Terms of Use

The Gist

• You must own rights to recreate any content you upload to Quest Bound

• You must own rights to distribute any content you share on Quest Bound

• Quest Bound makes no claim of ownership on any intellectual property created on or distributed by the platform.

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These Terms and Conditions of Use (these “Terms”) are presented by Quest Bound Technology, LLC, a Washington limited liability company (“Quest Bound”, “Company”, “we,” “us,” “our”) and govern each user’s (“you,” “your,” or “user”) access to and use of the website at www.questbound.com (the “Site”), any of the game development tools or apps accessed through the Site or through any desktop or native mobile applications (the “Game Tools”), and any other products, services app, and features the Company offers on or in connection with the Site, the Game Tools or in any mobile applications (hereinafter, all of the foregoing products and services are collectively referred to as “Quest Bound Services”). The Site, the Game Tools and the other Quest Bound Services are owned and operated by the Company.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

THESE TERMS AND CONDITIONS OF USE, TOGETHER WITH THE COMPANY’S PRIVACY POLICY (THE “PRIVACY POLICY” OR THE “COMPANY’S PRIVACY POLICY”), ANY GAME TOOLS CODE OF CONDUCT (AS DEFINED HEREIN) AND ALL OTHER TERMS AND CONDITIONS OF USE INCORPORATED BY REFERENCE INTO ANY OF THE FOREGOING (HEREINAFTER COLLECTIVELY REFERRED TO AS THE “AGREEMENT”) CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND THE COMPANY.

PLEASE READ ALL OF THE PROVISIONS OF THE AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR ACCESS AND USE OF THE GAME TOOLS AND ANY OTHER QUEST BOUND SERVICES.

BY CONTINUING TO USE OR OTHERWISE ACCESS THE SITE, THE GAME TOOLS OR ANY OTHER QUEST BOUND SERVICES (INCLUDING WITHOUT LIMITATION STARTING TO PLAY ANY GAME TOOLS OR REGISTERING ANY USER ACCOUNT), YOU HEREBY AUTOMATICALLY AGREE TO BE BOUND BY ALL OF THE PROVISIONS OF THE USER AGREEMENT (AS DEFINED ABOVE), AS PRESENTED TO YOU AS OF THE DATE OF YOUR FIRST USE OF EITHER THE SITE, ANY GAME TOOLS OR ANY OTHER QUEST BOUND SERVICES.

AS SET FORTH IN MORE DETAIL IN SECTION 14 HEREIN, WE MAY CHANGE THE SITE, THE GAME TOOLS, ANY OTHER QUEST BOUND SERVICES, OR THE TERMS AND CONDITIONS OF THE USER AGREEMENT (INCLUDING WITHOUT LIMITATION ANY GAME TOOLS CODE OF CONDUCT AS DEFINED HEREIN) AT ANY TIME AND IN OUR SOLE DISCRETION. WE WILL POST THE UPDATED VERSIONS ON THE SITE AND YOU WILL BE BOUND BY THAT UPDATE VERSION PLEASE CHECK THIS USER AGREEMENT PERIODICALLY FOR CHANGES.

NO CHANGES (ADDITIONS OR DELETIONS) BY YOU TO THE USER AGREEMENT WILL BE ACCEPTED BY THE COMPANY. THUS, IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THE USER AGREEMENT, THEN YOU SHOULD NOT ACCESS OR OTHERWISE USE THE SITE, THE GAME TOOLS OR ANY OTHER LNG (INCLUDING WITHOUT LIMITATION NOT REGISTERING A USER ACCOUNT).

THE USER AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND THE COMPANY AND YOU SHOULD DOWNLOAD AND PRINT THE ENTIRE USER AGREEMENT (INCLUDING WITHOUT LIMITATION THESE TERMS AND THE COMPANY’S PRIVACY POLICY, AS DEFINED ABOVE) FOR YOUR RECORDS. PRIVACY NOTICE ALL USERS ARE DIRECTED TO SECTION 6 OF THIS USER AGREEMENT FOR A LINK TO THE COMPANY’S PRIVACY POLICY. WITHOUT LIMITING THE PROVISIONS OF SECTION 7 BELOW OR ANY OF THE PROVISIONS OF THE COMPANY’S PRIVACY POLICY, A USER’S REGISTRATION FOR A USER ACCOUNT (AS DISCUSSED IN SECTION 3 BELOW) CONSTITUTES YOUR AGREEMENT TO OUR COLLECTION AND PROCESSING OF YOUR PERSONAL INFORMATION, INCLUDING THE USE OF COOKIES, PURSUANT TO THE COMPANY’S PRIVACY POLICY. PLEASE READ THE COMPANY’S PRIVACY POLICY (SEE SECTION 7 HEREIN) CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION ABOUT OUR COLLECTION, USE, STORAGE, DISCLOSURE, AND TRANSFER OF YOUR INFORMATION. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE COMPANY’S PRIVACY POLICY, THEN YOU MAY NOT REGISTER FOR A USER ACCOUNT AND SHOULD NOT USE THE GAME TOOLS, ANY OTHER QUEST BOUND SERVICES OR THE SITE.

ARBITRATION NOTICE ALL USERS ARE DIRECTED TO SECTION 12 OF THIS AGREEMENT TO READ THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS THAT GOVERN THIS USER AGREEMENT. YOU ARE HEREBY NOTIFIED THAT, EXCEPT FOR CERTAIN KINDS OF DISPUTES AS MORE FULLY SET FORTH IN SECTION 12, YOU AGREE THAT: (A) DISPUTES ARISING UNDER THIS USER AGREEMENT WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION (PURSUANT TO THE TERMS SET FORTH IN SECTION 16), AND THAT BY AGREEING TO THIS USER AGREEMENT (AS SET FORTH ABOVE), YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING; (B) YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT); AND (C) YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.

NOTICE REGARDING YOUR AGE BY USING THE GAME TOOLS OR ANY OTHER QUEST BOUND SERVICES, INCLUDING BUT NOT LIMITED TO PLAYING THE GAME TOOLS, YOU REPRESENT AND WARRANT TO THE COMPANY THAT YOU ARE AN ADULT. “ADULT” MEANS THAT (A) YOU ARE AT LEAST 18 YEARS OLD; AND (B) YOU HAVE REACHED THE AGE OF LEGAL MAJORITY IN THE COUNTRY, STATE, PROVINCE OR LOCALITY (“JURISDICTION”) IN WHICH YOU RESIDE. YOU ALSO REPRESENT AND WARRANT THAT YOU ARE PERMITTED UNDER THE APPLICABLE RULES, REGULATIONS, STATUTES, AGENCY OR COURT DECISIONS OR OTHER ACTS OF GOVERNMENT (“LAWS”) TO ACCESS AND USE THE GAME TOOLS, ANY OTHER QUEST BOUND SERVICES, THE SITE OR AND ANY QUEST BOUND SERVICES CONTENT (AS DEFINED BELOW), AND THAT YOU HAVE NOT PREVIOUSLY BEEN REMOVED OR BANNED FROM ANY GAME TOOLS, ANY OTHER QUEST BOUND SERVICES OR THE SITE OR OTHERWISE BANNED BY THE COMPANY.

Definitions. The following terms have the following meanings:

“Access Right" has the meaning set forth in Section 2.

“Account" or “User Account” has the meaning set forth in Section 3 herein.

“Adult" has the meaning set forth above.

“Authorized Version of the Game Tools” has the meaning set forth in Section 3 herein.

“Company IP Assets” has the meaning set forth in Section 9 herein.

“Company Server” means any servers, other hardware, other computer systems or other software applications which are proprietary to or otherwise used by QUEST BOUND to support any Game Tools or other QUEST BOUND Services.

“Game Tools" has the meaning set forth above.

“Game Tools User(s)" has the meaning set forth in section 2 herein.

“Privacy Policy" or “Company’s Privacy Policy" has the meaning set forth above.

“QUEST BOUND Services Content" has the meaning set forth in Section 2 herein.

“Trademark(s)" means any trademarks, service marks, logos, taglines, trade names, or business names.

“User Content" has the meaning set forth in Section 5 herein.

“User’s Third Party Content” has the meaning set forth in Section 5 herein.

“User Name" has the meaning set forth in Section 3 herein.

The Game Tools; Access Right to Use the Game Tools; Conditions of Use.

2.1 General Overview of the Game Tools.

2.1.1 TO ACCESS AND PLAY THE GAME TOOLS YOU MUST CREATE A USER ACCOUNT (AS SET FORTH IN SECTION 3) AND DOWNLOAD THE GAME TOOLS OR OTHER QUEST BOUND SERVICES (AVAILABLE ON THE SITE).

2.1.2 We may also offer contests or sweepstakes (“Promotions”) via the Game Tools or the Site, which will be subject to additional terms and conditions to which you must agree before entering (“Promotions Rules”). Those Promotions Rules are considered part of this Agreement and therefore part of the binding legal agreement between you and us. Please read any Promotions Rules carefully before you enter one or more Promotions.

Access Right to Use Game Tools; Account.

2.2.1 For purposes of this User Agreement, the term “Game Tools User(s)" mean the individual end user of the Game Tools who has opened an Account and has obtained an Authorized Download of the Game Tools as contemplated by Section 3 herein.

2.2.2 Subject to a user’s strict compliance with all of the terms and conditions of the User Agreement and any applicable Game Tools Code of Conduct, Company hereby grants to only the specific individual Game Tools User (but to no other individual) who has paid for an Authorized Version of the Game Tools, a personal, limited, non-exclusive, non-sub-licenseable, non-assignable, revocable right to access and use, via the internet, only the particular Authorized Version of the Game Tools, only in the format and version made available by the Company for that Authorized Version of the Game Tools, and only for the sole and limited purpose of permitting that particular Game Tools User to develop its own branded Games, but for no other purposes whatsoever (“Access Right”).

2.2.3 Each Game Tools User hereby acknowledges and agrees that Game Tools User’s Access Right to use the Game Tools is hereby explicitly conditioned and subject to the Game Tools User’s strict compliance with any and all additional rules or guidelines which may be adopted by the Company from time to time, or at any time, which govern the permissible conduct of all Game Tools Users of the Game Tools and which impose any other conditions or limitation on the permissible ways that Game Tools Users are allowed to use the Game Tools.

QUEST BOUND Services Content; Additional Game Tools User Restrictions.

2.3.1 For purposes of the User Agreement, the following additional terms will have the following meanings: (i) “QUEST BOUND Services Content" means all words, text, data, images, graphics, Game Tools, button icons, Trademarks (whether or not registered), logos, symbols, music, sounds, videos, software programs, material and any other form of content (in any format known now or in the future) that is contained in, embodied in, related to, arising out of, or otherwise used in association with the Site, Game Tools or any other QUEST BOUND Services provided by Company, including any Third-Party Content (as defined below) that is provided by the Company as part of the Company’s QUEST BOUND Services, but excluding the User Content (as defined above). (ii) “Authorized Third Party Material" means any and all words, text, data, images, graphics, games, button icons, Trademarks (whether or not registered), logos, symbols, music, sounds, videos, software programs, material and any other form of content (in any format known now or in the future) that has been provided to the Company by a third party provider (other than the Game Tools User) with the intent that the Company may use or include such Authorized Third Party Material as a part of, or permit Users to use as part of their use of, the Game Tools or any other QUEST BOUND Services.

2.3.2 You agree that all rights, title and interest, including all intellectual property rights, in and to all QUEST BOUND Services Content (including without limitation any Authorized Third Party Material contained therein) are owned solely and exclusively by the Company (or, in the case of the Authorized Third Party Material, by the licensors of the Authorized Third Party Material). All such QUEST BOUND Services Content is protected by copyright Laws, trademark laws or other intellectual property laws around the world. Nothing contained in the User Agreement or in any Game Tools or other QUEST BOUND Services is intended or will be construed as granting, by implication, estoppel, or otherwise, any right or license to use any QUEST BOUND Services Content, except as specifically set forth in the Access Right given to a Game Tools User under Section 2 of this Agreement or otherwise upon the prior express written permission of Company (which may or may not be granted in its sole discretion).

2.3.3 Each User hereby acknowledges and agrees that the foregoing Access Right is further subject to and conditioned as follows: (i) Company has the right, in its sole discretion, at any time or from time to time, to change, amend, modify, suspend, or discontinue any or all of the features or functionalities of the Game Tools or any other QUEST BOUND Services, including without limitation discontinuing Company’s support of the entire Game Tools or any other QUEST BOUND Services, or any portions thereof (collectively, “Change or Discontinue Support of the Game Tools”); (ii) Each User further acknowledges and agrees that, in the event Company exercises it right under this Agreement to Change or Discontinue Support of the Game Tools in any way: (a) the Game Tools and/or any other QUEST BOUND Services may not operate or function, in whole or in part; and (b) Company shall not have any obligation or liability to the User in the event Company does exercise its right to Change or Discontinue Support of the Game Tools or any other QUEST BOUND Services in any way, including without limitation if such action by Company renders all or any part of the Game Tools or any other QUEST BOUND Services Program inoperative or non-functioning.

2.3.4 In addition to any other conditions set forth in this Agreement, the Users agree to the following additional provisions (and the following provisions are further conditions on the User’s Access Right): (i) Users are prohibited from posting, distributing, uploading, storing, transmitting, or otherwise disseminating any data, information, messages, text, works, material or other content (including without limitation any User Content) if the foregoing (in Company’s sole determination): (a) is not owned by the User or if the User does not otherwise have the absolute right to use such User Content in association with the Game Tools or any other QUEST BOUND Services; (b) infringes on any patent, Trademark, trade secret, copyright, right of publicity, or any other intellectual property or proprietary right of any party; (c) is otherwise unlawful, libelous, defamatory, an invasive of privacy or of any publicity rights, harassing, threatening, abusive, inflammatory, obscene, or otherwise objectionable or (d) would violate any other rights of any party, would constitute or encourage a criminal offense, or would otherwise violate or create liability under any laws, statutes, ordinances or regulations anywhere. (ii) User shall not impersonate any other person or entity or otherwise misrepresent the User’s affiliation with a person or entity; (iii) User will not distribute or publish unsolicited promotions, advertising, or solicitations for any goods, services or money, including junk mail and junk e-mail; (iv) User will not use the Game Tools or any other QUEST BOUND Services for any purposes not authorized by Company or otherwise explicitly prohibited by this User Agreement or any Game Tools Code of Conduct; and (v) User will not use the Game Tools or any other QUEST BOUND Services for any other illegal purpose or any fraudulent scheme or transaction.

2.3.5 Without limiting the generality of any other provisions herein, User further agrees to all of the following additional provisions (and the following provisions are further conditions on the User’s Access Right): (i) Users are prohibited from violating or attempting to violate the security of the Game Tools or any other QUEST BOUND Services, the Site, or any Company Servers, including without limiting being prohibited from doing any of the following: (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host, or network; (d) attempting to obtain or obtain any data or other content through any means not intentionally made available or provided for by the Game Tools or other applicable QUEST BOUND Services; or (e) otherwise violate or attempt to violate any security features, protocols, systems or network security associated with the Game Tools, any other QUEST BOUND Services, the Site, or any Company Servers.
(ii) Users are prohibited from sending messages which promote and/or advertise your products or services or sending any other unsolicited messages which are in violation of this User Agreement, including without limitation in violation of the Game Tools Code of Conduct. (iii) Company has the right to investigate occurrences that may involve any violations of this User Agreement, including without limitation any matters which could involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in any violations. In addition, Company reserves the right to cooperate with any and all law enforcement agencies, including complying with requests for information or disclosures or any warrants, court orders or subpoenas (from any party) and disclosing to law enforcement agencies any information about any User and anything a User does with respect to the Game Tools. By User’s use of the Game Tools or any other QUEST BOUND Services, the User explicitly authorizes Company to take such action.

For clarity, and for the avoidance of doubt, each User: (i) is only permitted to use the Game Tools and any other QUEST BOUND Services solely in accordance with this User Agreement (including without limitation the Game Tools Code of Conduct); and (ii) is explicitly prohibited from using the Game Tools and any other QUEST BOUND Services: (a) for any purpose other than the lawful entertainment of the individual User; (b) in any way that is prohibited by this User Agreement or by the Game Tools Code of Conduct; (c) in any manner that could damage, disable, overburden, or impair the Game Tools or any other QUEST BOUND Services or any Company Servers; or (d) for any unlawful purpose.

2.3.7 In addition to any other rights granted to Company pursuant to this Agreement or in law, Company has the right to immediately: (i) remove any User Content of a User from the Game Tools or any other QUEST BOUND Services which, in Company’s sole determination, violates any provision of this User Agreement, any Game Tools Code of Conduct, or any law, statute, ordinance or regulation anywhere; and/or (ii) suspend or terminate the Access Rights of a User or otherwise terminate this User Agreement for a particular User.

2.3.8 Each User is solely responsible for obtaining and maintaining any equipment or ancillary services needed to access and use the Game Tools or any other QUEST BOUND Services.

2.3.9 All rights granted to the User under this User Agreement, including without limitation the User’s Access Right to use the Game Tools or any other QUEST BOUND Services, will immediately terminate upon the expiration, cancellation or termination of this Agreement for any reason, including without limitation any breach by User of this Section 2 of this Agreement.

3. User Accounts; Account Information; Other Restrictions Related to Accounts.

3.1 User Accounts; Authorized Versions of the Game Tools.

3.1.1 For a user to create a user account (“Account” or “User Account”), you must (i) select a User Name (as defined below) and (ii) provide an email address. Please note that your email address will not be visible to any other users. Your email address and password will be your credentials needed to logon to your Account and play the Game Tools. To make purchases of a Game Tools or other QUEST BOUND Services products or services, including Game Tools time, you will be required to provide your credit card information.

3.1.2 IN ADDITION TO ANY AND ALL OTHER TERMS AND CONDITIONS OF USE SET FORTH IN THE USER AGREEMENT, YOU HEREBY AGREE THAT THE COMPANY AND THE USER AGREEMENT ONLY AUTHORIZES AND PERMITS YOU TO USE A GAME TOOLS OR ANY OTHER QUEST BOUND SERVICES SUBJECT TO THE FOLLOWING CONDITIONS : (i) YOU MUST HAVE OPENED A USER ACCOUNT; AND (ii) YOU MUST HAVE PURCHASED, AND FULLY PAID FOR, THE GAME TOOLS AND/OR GAME TOOLS TIME THROUGH THE SITE OR ANY OTHER APPLICATION AUTHORIZED AND APPROVED BY THE COMPANY (HEREINAFTER REFERRED TO AS AN “AUTHORIZED VERSION OF THE GAME TOOLS”).

3.2 Additional Terms and Restrictions Regarding User Accounts and Account Information.

3.2.1 You may make changes to your Account information (“Account Information”), including privacy settings, via the “User Settings” function. You are responsible for maintaining the accuracy of all Account information. You may establish only one Account per e-mail address and, as a reminder, a Game Tools and any other QUEST BOUND Services is available only to individual, natural persons who are Adults (as defined above in this Agreement).

3.2.2 You may choose any unique user name for your Game Tools or other QUEST BOUND Services as you wish (a “User Name”); provided, however, the Company reserves the right to reject any User Names for any reason, including without limitation any User Names that the Company believes, in its sole determination, violates this User Agreement, including without limitation any of the provisions of our Game Tools Code of Conduct (as defined above). You are responsible for maintaining the confidentiality of your password. You may not allow anyone to use your logon credentials to access or use the Game Tools or any other QUEST BOUND Services or your Account. You are solely responsible and liable for all activities conducted through your Account regardless who conducts them and for any damage that may result from the use of your Account or logon credentials.

3.3 Cancellation of Your Account. You may cancel your Account at any time by sending an email requesting cancellation to support@questbound.com. We will cancel your Account within 24 hours of our receipt of your request, at which time you will no longer be able to use some or all of the features of the Game Tools or any other QUEST BOUND Services and the Company may terminate your Access Right to use the Game Tools or any other QUEST BOUND Services. Account cancellation is permanent and irreversible.

3.4 Termination. The Company reserves the right at any time for any reason or no reason to suspend or terminate your Account, terminate this User Agreement (including without limitation terminating your Access Right to any Game Tools and any other QUEST BOUND Services), and/or refuse any and all current or future use of the Game Tools or any other QUEST BOUND Services without notice to you or liability to the Company.

4. Payment Terms.

4.1 General Payment Terms. Certain features of the Game Tools or other QUEST BOUND Services may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars. The Company uses a variety of service providers in order to process payments. Your payment information may be stored by the provider, but it may not be stored by the Company. The Company is not responsible for any fees associated with your use of a payment processor.

4.2 Price. The Company reserves the right to determine pricing for each Game Tools and other QUEST BOUND Services. The Company will make reasonable efforts to keep pricing information published on the Site, or through any other QUEST BOUND Services and up to date. We encourage you to check the Game Tools, the other QUEST BOUND Services and/or the Site periodically for current pricing information. The Company reserves the right to change the fees for any feature, or in its sole discretion, make promotional offers with different features and different pricing to any of users of its Game Tools, other QUEST BOUND Services or the Site.

4.3 Authorization. You authorize the Company to charge all sums for the orders that you make or select as described in this User Agreement or published by the Company, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, the Company may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

4.4 Refunds. Payments for Game Tools time or other QUEST BOUND Services products and services are non-refundable. If you are unhappy with your purchase, we may, however, at our sole discretion, refund your payment (in whole or in part), provided you have not used any portion of the features that you purchased. Please remember that you must be an Adult (as defined above in this User Agreement) to access and use any Game Tools or any other QUEST BOUND Services, which includes buying any products or services. We may, but are not required to issue refunds for any goods, services or Accounts bought by an individual who is not an Adult.

4.5 Additional Terms. We may include additional terms with your purchase, which will be displayed to you at or near the point of purchase (“Sales Terms”). Any Sales Terms are incorporated into this User Agreement by reference and constitute part of the agreement between us.

5. User Content; User Third Party Content.

5.1 User Content; Our Rights to Remove.

5.1.1 The Game Tools and other QUEST BOUND Services may: (i) allow a User to upload, share, store or otherwise use any of your personal-identifiable information; (ii) upload, create derivative of, modify, or otherwise use any User Third Party Content (as defined below) procured by the User and which the User may possibly revise, amend, update, or develop derivative works of; or (iii) allow the User to independently create or develop images or content by using the Game Tools or other QUEST BOUND SERVICES (hereinafter, “User Content”).

5.1.2 For purposes of this Agreement, the term “User Third Party Content” means any and all words, text, data, images, characters, graphics, games, button icons, Trademarks (whether or not registered), copyright-protected works (whether registered or not). logos, symbols, music, sounds, videos, software programs, material and any other form of content (in any format known now or in the future) that is uploaded, modified, or otherwise used by User in the course of, or otherwise as part of, the User’s use of the Game Tool, Site, or any other QUEST BOUND SERVICES.

5.1.3 Unless otherwise expressly indicated by us, we are not required to monitor, filter, censor, edit, or regulate any User Content (although we may do so, in our sole discretion). We do not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any User Content. We reserve the right, at any time and in our sole discretion, to permanently or temporarily delete, remove, or modify any User Content, including any User Content that we determine violates this Agreement, including without limitation Sections 2.3 and 5 of this Agreement and any Game Tools Code of Conduct.

5.2 Your Representations and Warranties Regarding User Content. You hereby represent and warrant to the Company that you either own, or otherwise possess all necessary rights in and to, all User Content (including without limitation any and all User Third Party Content) that you upload, create or otherwise use as part of the Game Tools, the Site, or any other QUEST BOUND Services.

5.3 Your License to Company in Your User Content. If you upload or use any User Content via, through or to any Game Tools, any other QUEST BOUND Services, the Site, you hereby grant to the Company a non-exclusive, unrestricted, fully-paid, royalty free, worldwide, perpetual, irrevocable, and fully transferable, assignable and sub-licensable right and license to copy, reproduce, publish, transmit, modify, adapt, translate, display, distribute, publicly perform, prepare derivative works based upon, and otherwise use or exploit your User Content throughout the world in any and all media for any purpose. Please note that this license to your User Content does not include a license to your personal information that is governed by any privacy laws.

5.4 Additional Use and Content Restrictions. You agree that you will not use the Game Tools, any other QUEST BOUND Services, or the Site, transmit any User Content, or set up or use any Account to or for: (ii) Create, develop, transmit or other use of any User Content (including without limitation any User Third Party Content, as defined above) that infringes any other person or entity’s intellectual property rights, including without limitation any Trademarks or copyrights; (ii) Transmit or use any User Content that contains software viruses, worms, disabling code, worms, time bombs, “clear GIFs”, cancelbots, or other computer programming, code or routines that are intended to, or which in fact, damage, detrimentally interfere with, monitor, intercept, or expropriate any data, information, packets, or personal information, or interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications or other equipment; (iii) Violate any other laws; (iv) Transmit any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of commercial or political solicitation, except in those areas of the Game Tools, any other QUEST BOUND Services or the Site that we may expressly designate for such purposes; (v) Post, transmit or submit User Content that is obscene, defamatory, violent (or inciting others to violence), racist, pornographic, vulgar, offensive, profane, threatening, abusive, that violates any applicable domestic or international laws or that constitutes hate speech, or that encourages or instructs users as to how to commit any of the foregoing. This includes, but is not limited to, providing instructions on how to assemble bombs or any other weapons, and creating “crush” websites; (vi) Use the Game Tools, any other QUEST BOUND Services or the Site or the services or features made available thereby in any manner with the intent to interrupt, damage, disable, overburden, or impair the Game Tools, any other QUEST BOUND Services or the Site or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (vii) Reverse engineer, disassemble or decompile or otherwise attempt to derive code from any information accessible through the Game Tools, any other QUEST BOUND Services or the Site or permit any third party to do so; (viii) Impersonate any person or entity, whether actual or fictitious, including, without limitation, a Company representative, or falsely state or otherwise misrepresent your affiliation or association with, sponsorship by, or connection to, any person or entity, including, without limitation, by using Trademarks that you do not have the legal right to use; or (ix) Modify, obscure, or eliminate any Trademark, copyright, other intellectual property, or other proprietary notice of the Company or any other party that is included or contained in the Game Tools, Site, or any other QUEST BOUND SERVICES.

5.5 Protecting Yourself. You acknowledge and agree that, as with information transmitted over the internet, User Content submitted via any Game Tools, any other QUEST BOUND Services or the Site, including any multi-user communications, may be recorded and stored, even if not by us, and may be accessible for a long time and to which you may not be able to control access. Because users of any Game Tools, any other QUEST BOUND Services or the Site may to some extent remain anonymous or pseudonymous, you may not always know at all times who you are interacting with on the Game Tools, other QUEST BOUND Services or the Site. Thus, you should be careful and selective about the User Content and any other information that you disclose about yourself and others on or via any Game Tools, any other QUEST BOUND Services or the Site (hereinafter, “Voluntarily Disclosed Information”). You hereby acknowledge and agree that the Company is not responsible or liable for any damages or losses suffered by you or others as a result of you disclosing or otherwise sharing any Voluntarily Disclosed Information on or via the Game Tools, other QUEST BOUND Services or the Site.

6. Privacy Policy. The Company’s Privacy Policy (as such term is defined above) is available at this link: https://docs.questbound.com/docs/privacy. The Company’s Privacy Policy is hereby incorporated into this Agreement by this reference and all Users hereby agree to the Privacy Policy. WITHOUT LIMITING THE FOREGOING IN ANY WAY, YOUR REGISTRATION FOR A USER ACCOUNT, DISCUSSED IN SECTION 3 HEREIN, CONSTITUTES YOUR AGREEMENT TO OUR COLLECTION AND PROCESSING OF YOUR PERSONAL INFORMATION, INCLUDING THE USE OF COOKIES, PURSUANT TO THE COMPANY’S PRIVACY POLICY. PLEASE READ THE PRIVACY POLICY CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION ABOUT OUR COLLECTION, USE, STORAGE, DISCLOSURE, AND TRANSFER OF YOUR INFORMATION. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF OUR PRIVACY POLICY, THEN YOU MAY NOT REGISTER FOR A USER ACCOUNT AND SHOULD NOT USE THE GAME TOOLS, ANY OTHER QUEST BOUND SERVICES OR THE SITE.

7. Investigations; Cooperation with Law Enforcement; Termination. You agree that we may, without any limitation whatsoever: (a) investigate any suspected breaches of security or our information technology or other systems or networks impacting the Game Tools, any other QUEST BOUND Services or the Site ; (b) investigate any suspected breaches of this User Agreement or violations of any additional terms, conditions and rules posted in connection with a particular service or feature on the Game Tools, any other QUEST BOUND Services or the Site; (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of this User Agreement to the full extent of the Law, (e) delete or modify any Content on the site, including any User Content, Chips (as defined in Section 4 herein) or Virtual Items (as defined in Section 4 herein) you may have acquired or submitted through your use of any Game Tools, other QUEST BOUND Services or the Site; and (f) discontinue the Game Tools, any other QUEST BOUND Services, or the Site or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.

8. Note to International Visitors. The Game Tools, other QUEST BOUND Services or Site, and the servers that make them available are located in the United States of America. If you reside in another country, this Agreement (or certain terms of it, including in the Company’s Privacy Policy) may conflict with the laws of your country. The Company makes no representation that the Game Tools, other QUEST BOUND Services or the Site is appropriate or available for use beyond the United States of America. If you use the Game Tools, any other QUEST BOUND Services or the Site from other locations, you are responsible for compliance with applicable local laws. Although the Company’s products and services (including, without limitation, any Game Tools, other QUEST BOUND Services or the Site) are available in many parts of the world, the Game Tools, other QUEST BOUND Services or Site may describe products and services that are available only in the United States of America (or only parts of it) and are not available worldwide. In the event of such a conflict, this User Agreement will govern to the extent that it is valid and enforceable under applicable United States laws.

Intellectual Property Rights; Reservation of Rights.

9.1 Users Must Respect Copyrights and IP Rights.

9.1.1 It is Company’s policy to respect the copyright and all other intellectual property rights of all parties. Thus, Company has the absolute right to: (a) immediately terminate the Access Right of any user and this Agreement for any user if, in Company’s determination, any User infringes upon the copyright, Trademarks, or any other intellectual property rights of the Company or of any other party, and /or (b) remove any User Content from the Game Tools, any other QUEST BOUND Services or the Site that, in Company’s determination, may infringe the copyright, Trademarks, or any other intellectual property rights of any third party.

9.1.2 Without limiting the generality of the forgoing in any way, each User hereby represents, warrants and covenants to Company that all of its User Content (including without limitation any User Third Party Content, as defined in Section 6 herein) used by such User via, on or through the Game Tools, all other QUEST BOUND Services and the Site: (a) is either owned by the User or the User has the absolute right to use that User Content (including without limitation, any and all User Third Party Content, as defined in Section 6 herein); and (b) does not infringe any copyright, Trademark, or other proprietary or intellectual property right of any other person or entity anywhere.

9.2 Company’s IP Assets; Reservation of Rights.

9.2.1 Each User hereby further acknowledges and agrees that, as between Company and the User, Company and/or its licensors solely and exclusively own all rights, title and interest in and to all of the following (hereinafter collectively referred to as the “Company IP Assets”): The Game Tools and all other QUEST BOUND Services and the Site; All QUEST BOUND Services Content (as such term is defined in Section 2.3 herein); All Trademarks used or held by Company in association or arising out of the Game Tools, any other QUEST BOUND Services or the Site, and all good will associated therewith (collectively the “Company Trademark(s)”); and
All other processes, techniques, patents, images, graphics, content, software, website designs, copyrights, and all other intellectual property rights provided in, made available by using, or otherwise contained in or arising out of, the Game Tools, any other QUEST BOUND Services, the Site, any QUEST BOUND Services Content and the Company Marks.

9.2.2 Except for the limited Access Right given to a User pursuant to the explicit terms and conditions of Section 2 of the User Agreement, nothing in Agreement shall be construed as granting to any user, by implication, estoppel or otherwise, any rights in or license in or to any Company IP Assets. Company reserves without prejudice the right and ability to protect all of its intellectual property rights in its Company IP Assets from any and all unauthorized use by any user, including without limitation any unauthorized use of any Game Tools, other QUEST BOUND Services, the Site, or any Company Marks by any user.

9.2.3 In addition to all other conditions in this Agreement, each User agrees that:

Except as expressly permitted by the Access Right given to a User, the User will not copy, display, transfer, distribute, sell, publish, broadcast or otherwise use, any Company IP Assets; The User shall not modify, disassemble, decompile or reverse translate or create derivative works from any Company IP Asset or otherwise attempt to derive any source code of the same or let any third party do the same; The User shall not remove, alter, cover or obscure any copyright notices or other proprietary rights notices of Company or any other party placed on or embedded in any Company IP Assets and shall otherwise retain all such notices on all copies of the same; Use of the Company IP Assets is expressly prohibited by anyone who is not an authorized user under this Agreement and only to the explicit extent permitted by the Access Right in Section 2 of the User Agreement; and Unauthorized use is a violation of copyright, Trademarks, and other intellectual property rights and is actionable under law.

9.2.4 Each User agrees that the terms and conditions of this Section 10 survive the cancellation, expiration or termination of the User Agreement for any reason.

9.3 Procedure for Alleging Copyright Infringement in compliance with the U.S. Digital Millennium Copyright Act (“DMCA”).

9.3.1 The Company will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by any use of any Game Tools or any other QUEST BOUND Services, then send us a written notice that includes all of the following: A legend or subject line that says: “DMCA Copyright Infringement Notice;” Description of the copyrighted work that you claim has been infringed; A URL or a description of where the material that you claim is infringing is located on the Game Tools, the other QUEST BOUND Services or the Site; Your address, telephone number, and e-mail address; A statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and Your electronic or physical signature. The Company will only receive DMCA notices by mail, e-mail, or facsimile at the addresses below: By Mail: 6501 Third Avenue NW, Apt. 402, Seattle, WA 98117 By E-Mail:dmca@questbound.com The Company may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and QUEST BOUND Services may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA. If you have additional questions you may telephone the Company at (206) 745-2859.

9.3.2 NOTICE ABOUT REPEAT INFRINGERS. Our intellectual property policy is to (i) remove or disable access to material that we believe in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Game Tools, any other QUEST BOUND Services or the Site; (ii) remove any Content posted to the Game Tools, any other QUEST BOUND Services or the Site by “repeat infringers”; and (iii) promptly terminate the accounts of users who are determined to be “repeat infringers.” We currently consider a “repeat infringer” to be any user for whom we have received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to content submitted by such user. We have discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon our own determination.

10. Disclaimers of Warranties.

YOUR USE OF THE GAME TOOLS, ANY OTHER QUEST BOUND SERVICES OR THE SITE IS AT YOUR SOLE RISK AND YOU AGREE TO ASSUME ALL SUCH RISK. THE GAME TOOLS, ANY OTHER QUEST BOUND SERVICES AND THE SITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND/OR CONDITIONS OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO REPRESENTATION OR WARRANTY THAT (A) THE GAME TOOLS, ANY OTHER QUEST BOUND SERVICES OR THE SITE WILL MEET YOUR REQUIREMENTS, (B) THE GAME TOOLS, ANY OTHER QUEST BOUND SERVICES OR THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) YOUR USE OF THE GAME TOOLS, ANY OTHER QUEST BOUND SERVICES OR THE SITE WILL ACHIEVE ANY PARTICULAR RESULT, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE GAME TOOLS, ANY OTHER QUEST BOUND SERVICES OR THE SITE (INCLUDING, WITHOUT LIMITATION, ANY AUTHORIZED THIRD PARTY MATERIAL, AS DEFINED IN SECTION 2.3 HEREIN) WILL COMPLY WITH ANY LAW OR MEET YOUR REQUIREMENTS. ANY CONTENT DOWNLOADED AND ANY CONTENT, PRODUCT, OR SERVICE OBTAINED THROUGH THE USE OF THE GAME TOOLS, ANY OTHER QUEST BOUND SERVICES OR THE SITE (INCLUDING, WITHOUT LIMITATION, ANY AUTHORIZED THIRD PARTY MATERIAL, AS DEFINED IN SECTION 2.3 HEREIN) IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA AND DAMAGE TO YOUR COMPUTER SYSTEM AND ANY OTHER ITEM THAT RESULTS FROM ANY SUCH ACTIVITY.

COMPANY IS NOT RESPONSIBLE FOR ANY STATEMENT, OPINION, OR ADVICE (OR ANY DAMAGES ARISING FROM THE FOREGOING) MADE BY ANYONE (INCLUDING, WITHOUT LIMITATION, BY ANOTHER USER) OTHER THAN BY AN AUTHORIZED COMPANY SPOKESPERSON SPEAKING IN HIS/HER OFFICIAL CAPACITY.

COMPANY DOES NOT ENDORSE OR VERIFY THE ACCURACY OR RELIABILITY OF ANY STATEMENT, OPINION, OR ADVICE MADE BY ANYONE (INCLUDING, WITHOUT LIMITATION, BY ANOTHER USER) OTHER THAN BY AN AUTHORIZED COMPANY SPOKESPERSON SPEAKING IN HIS/HER OFFICIAL CAPACITY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE GAME TOOLS, ANY OTHER QUEST BOUND SERVICES OR THE SITE WILL CREATE ANY WARRANTY. THE DISCLAIMERS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE YOU ANY ACCESS RIGHT TO THE GAME TOOLS, ANY OTHER QUEST BOUND SERVICES OR THE SITE.. SOME JURISDICTIONS MAY NOT PERMIT THE DISCLAIMERS CONTAINED IN THIS PARAGRAPH, SO SOME OF THE DISCLAIMERS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

11. Limitation of Liability.

IN NO EVENT SHALL COMPANY, ITS AFFILIATES, OR ANY OF THEIR OFFICES, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE TO ANY USER OR TO ANY THIRD PARTY FOR , AND WE DISCLAIM ALL LIABILITY, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), AND ON ANY THEORY OF LIABILITY , RESULTING OR ARISING FROM: (A) ANY USE OR INABILITY TO USE THE GAME TOOLS, ANY OTHER QUEST BOUND SERVICES, THE SITE, ANY OF THE COMPANY IP ASSETS, OR ANY COMPONENT THEREOF; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY CONTENT GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE GAME TOOLS, ANY OTHER QUEST BOUND SERVICES OR THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR USER CONTENT; (D) STATEMENTS OR CONDUCT OF THE SERVICES OF ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY MODERATOR WHO IS NOT EMPLOYED BY THE COMPANY); OR (E) ANY OTHER MATTER ARISING OUT OF OR RELATING TO THE GAME TOOLS, ANY OTHER QUEST BOUND SERVICES OR THE SITE. THE LIMITATIONS OF LIABILITY CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THE GAME TOOLS, ANY OTHER QUEST BOUND SERVICES OR THE SITE TO YOU.

NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, THE PARTIES AGREE THAT COMPANY’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USER AGREEMENT, AND REGARDLESS OF THE FORM OR CAUSE OF ACTION OR THE ALLEGED BASIS OF THE CLAIM, WILL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY THE USER IN THE PRIOR TWELVE (12) MONTH FOR THE USER’S USE OF THE AUTHORIZED DOWNLOAD OF THE GAME TOOLS OR OTHER QUEST BOUND SERVICES.

SOME JURISDICTIONS MAY NOT PERMIT THE LIMITATIONS OF LIABILITY CONTAINED IN THIS PARAGRAPH, SO SOME OF THE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

12. Dispute Resolution and Arbitration.

12.1 Generally. In the interest of resolving disputes between you and the Company in the most expedient and cost effective manner, and except as described in Section 16(b), you and the Company agree that every dispute arising in connection with this User Agreement will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this User Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this User Agreement.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

12.2 Exceptions. Despite the provisions of Section 16.1, nothing in this User Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law in aid of arbitration; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

12.3 Arbitrator. Any arbitration between you and the Company will be settled under the Federal Arbitration Act and the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) (collectively, “AAA Rules”), as modified by this User Agreement. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

12.4 Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Company’s address for Notice is: 6501 Third Avenue NW, Apt. 402, Seattle, WA 98117​. The Notice of Arbitration must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or the Company may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing.

12.5 Fees. If you commence arbitration in accordance with this User Agreement, the Company will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in King County, Washington, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

12.6 No Class Actions. EACH USER AGREES THAT USERS MAY BRING CLAIMS AGAINST THE COMPANY ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

12.7 Modifications to this Arbitration Provision. If the Company makes any future change to this arbitration provision, other than a change to the Company’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to the Company’s address for Notice of Arbitration, in which case your Account with the Game Tools or other QUEST BOUND Services will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

12.8 Enforceability. If Section 12.6 is found to be unenforceable or if the entirety of this Section 12 is found to be unenforceable, then the entirety of this Section 12 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 15.2 will govern any action arising out of or related to this User Agreement.

13 Termination of User Agreement and of Use. Each user agrees that Company has the right, in its sole discretion, to terminate or suspend this Agreement, and/or to terminate or suspend the user’s access or use of any Game Tools, any other QUEST BOUND Services, the Site, or any other Company IP Asset for any reason or no reason (including, without limitation, due to a breach of this User Agreement by such User) without notice or liability to you. Upon termination or suspension, regardless of the reasons therefore: (i) user’s right to access or use (including, without limitation, the user’s Access Right as defined herein) the Game Tools, any other QUEST BOUND Services, the Site or any other rights granted to user under this User Agreement will immediately ceases; and (ii) the Company has the right to demand that the user immediately delete all copies of the Game Tools and other QUEST BOUND Services in the user’s possession or control.

14. Changes to this User Agreement or any Game Tools, Other QUEST BOUND Services or the Site. The Company may, in its sole discretion, make changes, amendments, revisions or updates, at any time and from time to time, to any of the terms and condition in this User Agreement (including without limitation any Game Tools code of conduct as defined herein), or to any aspects of the Game Tools, any other QUEST BOUND Services, or the Site, including, without limitation, any Content, any activities available on the Game Tools, other QUEST BOUND Services or Site, or any products or services offered through the Game Tools, any other QUEST BOUND Services or the Site (hereinafter collectively referred to as “Changes”). Company reserves the right to make these Changes by giving a notice that the Company deems reasonable, both in form and where such notice will be posted or sent, provided, however, the Company reserves the right not to give notice of such Changes to each individual user. A USER’S CONTINUED USE OF THE GAME TOOLS, ANY QUEST BOUND SERVICES, OR THIS SITE AFTER THE EFFECT DATE OF ANY SUCH CHANGE SHALL BE DEEMED TO CONSTITUTE YOUR ACCEPTANCE OF THE CHANGES. If you have any questions or concerns after reading this, please email Company at support@questbound.com.

15. Additional Provisions.

15.1 Indemnity. Upon a request by Company, each user hereby agrees to defend, indemnify, and hold the Company, its affiliates and other subsidiaries, and their officers, directors, employees, agents, business partners, licensors, licensees and other representatives harmless from any and all damages, liabilities, costs, claims, and expenses (including attorney’s fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising out of, in connection with, or related to such User’s: (a) use, misuse or unpermitted use of the Game Tools, any other QUEST BOUND Services, the Site, QUEST BOUND Services Content, or any other Company IP Assets (b) infringement of any Trademarks, copyrights or other intellectual property rights, or other rights of the Company; (c) breach or violation of this Agreement; or (d) i infringement of any Trademarks, copyrights or other intellectual property rights, or any other rights, of any third party, including without limitation infringing any Trademarks, copyrights or other intellectual property rights held by any third party in any User Third Party Content (as such term is defined in Section 5 herein). Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by any user under this provision, in which event the user will cooperate with Company in that action.

15.2 Applicable Law; Disputes.

15.2.1 This User Agreement, and any and all disputes, issues, controversies or matters arising from or related to this Agreement, any Game Tools, other QUEST BOUND Services or the Site, is governed by and construed exclusively in accordance with the laws and decisions of the State of Washington, without giving effect to its choice of law or conflict of law provisions. 15.2.2 Subject at all times to the application of, and the terms and conditions set forth in, Section 12 above ( Dispute Resolution and Arbitration) which shall govern all disputes between the parties, you agree that the state and federal courts sitting in Seattle, Washington will be the exclusive forum and situs for the resolution of any and all disputes, issues, controversies or matters (to the extent such disputes, issues, controversies or matters are not, or are no longer, subject to and governed by Section 12 herein) arising from or related to this User Agreement or any Game Tools, other QUEST BOUND Services or the Site, and that any such disputes, issues, controversies or matters must be resolved individually, without resort to any form of class action. You hereby consent to personal jurisdiction and venue in Seattle, Washington and service of process by certified mail. If any part of this provision is held invalid or unenforceable, that portion is construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the User Agreement, and the remaining portions remain in full force and effect.

15.3 Entire Agreement. This User Agreement, accepted by your first use of the Game Tools, any other QUEST BOUND Services or the Site, and further affirmed by creating an Account or submitting Content to any Game Tools, other QUEST BOUND Services or the Site, contains the entire agreement between you and the Company regarding the subject matter of this User Agreement (including without limitation the use of all Game Tools, all other QUEST BOUND Services, and the Site) and supersedes all prior agreements and understandings of the parties with respect to that subject matter.

15.4 Consent to Electronic Communications. By using the Game Tools, any other QUEST BOUND Services or the Site, or by texting or e-mailing us, you consent to receive communications from us electronically, provided such communications are otherwise in accordance with the User Agreement. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via the Game Tools, any other QUEST BOUND Services, the Site, by texting, by email, or otherwise, satisfy any legal requirement that such communications be in writing.

15.5 Remedies. Each user acknowledges and agrees that monetary damages may not be a sufficient remedy for unauthorized use of the Game Tools, any other QUEST BOUND Services, the Site or any other Company IP Assets, and therefore each user hereby agrees that Company shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court or arbitration panel of competent jurisdiction without necessity of posting a bond and without having to plead and prove lack of an adequate remedy at law.

15.6 Attorney Fees. If any suit or action is filed by any party to enforce this Agreement or otherwise with respect to the subject matter of this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court and, if any appeal is taken from the decision of the trial court, reasonable attorney fees as fixed by the appellate court.

15.7 Binding Effect; No Assignment by Users; Permissible Assignment by Company. This User Agreement shall be binding upon and inure to the benefit of each party’s respective successors and lawful assigns; provided, however, a user does not have the right to assign this User Agreement or any of its rights to use a Game Tools, any other QUEST BOUND Services or this Site, in whole or in part. Any purported assignment by a user in violation of this Section shall be void. Company shall have the right to assign this Agreement, or any part of it, in its sole discretion to any party, and all covenants and agreements hereunder shall inure to the benefit of and be enforceable by such successors and assigns.

15.8 Enforcement. None of the provisions of this User Agreement shall be deemed to have been waived by any act or acquiescence on the part of Company, its agents, or employees, except upon an instrument in writing signed by an authorized employee of the Company. No waiver of any provision of this Agreement shall constitute a waiver of any other provision(s) or of the same provision on another occasion. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the remainder of the Agreement shall continue in effect.

16. Contact the Company. If you have any questions about this Agreement, or need to contact the Company, you can mail the Company at Quest Bound Technology, LLC 12101 Tukwila International Blvd. Tukwila, WA 98168-2569 or by emailing the Company at support@questbound.com. Any notices to the Company under this Agreement from a User must be sent to the Company by sending to the above address or by emailing to the above email address.