okami", "we" or "us") and you ("you", or the “User”). They set the rules for your use of any of Okami's games and other mobile applications (“Games”), sites and related services (collectively, including Games, shall be designated as the “Service”). 


You undertake to resolve any dispute related to the Service only via final and binding individual arbitration, and waive the right to pursue any class, collective, group or representative claim or dispute resolution proceeding. See Section 20 below for further details.


BY ACCESSING THE SERVICE YOU MANIFEST YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND BY OKAMI’S PRIVACY POLICY. IF YOU DO NOT AGREE, YOU MAY NOT INSTALL, CONNECT TO, ACCESS OR OTHERWISE USE THE SERVICE, AND SHOULD CEASE ANY FURTHER USE.


Okami reserves the right to revise these Terms and its Privacy Policy periodically, and you agree to be bound by the revised versions. If at any point you do not agree to the revised versions in their entirety, your permission to use the Service shall terminate, and you agree to stop using the Service immediately. 


1. Service Eligibility: Location, Age and Legal Capacity


The Service is:


1.    Directed primarily to adults, 
2.    Made available only to individuals who are 16 and over (“Age Requirement”), and 
3.    Made available only to individuals located in the U.S.A., E.U., the U.K. and Canada (“Location Requirement”, and the locations shall be referred to as the “Territory”). 


By accessing the Service, you continuously represent that:

 

  1. You meet both the Age Requirement and the Location Requirement, 

  2. You are either (1) an adult who has the legal capacity to enter legally binding agreements, or (2) a minor over the age of 16, and you have a parent or guardian who can enter legally binding agreements on your behalf, and your parent or guardian has read, and agrees to, these Terms.

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Should your eligibility to use the Service cease at any point, your right to use it shall terminate. 


We reserve the right to ask for proof of age and parental or guardian consent, and to deny or remove Users from the Service if we find such proof unsatisfactory, in our sole discretion. Users may not open an Account (as the term is defined below) after having been removed from, or denied, the Service. 


2. Access to and Use of the Service


You gain access to the Service only by downloading Games from authorized online distributors, currently either Apple’s App Store or Google Play, and installing them on a mobile device that you have the right to use. Following installation, for ease of access, we will offer you to sign in using one of several third-party service providers, such as Facebook, Apple or Google (“Third-Party Mode”). Alternatively, you will have the option to access the Service as a guest (“Guest Mode”) (whichever way you chose to sign in shall be referred to as your “Account”). 


You shall not access the Service in any other way. You shall not access the Service in Third-Party Mode with credentials that are not yours. You shall not masquerade as another person in your access or use of the Service.

 

You shall not allow any other person to use or access your Account and shall be fully responsible for any use of your Account (including for in-app purchases) even if you did not authorize it. If you become aware of, or reasonably suspect, any breach of your Account’s integrity or security, you must notify us immediately.   


3. User’s Rights


Subject to these Terms, and to your continued compliance with them, Okami gives you a non-exclusive, royalty-free, revocable, non-sublicensable, limited right to access and use the Service for your own non-commercial entertainment purposes only.


4. Termination


Deleting Games from your mobile device will terminate the Agreement with respect to the deleted Game or application from the moment of deletion onward.  
For requests to delete your Account information upon termination, please see our Privacy Policy. 
You acknowledge that upon terminating your account by deleting the Games, you will lose all progress that you have made in the Games prior to deletion, will not have the ability to restore such progress, and waive any claim in that regard.


5. Third-Party Platform Rules
In the event that you are using the Service through a third-party website or application, social network, platform or store ("Platform"), you must comply with the terms of use or services of such Platform (the "Platform Terms"), in addition to these Terms, and the Platform's privacy policy will apply to any of your interactions with the Platform. The Platform Terms are incorporated into these Terms by reference such that a violation by you of the Platform Terms shall be deemed a violation of these Terms. In the event of a conflict between these Terms and the Platform Terms, the Platform Terms shall control solely to the extent the conflict relates to the rights or obligations of the Platform and not of us.


If you have downloaded the Service from the Apple, Inc. ("Apple"), App Store or if you are using the Service on an iOS device, you acknowledge that you have read, understood and agree to the following notice regarding Apple. This Agreement is between you and Okami only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Service infringes that third party's intellectual property rights. You agree to comply with any applicable third-party terms, when using the Service. Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.


6. Virtual Items and Game Play


While using the Games you may obtain (such as by finding and collecting, earning, winning, exchanging with other Users or purchasing) virtual items such as game credits, prizes, awards, titles, ranks, capabilities, virtual currency, coins, tokens and points (“Virtual Items”).


You are not obligated, at any time, to purchase any Virtual Items. 


When you obtain a Virtual Item, regardless of the way you obtained it, we grant you a limited, personal, revocable, non-transferable, non-sublicenseable license in the Territory to use that Virtual Item in the Game. You do not receive any ownership, right, title or interest in any Virtual Items. 


You may not buy, sell, exchange, sublicense or otherwise transact (or attempt to transact) any Virtual Items outside the Games. You may trade Virtual Items in the Games, when permitted by their rules, in the ordinary course of the Games and never in return for money or other real-world valuables. 


We reserve the right to make any changes in, and/or otherwise regulate or manage, Virtual Items the way we see fit, without prior notice, selectively (respecting individual users, as well as times and places), and at our sole discretion, including to modify, change characteristics of, change rules of use of, change availability of, change name of, change pricing of, add or remove, deny the right to purchase or use, revoke a license to use, replace, exchange and delete Virtual Items without incurring any liability or duty or any kind. 


When purchasing Virtual Items, you agree to pay the applicable charges for your purchase, including applicable taxes, through the applicable online store or payment processing service. 


Note that the only way for you to access Virtual Items that you buy (or otherwise obtain) on other mobile devices would be for you to sign-in using Third-Party Mode. This is also true of accessing your overall game progress. If you sign-in using Guest Mode, we have no way of knowing that it is the same person logging-in from a different device, and that that person further wishes to continue playing taking advantage of their past game progress. This means that you bear the risk of losing any Virtual Items that you buy (or otherwise obtain), as well as your overall game progress, under Guest Mode.  Should your device get lost, stolen, or its data wiped out for any reason, we will not be liable for such loss.

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7. In line with common practices in the mobile gaming industry, our app deploys bots within certain games, particularly in real-time multiplayer scenarios. Bots are introduced when live players are unavailable, during low connectivity, or other technical issues to maintain seamless and enjoyable gameplay. Additionally, bots are used to enhance the experience for new players, providing a welcoming introduction to our games.


8. Refunds for Purchases of Virtual Items 


Purchases of Virtual Items from us are final and are not refundable, transferable or exchangeable, unless otherwise mandated by applicable law or stated below. In such cases, please contact us at https://www.okamigames.io/support.


Requests for refunds, transfers and exchanges of Virtual Items purchased through a Platform are subject to Platform rules and should be addressed to the relevant Platform. 


Residents of the European Economic Area and of the United Kingdom who purchase Virtual Items in our Games may seek refunds within fourteen (14) days of purchase, assuming that (1) the Virtual Items were not used online, and (2) no progress was made in the relevant game from the moment of purchase until the earlier of (i) the passage of three business days following the submission of the refund request, and (ii) we processed the refund request.


9. Billing Disputes 


You agree to contact us with any billing issues, including respecting any purchase, bill, invoice, charge, payment or account withdrawal, within 30 days of the occurrence of the relevant issue. If you do not, you agree to waive any claim or right to do so later. 


You assume full responsibility for all payments and purchases made using your Account, even if not authorized by you. You agree to reimburse us for all reversals, charge backs, claims, fees, fines, penalties and any other costs and expenses, related to payments and purchases that were authorized using your Account. 


If your Account has been compromised, please let us know as soon as possible so that we can take commercially reasonable steps to reverse any unauthorized charges. 


If any payment or purchase made using your Account cannot be processed, or is returned unpaid, or if we suspect in our sole discretion any irregular, fraudulent or bad-faith purchases, we may suspend or terminate your Account, without derogating from any other remedies available to us.


10. Intellectual Property and Licenses


Okami retains any and all rights in the Service and Games (including respecting mobile applications, computer software, Virtual Items, characters, logos, names, titles, graphics, videos, musical works, sound recordings, text, designs, content, factual and other compilations, information and data, multimedia, and documentation) and all rights in information, intellectual property rights or other proprietary rights, including copyrights and moral rights, whether protectible or registrable, in connection therewith, together with any and all upgrades, updates, enhancements, improvements, modifications and derivative works are owned, controlled and licensed by Okami (collectively “Service Content”). The Service Content is protected by applicable copyright, patent, trademark, trade dress, design, and trade secret laws, international conventions, and other laws protecting intellectual property and related proprietary rights. 


In order to enhance our Games’ environment and our Users’ experience, our Games may contain non-human game characters or agents that are controlled by a computer. We own the intellectual property rights in such characters to the extent permitted by copyright law in the respective jurisdiction.


Subject to your agreement and compliance with these Terms, Okami grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license in the Territory to use the Service Content solely as part of the Service, through a supported web browser or mobile device, only for your own, private, non-commercial entertainment purposes and for no other purpose whatever and only pursuant to these Terms, any other rules or terms published by Okami from time to time on its website or mobile application and applicable laws. 


If you violate or if, at any point, you do not agree with any of these Terms, your license to use the Service and Service Content will be immediately revoked, and you will immediately stop using the Service. If the Service or any part thereof is determined to be illegal under the laws of the country in which you reside, this license shall be treated as null and void, and you must refrain from using the Service.


These Terms convey only a limited revocable right to use the Service and Service Content in accordance with the Terms. You shall not, nor shall you cause any other party to, modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Service pursuant to these Terms or otherwise exploit any of the Service Content without Okami's explicit, prior written permission.


11. User Feedback


You may, at your sole discretion, provide Okami with suggestions, comments or feedback with respect to the Service and Games (collectively, "Feedback"). You shall not provide Okami with Feedback that infringes upon third parties' intellectual property rights. Furthermore, you warrant that your Feedback is not subject to any license terms that would purport to require Okami to comply with any additional obligations with respect to any Okami current or future products, technologies or services that incorporate any Feedback. 


You agree that any and all rights, including intellectual property rights, in such Feedback shall belong exclusively to Okami. Such Feedback shall be considered a work made for hire, and where such designation is inapplicable, you assign all your right, title and interest in the Feedback to Okami. You recognize that Okami relies on its ability to incorporate your Feedback into its Games. Regardless of the formal ownership of the Feedback, you covenant never to sue Okami for its use of your Feedback. Okami is free to make, if it wishes, any use it wants in the Feedback, including in modifying, improving or designing its Games. 


12. Restrictions on Use of the Service


You shall not, and shall not permit or cause any other party, to:

 

  1. Create an Account with or access the Service if you are not an eligible User;

  2. Use the Service in an illegal manner or encourage or promote any illegal activity;

  3. Access the Service or the Games in any way other than the ordinary and contemplated installation and play of the Games; 

  4. Fail to pay any amounts due (to the extent applicable);

  5. Interfere with or violate Users' rights to privacy and other rights, or harvest, post, solicit or collect personally identifiable information about Users without their express consent, whether manually or through the use of any robot, spider, crawler, any search or retrieval application, or other manual or automatic device, process or method to access the Service and retrieve, index or data-mine any information;

  6. Interfere with or disrupt the operation of the Service or the servers or networks that host the Service, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;

  7. Advertise, solicit or transmit any commercial advertisements or spam;

  8. Violate the intellectual property or other rights of any party, including Okami;

  9. Create false personas, multiple identities or multiple Accounts; set up an Account on behalf of someone other than yourself; use bots or other automated software programs to play or otherwise interact with the Games, defraud or otherwise violate these Terms or the terms and conditions of any third-party applications or social networks through which the Service is accessed;

  10. Upload or transmit (or attempt to upload or to transmit), without our express permission, any material that acts as a passive or active information collection or transmission mechanism, including clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware", "passive collection mechanisms" or "pcms");

  11. Exploit, distribute, develop or publicly inform other Users or the public of any Game error, miscue or bug which provides an unintended advantage, or of "auto" software programs, "macro" software programs or other "cheat utility" software programs or applications;

  12. Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;

  13. Attempt to use the Service on or through any service that is not authorized by Okami. Any such use is at your own risk and may subject you to additional or different terms. Okami takes no responsibility for your use of the Service through any service that is not authorized by it;

  14. Deal with Virtual Items in a manner that violates these Terms, including by selling or transferring Virtual Items to other Users or third parties except as expressly authorized within and by the rules of a Game, or fraudulently obtaining or acquiring Virtual Items;

  15. Rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without our written permission;

  16. Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service; or interfere with the ability of others to enjoy using the Service, including by disrupting, overburdening or aiding the disruption or overburdening of the Service servers, or by taking actions that interfere with or materially increase the cost to us of providing the Service for the enjoyment of all its users;

  17. Engage in any act that Okami deems to be in conflict with the spirit or intent of the Service, including circumventing or manipulating these Terms, our game mechanics or policies;

  18. Without our express written consent, modify or cause to be modified any files, codes or any other component which is part of the Service;

  19. Institute, assist or become involved in any type of attack, including distribution of a virus, a denial of service attack upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service;

  20. Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, servers or networks connected to the Service by any means other than the user interface provided by Okami, including 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 Service;

  21. Use any unauthorized third party software that accesses, intercepts, "mines" or otherwise collects information from or through the Service or that is in transit from or to the Service, including any software that reads areas of RAM or streams of network traffic used by the Service to store information about Okami game characters, elements, or environment. Okami may, at its sole and absolute discretion, allow the use of certain third party user interfaces;

  22. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or the Service, whether through the use of a network analyzer, packet sniffer or other device;

  23. Copy or adapt the Service software including Flash, PHP, HTML, JavaScript or other code;

  24. Use, facilitate, create or maintain any unauthorized connection to the Service, including (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Service, (ii) any connection via a device to a platform (such as a desktop computer) for which the Service is not designed, or (iii) any connection using programs, tools, or software not expressly approved by Okami;

  25. Except where permitted by law or relevant open-source licenses, reverse engineer, decompile, disassemble, decipher, modify or otherwise attempt to derive the object code or source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by Okami;

  26. Copy, distribute, modify, alter, adapt, make available, translate, port, reverse-engineer, decompile or disassemble any portion of any Game’s content, or publicly display, reproduce, create derivative works from, perform, distribute or otherwise use any Game’s content, other than to play the Games as permitted under these Terms and applicable Game rules;

  27. Sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Okami's proprietary rights;

  28. Sell, license or exploit for any commercial purposes any use of or access to the Service;

  29. Frame or mirror any part of the Service without our prior express written authorization;

  30. Create a database by systematically downloading and storing all or any of the Games Content;

  31. Create NFTs based on the Games or Service Content; 

  32. Improperly use support channels to make false reports to Okami or using profane, defamatory or abusive language in your communications with our support personnel; or

  33. Perform in-Game services in exchange for payment outside the Games (e.g. power-leveling and item collection services).

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While using the Service, you may have the ability to post, publish or display content, including by your choosing of character, team or other names and titles (“User Generated Content”). 


By submitting or posting User Generated Content, you agree to comply with the following:

  1. You shall not, and shall not permit or cause any other party, to post, upload or submit User Generated Content that violates these Terms or that contains or links to Objectionable Content. "Objectionable Content" means content that promotes or links to content that is (i) offensive, harassing, threatening, abusive, inflammatory or racist, (ii) sexually explicit or obscene; (iii) illegal, fraudulent, deceptive, contrary to public policy or that could facilitate the violation of any applicable law, regulation or government policy, (iv) libelous or defamatory, (v) violates the intellectual property, privacy, publicity, trademark, false advertising, moral or any other right of any third party (such as by way of misrepresenting your identity or impersonating a third party), or otherwise injurious to third parties or objectionable, and (vi) software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam".

  2. You represent and warrant that you own or otherwise control all of the rights to the User Generated Content that you post, display or upload at the time of doing so, that the User Generated Content is accurate and not fraudulent or deceptive, and that the User Generated Content does not violate these Terms or the rights of any third party, and will not cause injury to any person or entity.

  3. Any User Generated Content that you post, display or upload will be considered non-confidential and non-proprietary, and you grant Okami a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Generated Content throughout the world in any media.

  4. You understand that your User Generated Content may be copied by other Users and discussed on and outside of the Service, and if you do not have the right to submit User Generated Content for such use, it may subject you to liability. Okami takes no responsibility and assumes no liability for any content posted by you or any third party. Okami has the right (but not the obligation) to monitor and edit or remove any User Generated Content, and has the right to terminate your access to all or part of the Service for any or no reason, including any violation of these Terms.

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Breach of any of these rules or of any other prohibitions contained in these Terms may subject you to suspension or termination of your Account and right to use the Service, in whole or in part, including by limiting or revoking your rights to use certain features within the Service, or limiting or restricting your Game experience, in Okami's sole discretion, and may subject you to civil or criminal penalties.


13. User Misconduct and Copyright Infringement

 

  • We care for your safety. If you believe another user has acted inappropriately (in violation of these Terms or in an otherwise offensive, violent, harassing or dangerous manner), please report immediately to the appropriate authorities and to us at https://www.okamigames.io/support.

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14. Suspension and Termination of Use


IN THE EVENT THAT WE SUSPECT THAT YOU HAVE VIOLATED OR MAY VIOLATE ANY OF THESE TERMS, ANY PLATFORM TERMS OR ANY APPLICABLE LAW, OR THAT YOUR ACCOUNT HAS BEEN USED OR MAY BE USED IN SUCH A WAY, OR AS OTHERWISE DETERMINED BY US IN OUR SOLE DISCRETION, THEN WITHOUT DEROGATING FROM ANY REMEDY WHICH WE OR ANY OTHER PARTY (SUCH AS THE PLATFORM) MAY HAVE IN CONNECTION WITH THE FOREGOING, WE MAY, IN OUR SOLE DISCRETION, IMMEDIATELY (WITHOUT NOTICE) TERMINATE, LIMIT, SUSPEND OR DELETE YOUR ACCOUNT AND YOUR ACCESS TO THE SERVICE, IN WHOLE OR IN PART (INCLUDING BY LIMITING OR REVOKING YOUR RIGHTS OR ACCESS TO CERTAIN, GAMES, SERVICE CONTENT OR ANY FEATURE OR FUNCTIONALITY THEREIN). IN SUCH EVENT, YOU WILL FORFEIT ANY CONTINUING RIGHT OR LICENSE TO USE ANY SERVICE CONTENT, INCLUDING ANY VIRTUAL ITEM, AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSS OR DAMAGE OF ANY KIND THAT YOU OR ANY OTHER PARTY MAY ALLEGE IN CONNECTION WITH SUCH ACTION. If you have more than one Account, Okami may terminate all of your Accounts.


We reserve the right to terminate an Account that has been inactive for at least 365 consecutive days. You will not receive money or other compensation for Service Content (including Virtual Items) associated with your Account when it is closed, deleted or otherwise terminated, regardless of whether such action was voluntary or involuntary.


Okami further reserves the right, at its sole discretion, to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Service (or any part thereof including any feature or functionality available in the Service), at any time and without providing any prior notice.


In the event that Okami terminates your Account, you may not use or access the Service again without Okami's express permission. Okami reserves the right to refuse Accounts for, and to refuse to provide access to the Service or other services to, any individual. You may not allow individuals whose Accounts have been terminated by us to use your Account. If you believe that any action has been taken against your Account in error, please contact us at: https://www.okamigames.io/support.


14. Disclaimers of Warranties


YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE TO ENSURE THAT YOUR USE OF THE SERVICE IN THE JURISDICTION WHERE YOU RESIDE IS PERMITTED PURSUANT TO ALL LOCAL LAWS AND REGULATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND “WHERE IS”. OKAMI, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND THE USE THEREOF, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, USEFULNESS, AUTHORITY, ACCURACY, COMPLETENESS, AND TIMELINESS.
OKAMI MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICE, OR OF THE CONTENT OF ANY SITES LINKED TO THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OKAMI'S SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE; OR (VII) ANY ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SERVICE.


15. California (USA) Release


California, USA, residents expressly agree to waive California Civil Code Sec. 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."


16. Limitation of Liability


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WHATEVER WILL WE OR OUR AFFILIATES, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, LOST REVENUE, INCOME, GOODWILL, USE OF DATA OR OTHER INTANGIBLE LOSSES, IN EACH CASE THAT RESULT FROM OR RELATE IN ANY MANNER TO YOUR USE OF THE SERVICE OR ANY OTHER ACT OR OMISSION BY US.


TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL OKAMI, ITS AFFILIATES, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS, BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID OKAMI IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID OKAMI ANY AMOUNTS IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH OKAMI IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.


YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL AND BARGAINED-FOR BASES OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THESE TERMS.


Depending on where you reside and use the Service, some of the limitations contained in this Section may not be permissible. In such case, they will not apply to you, solely to the extent so prohibited.


17. Indemnity
You agree to indemnify and hold Okami, and each of its affiliates, subsidiaries, partners, officers, directors, employees, shareholders, agents, licensors, subcontractors and suppliers, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys' fees, arising out of or in connection with:


   (i) Your use or misuse of and access to the Service;
   (ii) Your violation of any term of these Terms;
   (iii) Your breach of the representations, warranties and covenants made herein;
   (iv) Your violation of any third-party right, including any copyright, property, or privacy right; and
   (v) Any claim that an action by you in connection with the Service has caused damage to a third              party.


18. Privacy


Our Privacy Policy sets out how we use, protect and disclose your personal information.


19. Governing Law and Judicial Forum


These Terms, your use of the Service and our entire relationship will be interpreted in accordance with and governed by the laws of the State of Israel without regard to conflict or choice-of-law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded. In the event that you have opted out of arbitration (as set out below) or that the agreement to arbitrate is otherwise found not to apply to you or your claim, you and Okami agree that any judicial proceeding (other than as described above) may only be brought in a court of competent jurisdiction in Tel Aviv-Jaffa, Israel. Both you and Okami consent to venue and personal jurisdiction there. Notwithstanding the foregoing, you and Okami may bring an action in any court of competent jurisdiction (i) to compel arbitration pursuant to Section 20 below or (ii) to enforce an arbitral award issued thereunder.


20. Dispute Resolution and Agreement to Arbitrate on an Individual Basis


PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT MAY REQUIRE YOU AND OKAMI TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU AND OKAMI CAN SEEK RELIEF FROM EACH OTHER.


By agreeing to these Terms, and to the extent permitted by applicable law, you and Okami agree that any and all past, present and future disputes, claims and causes of action between you and Okami arising out of or relating to these Terms, the Service and Games, the formation of these Terms or any other dispute between you and Okami or any of Okami's licensors, distributors, suppliers or agents (including any application store or platform from which the Service is accessed or downloaded), and whether arising prior to or after your agreement to this Section, (collectively, "Dispute(s)") will be governed by the procedure outlined below. You and Okami further agree that any arbitration pursuant to this Section shall not proceed as a class, group or representative action.


"Country of Residence" for purposes of this Section means the country in which you hold citizenship or legal permanent residence, as well as any country from which you regularly access and use the Service. If more than one country meets that definition for you, then your country of citizenship or legal permanent residence shall be your Country of Residence, and if you have more than one country of citizenship or legal permanent residence, it shall be the country with which you most closely are associated by permanent or most frequent residence.


(a)        Informal Dispute Resolution. Okami wants to address your concerns without the need for a formal legal dispute. Before filing a claim against Okami, you agree to try to resolve the Dispute informally by contacting https://www.okamigames.io/support. Similarly, if you have provided an email address to us as part of your Third-Party Mode sign-in, Okami agrees to do the same. If a dispute is not resolved within 30 days after the email noting the Dispute is sent, you or Okami may initiate an arbitration proceeding as described below.


(b)        We Both Agree To Arbitrate. By agreeing to these Terms, and to the extent permitted by applicable law, you and Okami each and both agree to resolve any Disputes – including any Dispute concerning the enforceability, validity, scope or severability of this agreement to arbitrate – through final and binding arbitration as discussed herein.


(c)        Opt-out of Agreement to Arbitrate. You may decline this agreement to arbitrate by contacting https://www.okamigames.io/support within 30 days of first accepting these Terms and stating that you (include your first and last name, and User name) decline this arbitration agreement. By opting out of the agreement to arbitrate, you will not be precluded from using the Service, but you and Okami will not permitted to invoke the mutual agreement to arbitrate to resolve Disputes under the terms otherwise provided herein.


(d)       Exceptions to Agreement to Arbitrate. 
(d.1)  If your Country of Residence is the United Kingdom, or in the European Economic Area, notwithstanding your and Okami’s agreement to arbitrate Disputes, either you or Okami also may assert claims, if they qualify, through the small claims process in the courts of your Country of Residence.


(d.2) If your Country of Residence is not the United States, the United Kingdom, or in the European Economic Area, notwithstanding your and Okami’s agreement to arbitrate Disputes, either you or Okami may also assert claims, if they qualify, through the Small Claims Court in Tel Aviv-Jaffa, Israel, or if a court in your Country of Residence would not recognize such a requirement (notwithstanding the provisions of this Section), then in a small claims court or the equivalent in your Country of Residence.


(e)      Arbitration Procedures and Fees.


(e.1) If your Country of Residence is the United States, you and Okami agree that the American Arbitration Association ("AAA") will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes in effect at the time arbitration is sought ("AAA Rules"). Those rules are available at www.adr.org. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules.  You and Okami further agree that, unless and only to the extent prohibited under AAA Rules, the arbitration will be held in New York, New York, or, at your election, will be conducted telephonically or via other remote electronic means. The AAA Rules will govern payment of all arbitration fees. If your Country of Residence is the United States, this Section (Dispute Resolution and Agreement to Arbitrate on an Individual Basis) shall be construed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in this Agreement. The arbitrator shall be authorized to award any remedies, including injunctive relief, that would be available to you in an individual lawsuit and that are not waivable under applicable law. Notwithstanding any language to the contrary in this Section 20(e)(1), if a party seeks injunctive relief that would significantly impact other Okami users as reasonably determined by either party, the parties agree that such arbitration will proceed on an individual basis but will be handled by a panel of three (3) arbitrators. Each party shall select one arbitrator, and the two party-selected arbitrators shall select the third, who shall serve as chair of the arbitral panel. That chairperson shall be a retired judge or an attorney licensed to practice law and with experience arbitrating or mediating disputes. In the event of disagreement as to whether the threshold for a three-arbitrator panel has been met, the sole arbitrator appointed in accordance with this Section shall make that determination.  If the arbitrator determines a three-person panel is appropriate, the arbitrator may – if selected by either party or as the chair by the two party-selected arbitrators – participate in the arbitral panel. Except as and to the extent otherwise may be required by law, the arbitration proceeding and any award shall be confidential.
 
(e.2) If your Country of Residence is not the United States, you and Okami agree that the Center of Arbitration and Dispute Resolution (https://www.cadr.co.il/) ("CADR") will administer the arbitration, which shall be conducted in accordance with its rules in effect at the time arbitration is sought, and in accordance with the Israeli Arbitration Law, 5728-1968, as amended. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules. The arbitration proceeding and any award shall be confidential. You and Okami further agree that the arbitration will be held in English in Tel Aviv-Jaffa, Israel, or, if you so elect, all proceedings can be conducted telephonically or via other remote electronic means. The CADR rules will govern payment of all arbitration fees.  


(f)        Arbitration Shall Proceed Individually. Regardless of your County of Residence or the rules of a given arbitration forum, you and Okami agree that the arbitration of any Dispute shall proceed on an individual basis, and neither you nor Okami may bring a claim as a part of a class, group, collective, coordinated, consolidated or mass arbitration (each, a "Collective Arbitration"). Without limiting the generality of the foregoing, a claim to resolve any Dispute against Okami will be deemed a Collective Arbitration if (i) two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and (ii) counsel for the claimants are the same, share fees or coordinate across the arbitrations. "Concurrently" for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.


(g)        Class Action and Collective Arbitration Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR OKAMI SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY COLLECTIVE ARBITRATION (AS DEFINED ABOVE) OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, OR OTHERWISE SEEK TO RECOVER FOR LOSSES INCURRED BY A THIRD PARTY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS AGREEMENT, IN THE EVENT ALL OR ANY PORTION OF SUBSECTIONS (F) OR (G) OF THIS SECTION (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) ARE FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE, THEN THE ENTIRETY OF THIS SECTION (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) MAY BE DEEMED VOID AND AS HAVING NO EFFECT UPON EITHER PARTY'S ELECTION.


21. Third Party Sites and Advertising


The Service may contain links, references or advertisements to third-party products, services, applications or websites, as well as materials provided by third parties, which may invite you to participate in a promotional offer in return for receiving any feature, benefit or Virtual Item or upgrades. These links and references are provided solely as a convenience to you, and access or use of any such websites, services, promotions and advertisements is at your own risk. We do not review, approve, monitor, endorse, warrant or make any representations with respect to any of the foregoing. In no event will we be responsible for the information, content and materials contained therein, their practices, privacy policy or for your use of or inability to use such websites, services, promotions or transmissions received from such sites, services or promotions and any information collected from you by such websites/services. The inclusion of any link, promotion or advertisements does not imply endorsement by Okami of these linked websites, services or games, and we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked site, unless specifically stated therein. You expressly relieve us from any and all liability arising from your use of any third-party website. We encourage you to be mindful of when you leave the Games, and to read the terms and conditions and privacy policy of such other websites, services, promotions and games that you visit or use.


22. Revisions to these Terms
We reserve the right, at our sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. Users are responsible for viewing these Terms periodically. We will note the date last revised at the top of the Terms and will provide notice of material changes that affect your rights or obligations through in-app communications or via email if you have provided an email address to us as part of your Account information. Your continued use of the Service after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms. If you do not Agree to the modification or revision of Terms, you must immediately stop using the Service.


23. General


(a)        Parties' Intent. If any provision hereof is adjudged by any arbitrator or court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein.


(b)        Rules of Construction. These Terms shall be construed as follows: (i) "includes", "including" and cognates thereof shall be understood to mean "includes without limitation" or "including without limitation"; (ii) unless the context demands otherwise, the word "or" shall have the inclusive meaning identified with the phrase "and/or"; (iii) Section and other headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms; and (iv) any reference made in these Terms to a statute or statutory provision shall include any amendments or successors thereto as in effect at the time the particular provision of the Terms is to be given effect, along with any then-applicable rules or regulations promulgated thereunder.


(c)        Waiver. Any failure to enforce any rights granted hereunder or to take action in the event of any breach of these Terms shall not be deemed a waiver by the non-breaching party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. All waivers must be in writing, and any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.


(d)       Entire Agreement; Assignment; Novation. These Terms are the entire agreement between you and Okami regarding the subject matter herein. You agree that Okami may assign or novate these Terms, in whole or in part, in its sole discretion and that you are not entitled to assign or otherwise transfer these Terms, or any of your rights or obligations thereunder, to any third party without the prior written consent of Okami. Any unauthorized assignment will be void and of no force or effect. 


(e)        Survival. You agree that the provisions of the following Sections shall survive termination of these Terms or termination of your Account, for any reason whatever: Intellectual Property and Licenses; User Feedback; Disclaimers of Warranties; Limitation of Liability; Indemnity; Governing Law; Dispute Resolution and Agreement to Arbitrate on an Individual Basis; and General.


(f)        Governing language. The original and controlling version of these Terms shall be the English language version. 
(h)        Information, Support or Questions. For information, support or questions, please contact us at: https://www.okamigames.io/support.

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