Terms of USE AGREEMENT

Terms of Use Agreement

Last Updated Date: Feb, 2, 2025

Welcome and thank you for your interest in Anykraft Pte. Ltd. (“Anykraft”, “we”, “us” or “our”).  This Terms of Use Agreement (“Terms of Use”, and together with any applicable Supplemental Terms (as defined in Section 1.6 (Supplemental Terms)), the “Agreement”) describes the terms and conditions that apply to your use of (i) the websites located at neonrunners.gg and anykraft.io and their respective subdomains (collectively, the “Website”), and (ii) the services, Content (defined below), and other resources available on or enabled via our Website, including our unique online games (each and collectively, a “Game”) and features that allow users to design, build, and submit features, levels, and other modules (collectively, “Modules”) to be used in the Games (collectively, with our Website, the “Service”).

PLEASE READ THIS AGREEMENT CAREFULLY.  THIS AGREEMENT GOVERNS THE USE OF THE SERVICE AND APPLIES TO ALL USERS VISITING OR ACCESSING THE SERVICE.  BY ACCESSING OR USING THE SERVICE IN ANY WAY, ACCEPTING THIS AGREEMENT BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE ACCOUNT REGISTRATION PROCESS, BROWSING THE WEBSITE OR DOWNLOADING THE APPLICATION, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH ANYKRAFT, (3) YOU ARE NOT BARRED FROM USING THE SERVICE UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION; AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR, IF YOU ARE ACCESSING OR USING THE SERVICE ON BEHALF OF AN ENTITY, ON BEHALF OF THE ENTITY IDENTIFIED IN THE ACCOUNT REGISTRATION PROCESS.  IF THE INDIVIDUAL ENTERING INTO THIS AGREEMENT IS DOING SO ON BEHALF OF AN ENTITY, ALL REFERENCES TO “YOU” OR “YOUR” IN THIS AGREEMENT WILL ALSO BE DEEMED TO REFER TO SUCH ENTITY.  IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICE.

SECTION 17 CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND ANYKRAFT.  AMONG OTHER THINGS, SECTION 17 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION.  SECTION 17 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER.  PLEASE READ SECTION 17 CAREFULLY.

UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS IN ACCORDANCE WITH SECTION 17.2(j): (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

ANY DIGITAL ASSETS MADE AVAILABLE UNDER THIS AGREEMENT, INCLUDING ANY SKINS, POINTS, REWARDS, OR OTHER DIGITAL ASSETS, ARE LICENSED, AND NOT SOLD.  For the avoidance of doubt, and notwithstanding any language that indicates a “purchase” of any such digital assets, Anykraft may cease to support or make available any Content linked to or embedded in such digital assets at any time in its sole discretion, and any license to any digital asset shall automatically terminate at such time.

The Agreement IS subject to change by Anykraft in its sole discretion at any time AS SET FORTH IN SECTION Agreement Updates.  When changes are made, Anykraft will make a new copy of this Terms of Use and/or Supplemental Terms, as applicable, available on the Service, and we will also update the “Last Updated” date at the top of this Agreement.  If we make any material changes and you have registered an Account with us, we will also send an email with an updated copy of this Agreement to you at the email address associated with your Account.  Unless otherwise stated in such update, any changes to this Agreement will be effective immediately for users without an Account and thirty (30) days after posting for users with an Account.  Anykraft may require you to provide consent to the updated Agreement in a specified manner before further use of the Service is permitted.  IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU SHALL STOP USING THE SERVICE.  (Agreement updates).

You should print a copy of this Agreement or save it to your computer for future reference.

1.              USE OF THE SERVICE.  The Service and the information and Content available on the Service are protected by applicable intellectual property (including copyright) laws.  Unless subject to a separate license agreement between you and Anykraft, your right to access and use the Service, in whole or in part, is subject to this Agreement.

1.1           License to App. Subject to your compliance with the Agreement, Anykraft grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the App on a mobile device that you own or control and to run such copy of the App solely for your own personal or internal business purposes.  Furthermore, you will only use any App Store Sourced App (a) on an Apple-branded product that runs the iOS and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.  Notwithstanding anything else set forth herein, with respect to any Google Play Sourced App, you may have additional license rights with respect to use of the App on a shared basis within your designated family group.

1.2           Games.  Please carefully read the instructions and other documentation provided in connection with the Games.  The rules applicable to the Games, or any level, Module, or component thereof, are subject to change in Anykraft’s sole discretion.  Please review the then-current rules of the Games regularly to ensure you are familiar with the then-current terms applicable to your interaction with each such Game. Anykraft shall have no liability to you in connection with your interaction with or participation in any Game. Anykraft may, in its sole discretion and with or without notice to you, remove one or more Game from the Service.

1.3           Modules.  The Service enables users to use certain Software (defined below) and Content (defined below), including Game components provided by Anykraft, to design, create, and modify Modules and to submit such Modules to Anykraft for inclusion in the Game. Anykraft may in its discretion make your Module available to other users through or in connection with the Game. When you submit a Module to Anykraft, you may be eligible to receive Rewards in accordance with the Rewards Program Terms, subject to your ongoing eligibility thereunder.  

1.4           Points.  Subject to your ongoing compliance with this Agreement and any Points Program Terms (defined below) made available by Anykraft from time to time, Anykraft may enable you to participate in a limited program that rewards users for interacting with the Service (the “Points Program”) by allocating such users with digital assets that bear no cash or monetary value and are made available by Anykraft (“Points”, as further described below).  Your participation in the Points Program constitutes your acceptance of the then-current terms and conditions applicable to the Points Program at the time of such participation (the “Points Program Terms”), as may be modified or updated by Anykraft in its sole discretion.  Additional terms applicable to the Points Program, which shall constitute part of the Points Program Terms, may be set forth on the Services from time to time.  Points will be allocated in accordance with the then-current Points Program Terms and any applicable Supplemental Terms.  Anykraft does not guarantee that you will receive or be eligible to receive any minimum amount of Points.  Points have no monetary value.  Accumulating Points does not entitle you to any vested rights, and Anykraft does not guarantee in any way the continued availability of Points.  POINTS HAVE NO CASH VALUE.  POINTS ARE MADE AVAILABLE “AS IS” AND WITHOUT WARRANTY OF ANY KIND.  In the event that any applicable authority determines that your receipt of Points is a taxable event, you agree that you, and not Anykraft, are solely liable for payment of such taxes, and you agree to indemnify Anykraft in connection with same.  Points are provided solely as an optional enhancement to users to incentivize participation in our community.  Points do not constitute compensation or any other form of consideration for services.  You agree that Points may be cancelled or revoked by Anykraft at any time, including if you breach this Agreement; misuse or abuse the Points Program; or commit or participate in any fraudulent activity related to the Points Program.  Anykraft RESERVES THE RIGHT TO MODIFY OR TERMINATE THE POINTS PROGRAM AT ANY TIME, FOR ANY OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU.  In the event of any termination, all Points will expire immediately as of the effective date of termination.

1.5           Anykraft Software.  Use of any software and associated documentation that is made available via the Service (“Software”), including without limitation any software that accompanies the Game and/or Software that enables you to design and develop Modules, is governed by the terms of the license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the Website page(s) accompanying the Software.  These license terms may be posted with the Software downloads or at the Website page where the Software can be accessed.  Unless you agree to the terms of such license agreement, you shall not use, download, or install any Software that is accompanied by or includes a license agreement.  At no time will Anykraft provide you with any tangible copy of our Software.  Anykraft delivers access to the Software via electronic transfer or download and does not use or deliver any tangible media in connection with the (i) delivery, installation, updating or problem resolution of any Software (including any new releases); or (ii) delivery, correction or updating of documentation.  For the purposes of this section, tangible media shall include, but is not limited to, any compact disk, card, flash drive, or any other comparable physical medium.  Unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, or redistribution or use on a service bureau basis.  If there is any conflict between this Agreement and the license agreement, the license agreement takes precedence in relation to that Software (except as provided in the following sentence).  If the Software is a pre-release version, then, notwithstanding anything to the contrary included within an accompanying license agreement, you are not permitted to use or otherwise rely on the Software for any commercial or production purposes.  If you and Anykraft have not entered into a separate license agreement with respect to your use of the Software or if no license agreement accompanies use of the Software, use of the Software will be governed by this Agreement and, subject to your compliance with this Agreement, Anykraft grants you a non-assignable, non-transferable, non-sublicensable, revocable, non-exclusive license to use the Software for the sole purpose of enabling you to use the Service in the manner permitted by this Agreement.  Some Software may be offered under an open source license that we will make available to you upon your written request.  There may be provisions in the open source license that expressly override this Agreement.

1.6           Supplemental Terms.  Your use of, and participation in, certain features and functionality of the Service (including the Game) may be subject to additional terms (“Supplemental Terms”).  Such Supplemental Terms will either be set forth in the applicable supplemental Service or will be presented to you for your acceptance when you sign up to use the supplemental Service.  If these Terms of Use are inconsistent with the Supplemental Terms, then the Supplemental Terms control with respect to such supplemental Service.

1.7           Updates.  You understand that the Service is evolving.  You acknowledge and agree that Anykraft may update the Service with or without notifying you.  You may need to update third-party software from time to time in order to continue to use the Service.  Any future release, update or other addition to the Service shall be subject to this Agreement. 

2.              REGISTRATION.

2.1           Registering Your Account.  In order to access certain features of the Service, you may be required to register an account on the Service (“Account”), or connect to the Service through a valid account on a supported social networking service (“SNS”), as permitted by the Service (each such account, a “Third-Party Account”).

2.2           Registration Data.  In registering an Account on the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  You represent that you are (i) at least thirteen (13) years old; (ii) of legal age to form a binding contract; and (iii) not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction.  You are responsible for all activities that occur under your Account.  You may not share your Account or password with anyone, and you agree to notify us immediately of any unauthorized use of your password or any other breach of security.  If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof).  You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself.  We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights.  You agree not to create an Account or use the Service if you have been previously removed by us, or if you have been previously banned from any of the Services.  Anykraft may require you to provide additional information and documents at the request of any competent authority, in order to help Anykraft comply with applicable law, regulation, or policy, including laws related to anti-money laundering, or for counteracting financing of terrorism, or otherwise in Anykraft’s sole discretion.  Anykraft may also require you to provide additional information and documents in cases where it has reasons to believe that (x) your Account is being used for money laundering or for any other illegal activity; (y) you have concealed or reported false identification information and other details; or (z) transactions effected via your Account were effected in breach of this Agreement.  In such cases, Anykraft, in its sole discretion, may pause or cancel your transactions until such requested additional information and documents have been reviewed by Anykraft and accepted as satisfying the requirements of applicable law, regulation, or policy.  If you do not provide complete and accurate information and documents in response to any such request from Anykraft, Anykraft may refuse to provide further access to the Services to you.

2.3           Access Through an SNS.  The Service may allow you to link your Account with a Third-Party Account by allowing Anykraft to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.  You represent that you are entitled to disclose your Third-Party Account login information to Anykraft and/or grant Anykraft access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Anykraft to pay any fees or making Anykraft subject to any usage limitations imposed by such third-party service providers.  By granting Anykraft access to any Third-Party Account, you understand that Anykraft may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Service via your Account.  Unless otherwise specified in this Agreement, all SNS Content is considered to be your User Content (as defined in Section 3.1) for all purposes of this Agreement.  Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Service.  If a Third-Party Account or associated service becomes unavailable, or Anykraft’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Service.  You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Service.  YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND ANYKRAFT DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.  Anykraft makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Anykraft is not responsible for any SNS Content.

2.4           Wallet.  In order to access and use certain Services, you must connect your Account to a software-based wallet that enables storage of and transactions in cryptocurrency and other digital assets (“Wallet”) that is compatible with the Services.  You are solely responsible for your Wallet, including for maintaining the security of such Wallet, and Anykraft shall have no liability to you in connection with same.

2.5           Your Account.  Notwithstanding anything to the contrary herein, you acknowledge and agree that you have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of Anykraft.  Furthermore, you are responsible for all activities that occur under your Account.  You shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Service by minors.  You may not share your Account or password with anyone, and you agree to notify Anykraft immediately of any unauthorized use of your password or any other breach of security.  If you provide any information that is untrue, inaccurate, incomplete or not current, or Anykraft has reasonable grounds to suspect that any information you provide is untrue, inaccurate, incomplete or not current, Anykraft has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof).  You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself.  You shall not have more than one Account at any given time.  Anykraft reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights.  You agree not to create an Account or use the Service if you have been previously removed by Anykraft, or if you have been previously banned from any of the Service.

2.6           digital assets Representations and Warranties.  When you register for an Account, you hereby represent and warrant, to and for the benefit of the Anykraft Parties (as defined below), as follows:

(a)            Independent Investigation and Non-Reliance.  You are sophisticated, experienced and knowledgeable in the minting, listing, buying, receiving, selling or trading of digital assets using blockchain technology.  Additionally, you have conducted an independent investigation of the Services and the matters contemplated by this Agreement, have formed your own independent judgment regarding the benefits and risks of and necessary and desirable practices regarding the foregoing and, in making the determination to mint, list, buy, sell, receive, or trade any digital assets using the Services, you have relied solely on the results of such investigation and such independent judgment.  Without limiting the generality of the foregoing, you understand, acknowledge and agree that the legal requirements pertaining to blockchain technologies and digital assets generally are evolving, and you have conducted an independent investigation of such potentially applicable legal requirements and the resulting risks and uncertainties, including the risk that one or more governmental entities or other persons may assert that any digital assets or cryptographic tokens may constitute securities under applicable legal requirements.  You hereby irrevocably disclaim and disavow reliance upon any statements or representations made by or on behalf of, or information made available by, Anykraft, in determining to enter into this Agreement, mint, list, buy, sell, accept, or trade any digital assets or use the Service.

(b)            Eligibility.  None of: (i) you; (ii) any affiliate of any entity on behalf of which you are entering into this Agreement; (iii) any other person having a beneficial interest in any entity on behalf of which you are entering into this Agreement (or in any affiliate thereof); or (iv) any person for whom you are acting as agent or nominee in connection with this Agreement is: (A) a country, territory, entity or individual named on an OFAC list as provided at http://www.treas.gov/ofac, or any person or entity prohibited under the OFAC programs, regardless of whether or not they appear on the OFAC list; or (B) a senior foreign political figure, or any immediate family member or close associate of a senior foreign political figure.

(c)            Litigation.  There is no legal proceeding pending that relates to your activities relating to digital assets or other blockchain technology related activities.

(d)            Compliance.  You have not failed to comply with, and have not violated, any applicable legal requirement relating to any blockchain technologies or digital assets.  No investigation or review by any governmental entity is pending or, to your knowledge, has been threatened against or with respect to you, nor does any government order or action prohibit you or any of your representatives from engaging in or continuing any conduct, activity or practice relating to digital assets.

2.7           Necessary Equipment and Software.  You must provide all devices and other equipment or software (excluding Software) necessary to access or use the Service.  You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing the Service.

3.              RESPONSIBILITY FOR CONTENT.

3.1           Types of Content.  You acknowledge that any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Service (collectively, “Content”), is the sole responsibility of the party from whom such Content originated.  This means that you and other users of the Service, and not Anykraft, are entirely responsible for all Content, including SNS Content, that you and they, respectively, upload, post, email, transmit or otherwise make available through the Service (“User Content”).

3.2           Storage.  Unless expressly agreed to by Anykraft in writing elsewhere, Anykraft has no obligation to store any of your User Content.  Anykraft has no responsibility or liability for the deletion or accuracy of any Content, including your User Content; the failure to store, transmit, or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Service.  Certain features and functionality of the Service may enable you to specify the level at which the Service restricts access to your User Content.  In such cases, you are solely responsible for applying the appropriate level of access to your User Content.  If you do not choose a level of access, the system may default to its most permissive setting. 

4.              OWNERSHIP.

4.1           The Service.  Except with respect to your User Content, you agree that Anykraft and its suppliers or licensors own all rights, title and interest in the Service (including but not limited to, any computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, and Anykraft software).  You shall not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any the Service, including any Marks (defined below) made available in connection with the creation of any Module.

4.2           Trademarks.  Anykraft’s name and all related stylizations, graphics, logos, service marks and trade names used on or with the Service (“Marks”) are the trademarks of Anykraft and may not be used without permission in connection with your, or any third-party’s, products or services.  Other trademarks, service marks and trade names that may appear on or in the Service are the property of their respective owners.

4.3           User Content.  Anykraft does not claim ownership of your User Content.  However, when you make available any Content on or to the Service, you represent that you own and/or have sufficient rights to your User Content to grant the license set forth in Section 4.4 (License to your User Content).

4.4           License to your User Content.  Subject to any applicable Account settings that you select, you grant Anykraft a non-exclusive, transferable, perpetual, irrevocable, worldwide, fully-paid, royalty-free, sublicensable (through multiple tiers of sublicensees) right (including any moral rights) and license to use, copy, reproduce, modify, adapt, prepare derivative works from, translate, distribute, publicly perform, publicly display and derive revenue or other remuneration from your User Content (in whole or in part) for the purposes of operating and providing the Service to you and to our other users.  Please remember that other users may be able to search for, see, use, modify and/or reproduce any of your User Content that you submit to any area of the Service that is accessible by other users.

4.5           Modules.  Notwithstanding anything else set forth herein with respect to User Content, when you make a Module available on or through the Service, you agree to assign, and do hereby assign to Anykraft, all right, title and interest that you have in and t o such Modul e. In the event that you have any rights (including moral rights) in the Module that cannot be assigned, you hereby perpetually and irrevocably waive all such rights.  Anykraft hereby grants you a limited, revocable, non-sublicensable, nontransferable license to display such Module for the purpose of credentials presentations and for inclusions in your portfolio(s); provided that any such use shall be without modification of the Module (i.e., you may not modify or create derivative works of the Module, including without limitation by processing the Module or any component thereof through any third-party platform or service).

4.6           Username.  Notwithstanding anything contained herein to the contrary, by submitting your User Content (including without limitation your Modules) to any forums, comments, or any other area on the Service, you hereby expressly permit Anykraft to identify you by your username (which may be a pseudonym) as the contributor of your User Content in any publication in any form, media or technology now known or later developed in connection with your User Content.

4.7           Feedback.  You agree that submission of any ideas, suggestions, documents, and/or proposals to Anykraft through its suggestion, feedback, forum, or similar pages (“Feedback”) is at your own risk and that Anykraft has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.  You represent and warrant that you have all rights necessary to submit the Feedback.  You hereby grant to Anykraft a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Service and/or Anykraft’s business.

5.              USER CONDUCT AND CERTAIN RESTRICTIONS.  As a condition of use, you agree not to use the Service for any purpose that is prohibited by this Agreement or by applicable law.  You shall not (and shall not permit any third party) to: (i) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Service or any portion of the Service; (ii) frame or utilize framing techniques to enclose any trademark or logo located on the Service or any other portion of the Service (including images, text, page layout or form); (iii) use any metatags or other “hidden text” using Anykraft’s name or trademarks; (iv) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Service except to the extent the foregoing restrictions are expressly prohibited by applicable law; (v) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from any web pages contained in the Service (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (vi) remove or destroy any copyright notices or other proprietary markings contained on or in the Service; (vii) impersonate any person or entity, including any employee or representative of Anykraft; (viii) interfere with or attempts to interfere with the proper functioning of the Service or use the Service in any way not expressly permitted by this Agreement, including but not limited to violating or attempting to violate any security features of the Service, introducing viruses, worms, or similar harmful code into the Service, or interfering or attempting to interfere with use of the Services by any other user, host, or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Service; or (ix) take any action or make available any Content on or through the Service that: (A) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (B) constitutes unauthorized or unsolicited advertising, junk or bulk email; or (C) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without Anykraft’s prior written consent.  Furthermore, your User Content may not contain nudity, violence, sexually explicit, or offensive subject matter as determined by Anykraft in its sole discretion.  You may not post or make available a photograph of or information regarding another person without that person’s permission.  The rights granted to you in this Agreement are subject to your compliance with the restrictions set forth in this section.  Any unauthorized use of the Service terminates the licenses granted by Anykraft pursuant to this Agreement.

6.              INVESTIGATIONS, MONITORING, & NO OBLIGATION TO PRE-SCREEN CONTENT.  Anykraft may, but is not obligated to, investigate, monitor, pre-screen, remove, refuse, or review the Service and/or Content, including User Content, at any time.  You hereby provide your irrevocable consent to such monitoring.  You acknowledge and agree that you have no expectation of privacy concerning the transmission of your User Content, including without limitation chat, text, or voice communications.

Without limiting the foregoing, Anykraft reserves the right to: (a) remove or refuse to post any of your User Content for any or no reason in our sole discretion; (b) take any action with respect to any of your User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for Anykraft; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to and cooperation with law enforcement and/or other applicable legal authorities, for any illegal or unauthorized use of the Service or if Anykraft otherwise believes that criminal activity has occurred; and/or (e) terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of this Agreement.  Upon determination of any possible violations by you of any provision of this Agreement, Anykraft, may, at its sole discretion immediately terminate your license to use the Service, or change, alter or remove your User Content, in whole or in part, without prior notice to you.

If Anykraft believes that criminal activity has occurred, Anykraft reserves the right to, except to the extent prohibited by applicable law, disclose any information or materials on or in the Service, including your User Content, in Anykraft’s possession in connection with your use of the Service, to (i) comply with applicable laws, legal process or governmental request, (ii) enforce this Agreement, (iii) respond to any claims that your User Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property, or personal safety of Anykraft, its users or the public, and all enforcement or other government officials, as Anykraft in its sole discretion believes to be necessary or appropriate.

7.              INTERACTIONS WITH OTHER USERS.

7.1           User Responsibility.  You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service; provided, however, that Anykraft reserves the right, but has no obligation, to intercede in any disputes between you and any other users.  You agree that Anykraft will not be responsible for any liability incurred as the result of your interactions with other users.

7.2           Content Provided by Other Users.  The Service may contain User Content provided by other users.  Anykraft is not responsible for and does not control User Content.  Anykraft does not approve or endorse, or make any representations or warranties with respect to, User Content.  You use all User Content and interact with other users at your own risk.

8.              THIRD-PARTY SERVICES.

8.1           Third-Party Services.  The Service may contain links to third-party websites, third-party applications, and advertisements for third parties (collectively, the “Third-Party Services”).  When you click on a link to a Third-Party Service, we will not warn you that you have left the Service and you become subject to the terms and conditions (including privacy policies) of another website or destination.  Such Third-Party Services are not under the control of Anykraft.  Anykraft is not responsible for any Third-Party Services.  Anykraft provides these Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services, or any product or service provided in connection therewith.  You use all links in Third-Party Services at your own risk.  When you leave our Service, this Agreement and our policies no longer govern.  You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

8.2           Sharing your User Content and Information Through Third-Party Services.  Anykraft may provide tools through the Service that enable you to export information, including your User Content, to Third-Party Services.  By using one of these tools, you agree that Anykraft may transfer that information to the applicable Third-Party Service.  Anykraft is not responsible for any Third-Party Service’s use of your exported information.

9.              FEES AND PURCHASE TERMS.

9.1           Third-Party Service Provider.  Anykraft does not currently charge any fees or charges (“Fees”) for the Services.  If at any point in the future, Anykraft begins to charge a Fee for the Game or any other Service, you agree to pay all such Fees in accordance with the fees, charges and billing terms in effect at the time a Fee is due and payable.  By providing Anykraft with your payment information, you agree that Anykraft is authorized to immediately invoice your Account for all Fees due and payable to Anykraft hereunder and that no additional notice or consent is required.  You shall immediately notify Anykraft of any change in your payment information to maintain its completeness and accuracy.  Anykraft reserves the right at any time to change its prices and billing methods in its sole discretion.  You agree to have sufficient funds or credit available upon placement of any order to ensure that the purchase price is collectible by us.  Your failure to provide accurate payment information to Anykraft or our inability to collect payment constitutes your material breach of this Agreement.  Except as set forth in this Agreement, all Fees for the Service are non-refundable.

9.5       Taxes.  If at any point in the future, Anykraft begins to charge a Fee for the Game or any other Service and Anykraft determines it has an obligation to collect Sales Tax from you in connection with this Agreement, Anykraft will collect such Sales Tax in addition to the Fee(s).  If any Service, or payments for any Service, under this Agreement is subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Anykraft, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant authority, and you will indemnify Anykraft for any liability or expense Anykraft may incur in connection with such Sales Taxes.  Upon Anykraft’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes.  For purposes of this section, “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

9.2           Withholding Taxes.  You shall make all payments of Fees to Anykraft free and clear of, and without reduction for, any withholding taxes.  Any such taxes imposed on payments of Fees to Anykraft shall be your sole responsibility, and you shall provide Anykraft with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.

9.3           Free Trials and Promotional Access.  Any free trial or other promotional access to the Service must be used within the time specified at the time you registered for such free trial or promotion.  At the end of the trial or promotional period, your access to the applicable Service, features, or functionality thereof will expire, and any further use of such Service, features, or functionality thereof is prohibited unless you pay the applicable Fee. 

9.4           Advertising Revenue.  Anykraft reserves the right to display advertisements, including third-party advertisements, before, after, or in conjunction with Content posted on the Service (including without limitation your Modules), and you acknowledge and agree that Anykraft has no obligation to you in connection therewith (including, without limitation, any obligation to share revenue received by Anykraft as a result of such advertising).

10.           Indemnification.  You shall indemnify and hold Anykraft, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Anykraft Party” and collectively, the “Anykraft Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (i) your User Content; (ii) your use of, or inability to use, the Service; (iii) your violation of this Agreement; (iv) your violation of any rights of another party, including any user; or (v) your violation of any applicable laws, rules or regulations.  Anykraft reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Anykraft in asserting any available defenses.  This provision does not require you to indemnify any of the Anykraft Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Service provided hereunder.  You agree that the provisions in this section will survive any termination of your Account, this Agreement and/or your access to the Service.

11.           ASSUMPTION OF RISK RELATED TO BLOCKCHAIN TECHNOLOGY.  You acknowledge and agree as follows:

11.1        In order to be successfully completed, any transaction involving digital assets initiated by or sent to your Wallet must be confirmed by and recorded on the blockchain supporting such digital asset.  Anykraft has no control over any blockchain and therefore cannot and does not ensure that any transaction details that you submit or receive via our Services will be validated by or confirmed on the relevant blockchain and does not have the ability to facilitate any cancellation or modification requests.  You accept and acknowledge that you take full responsibility for all activities that you effect through your Wallet and accept all risks of loss, including loss as a result of any authorized or unauthorized access to your Wallet, to the maximum extent permitted by law.  You further accept and acknowledge that:

11.2        You (i) have the necessary technical expertise and ability to review and evaluate the security, integrity and operation of your Wallet; (ii) have the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits, risks and applicable compliance requirements under applicable laws of any use of your Wallet; (iii) know, understand and accept the risks associated with your Wallet; and (iv) accept the risks associated with blockchain technology generally, and are responsible for conducting your own independent analysis of the risks specific to any digital assets you purchase or sell.  You further agree that Anykraft will have no responsibility or liability for, such risks.

11.3        You are solely responsible for determining what, if any, taxes apply to your transactions of digital assets.  Anykraft is not responsible for determining the taxes that apply to digital asset transactions.

11.4        Anykraft does not store, send, or receive digital assets.  This is because digital assets exist only by virtue of the ownership record maintained on its supporting blockchain, and so any transfer of digital assets occurs within the supporting blockchain and not in the Services.  The transaction details you submit via the Services may not be completed, or may be substantially delayed, as a result of activity or lack thereof on the blockchain used to process the transaction.  Once transaction details have been submitted through your Wallet, Anykraft cannot assist you to cancel or otherwise modify your transaction or transaction details.  Anykraft makes no warranties or guarantees that a transfer initiated on the Services will successfully transfer title or right in any digital asset.

11.5        There are risks associated with using digital assets, including but not limited to, the risk of hardware, software and Internet connections; the risk of malicious software introduction; the risk that third parties may obtain unauthorized access to information stored within your Wallet; and the risk of counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable.  You accept and acknowledge that Anykraft will not be responsible for any communication failures, disruptions, errors, distortions or delays or losses you may experience when using blockchain technology, however caused.

11.6        The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Services and the utility of digital assets.

11.7        Anykraft makes no guarantee as to the functionality of any blockchain’s decentralized governance, which could, among other things, lead to delays, conflicts of interest, or operational decisions that are unfavorable to certain owners of certain digital assets.  You acknowledge and accept that the protocols governing the operation of a blockchain may be subject to sudden changes in operating rules which may materially alter the blockchain and affect the value and function of digital assets supported by that blockchain.

11.8        Anykraft makes no guarantee as to the security of any blockchain.  Anykraft is not liable for any hacks, double spending, stolen digital assets, or any other attacks on a blockchain.

11.9        The Services rely on, and Anykraft makes no guarantee or warranties as to the functionality of or access to, any third-party Wallet (such as Privy, MetaMask, and/or Ledger) to perform any transactions.

12.           DISCLAIMER OF WARRANTIES.

12.1        As Is.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.  THE ANYKRAFT PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICE. 

(a)            THE ANYKRAFT PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICE WILL MEET YOUR REQUIREMENTS (SUCH AS THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICE); (2) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

(b)            ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND/OR ANY DEVICE YOU USE TO ACCESS THE SERVICE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

(c)            From time to time, Anykraft may offer new “beta” features or tools with which its users may experiment.  Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Anykraft’s sole discretion.  The provisions of this section apply with full force to such features or tools.

(d)            YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHAT, IF ANY, TAXES APPLY TO YOUR TRANSACTIONS ON OR THROUGH THE SERVICES.  THE ANYKRAFT PARTIES ARE NOT RESPONSIBLE FOR DETERMINING ANY TAXES THAT MAY APPLY TO SUCH TRANSACTIONS. 

(e)            THERE ARE RISKS ASSOCIATED WITH USING DIGITAL ASSETS, INCLUDING BUT NOT LIMITED TO, THE RISK OF HARDWARE, SOFTWARE AND INTERNET CONNECTIONS, THE RISK OF MALICIOUS SOFTWARE INTRODUCTION, AND THE RISK THAT THIRD PARTIES MAY OBTAIN UNAUTHORIZED ACCESS TO YOUR INFORMATION.

(f)             THE LEGAL AND REGULATORY REGIME GOVERNING DIGITAL ASSETS, AND NEW REGULATIONS OR POLICIES MAY MATERIALLY ADVERSELY AFFECT THE DEVELOPMENT OF THE SERVICES AND THE UTILITY AND AVAILABILITY of ANY DIGITAL ASSETS.

(g)            CRYPTOCURRENCY ASSETS EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE SUPPORTING BLOCKCHAIN.  ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE APPLICABLE BLOCKCHAIN PLATFORM.  WE DO NOT GUARANTEE THAT ANYKRAFT OR ANY ANYKRAFT PARTY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY DIGITAL ASSETS.  WE CANNOT AND DO NOT GUARANTEE THAT ANY DIGITAL ASSET WILL HAVE OR RETAIN ANY INHERENT VALUE.

(h)             

12.2        No Liability for Conduct of Third Parties.  YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THIRD PARTIES ON THE SERVICE.  YOU ACKNOWLEDGE AND AGREE THAT THE ANYKRAFT PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE ANYKRAFT PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.  YOU UNDERSTAND THAT ANYKRAFT DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS.  ANYKRAFT MAKES NO WARRANTY THAT THE GOODS OR SERVICE PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.  ANYKRAFT MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT (INCLUDING MODULES) OBTAINED THROUGH THE SERVICE.

13.           LIMITATION OF LIABILITY.

13.1        Disclaimer of Certain Damages.  YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE ANYKRAFT PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT ANY ANYKRAFT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICE, OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR THIRD PARTIES, ON ANY THEORY OF LIABILITY, INCLUDING TO THE EXTENT RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SERVICE; (ii) ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATED TO THE SERVICE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.  THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY OF AN ANYKRAFT PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY AN ANYKRAFT PARTY’S NEGLIGENCE; OR FOR (A) ANY INJURY CAUSED BY AN ANYKRAFT PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.  ANYKRAFT DOES NOT IN ANY WAY SEEK TO EXCLUDE OR LIMIT LIABILITY FOR (1) DEATH OR PERSONAL INJURY CAUSED BY ANYKRAFT’S NEGLIGENCE; (2) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (3) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH OR EU LAW.

13.2        Cap on Liability.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE ANYKRAFT PARTIES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (i) THE TOTAL AMOUNT PAID TO Anykraft by you during the THREE-month period prior to the act, omission or occurrence giving rise to such liability; (ii) $100; or (iii) IF APPLICABLE, THE STATUTORY REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES.  THE FOREGOING CAP ON LIABILITY DOES NOT APPLY TO LIABILITY OF AN ANYKRAFT PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY AN ANYKRAFT PARTY’S NEGLIGENCE; OR (B) ANY INJURY CAUSED BY AN ANYKRAFT PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

13.3        User Content.  ANYKRAFT ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

13.4        Exclusion of Damages.  CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

13.5        Basis of the Bargain.  THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ANYKRAFT AND YOU.

14.           PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY RIGHT INFRINGEMENT.  It is Anykraft’s policy to terminate membership privileges of any user who repeatedly infringes copyright, trademark, or other intellectual property rights upon prompt notification to Anykraft by the respective intellectual property owner or their legal agent.  Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes intellectual property rights infringement, please provide our designated intellectual property agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright, trademark, or other intellectual property right; (ii) a description of the copyrighted work, trademark, or other intellectual property right that you claim has been infringed; (iii) a description of the location on the Service of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright, trademark, or other intellectual property right owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright, trademark, or other intellectual property right owner or authorized to act on the copyright, trademark, or other intellectual property right owner’s behalf.  Contact information for Anykraft’s designated agent for notice of claims of infringement is as follows: Lu Ke Ahn, 109 NORTH BRIDGE ROAD, #07-22, FUNAN, SINGAPORE 179097

15.           TERM AND TERMINATION.

15.1        Term.  The term of this Agreement commences on the date when you accept this Agreement (as described in the preamble above), and continues in full force and effect while you use the Service, unless terminated earlier in accordance with this Agreement.

15.2        Termination of Service by Anykraft.  If you have materially breached any provision of this Agreement, or if Anykraft is required to do so by law (e.g., where the provision of the Service is, or becomes, unlawful), Anykraft has the right to, immediately and without notice, suspend or terminate any Service provided to you.  Anykraft reserves the right to terminate this Agreement or your access to the Service at any time without cause upon notice to you.  You agree that all terminations for cause are made in Anykraft’s sole discretion and that Anykraft shall not be liable to you or any third party for any termination of your Account.

15.3        Termination by You.  If you want to terminate this Agreement, you may do so by (i) notifying Anykraft at any time and (ii) closing your Account for the Service.  Your notice should be sent, in writing, to Anykraft’s address set forth below. 

15.4        Effect of Termination.  Upon termination of the Service or the applicable feature or functionality thereof, your right to use the Service or the applicable feature or functionality thereof will automatically terminate, and we may delete your User Content associated therewith from our live databases.  If we terminate your Account for cause, we may also bar your further use or access to the Service.  Anykraft will not have any liability whatsoever to you for any suspension or termination, including for deletion of your User Content.  All provisions of this Agreement which by their nature should survive, will survive termination of Service, including without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

15.5        No Subsequent Registration.  If this Agreement is terminated for cause by Anykraft or if your Account or ability to access the Service is discontinued by Anykraft due to your violation of any portion of this Agreement or for conduct otherwise deemed inappropriate, then you agree that you shall not attempt to re-register with or access the Service through use of a different member name or otherwise.

16.           INTERNATIONAL USERS.  The Service may be accessed from countries around the world and may contain references to services and Content that are not available in your country.  These references do not imply that Anykraft intends to announce such service or Content in your country.  Anykraft makes no representations that the Service is appropriate or available for use in your jurisdiction.  Those who access or use the Service do so at their own volition and are responsible for compliance with local law.

17.           DISPUTE RESOLUTION.  Please read this section (the “Arbitration Agreement”) carefully.  It is part of your contract with Anykraft and affects your rights. 

17.1        Arbitration Agreement for Non-US Users.  Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause.  The seat of the arbitration shall be Singapore.  The Tribunal shall consist of three (3) arbitrator(s).  The language of the arbitration shall be English.  This Arbitration Agreement will survive the termination of your relationship with Anykraft.  Notwithstanding any provision in this Agreement to the contrary, we agree that if Anykraft makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing to Anykraft at the address set forth below.

17.2        Arbitration Agreement for US Users.  The Arbitration Agreement for US Users set forth in this Section 17.2 contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

(a)            Applicability of Arbitration Agreement.  Subject to the terms of this Arbitration Agreement, you and Anykraft agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Service, any communications you receive, any products sold or distributed through the Service or this Agreement and prior versions of this Agreement, including claims and disputes that arose between you and us before the effective date of this Agreement (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (i) you and Anykraft may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (ii) you or Anykraft may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).  For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of this Agreement as well as claims that may arise after the termination of this Agreement.

(b)            Informal Dispute Resolution.  There might be instances when a Dispute arises between you and Anykraft.  If that occurs, Anykraft is committed to working with you to reach a reasonable resolution.  You and Anykraft agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome (“Informal Dispute Resolution”).  You and Anykraft therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”).  If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.

The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties.  Notice to Anykraft that you intend to initiate an Informal Dispute Resolution Conference should be sent by email or regular mail to our offices located at the address below.  The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your Account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.

The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree.  In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute.  Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration.  The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.

(c)            Waiver of Jury Trial.  YOU AND ANYKRAFT HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.  You and Anykraft are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 16.2(a).  There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

(d)            Waiver of Class and Other Non-Individualized Relief.  YOU AND ANYKRAFT AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 16.2(i), EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS.  ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.  Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim.  Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 16.2(i).  Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Anykraft agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the State and Federal courts of California.  All other Disputes shall be arbitrated or litigated in small claims court.  This section does not prevent you or Anykraft from participating in a class-wide settlement of claims.

(e)            Rules and Forum.  This Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings.  If the Informal Dispute Resolution process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and Anykraft agree that either party shall have the right to finally resolve the Dispute through binding arbitration.  The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section of this Arbitration Agreement.  The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”).  The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the Account username (if applicable) as well as the email address associated with any applicable Account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address.  Such counsel must also sign the Request.  By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

Unless you and Anykraft otherwise agree, or the Batch Arbitration process discussed in Section 16.2(i) is triggered, the arbitration will be conducted in the county where you reside.  Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration.  If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum.  Your responsibility to pay any AAA fees and costs will be solely set forth in the applicable AAA Rules.

You and Anykraft agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and shall be subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

(f)             Arbitrator.  The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators.  If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under Section 16.2(i) is triggered, the AAA will appoint the arbitrator for each batch.

(g)            Authority of Arbitrator.  The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to Section 16.2(d), including any claim that all or part of Section 16.2(d) is unenforceable, illegal, void or voidable, or that such Section 16.2(d) has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in Section 16.2(i), all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator.  The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in Section 16.2(i).  The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute.  The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The award of the arbitrator is final and binding upon you and us.  Judgment on the arbitration award may be entered in any court having jurisdiction.

(h)            Attorneys’ Fees and Costs.  The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).  If you or Anykraft need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration.  The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.

(i)             Batch Arbitration.  To increase the efficiency of administration and resolution of arbitrations, you and Anykraft agree that in the event that there are one-hundred (100) or more individual Requests of a substantially similar nature filed against Anykraft by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).

All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief.  To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”).  In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly.  The Administrative Arbitrator’s fees shall be paid by Anykraft.

You and Anykraft agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

(j)             30-Day Right to Opt Out.  You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the address below, within thirty (30) days after first becoming subject to this Arbitration Agreement.  Your notice must include your name and address, the email address associated with your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement.  If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you.  Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

(k)            Invalidity, Expiration.  Except as provided in Section 16.2(d), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.  You further agree that any Dispute that you have with Anykraft as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred.  Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

(l)             Modification.  Notwithstanding any provision in this Agreement to the contrary, we agree that if Anykraft makes any future material change to this Arbitration Agreement, we will notify you.  Unless you reject the change within thirty (30) days of such change become effective by writing to Anykraft at the address below, your continued use of the Service, including the acceptance of products and services offered on the Service following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes.  Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of this Agreement and did not validly opt out of arbitration.  If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Service, any communications you receive, any products sold or distributed through the Service or this Agreement, the provisions of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement) remain in full force and effect.  Anykraft will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Agreement.

18.           Rewards Program.  Subject to your ongoing compliance with this Agreement and any Rewards Program Terms (defined below) made available by Anykraft from time to time, Anykraft may enable you to participate in a limited rewards program (the “Rewards Program”) and earn rewards, including Points and other digital assets (collectively, “Rewards”, as further described below).  Your participation in the Rewards Program constitutes your acceptance of the then-current terms and conditions applicable to the Rewards Program at the time of such participation (the “Rewards Program Terms”), as may be modified or updated by Anykraft in its sole discretion.

18.1        Eligibility.  To participate in the Rewards Program you must have an Account and accept the Rewards Program Terms.

18.2        Rewards.  Rewards may include digital assets developed and created by Anykraft, including without limitation Points, skins and other digital assets designed for use in the Game (“Skins”), and/or other digital assets as determined in Anykraft’s discretion.  Rewards will be allocated in accordance with the then-current Rewards Program Terms and any applicable Supplemental Terms, and Anykraft may substitute any Rewards for any other Rewards at any time.  Anykraft does not guarantee that you will receive or be eligible to receive any minimum amount of Rewards by participating in the Rewards Program.  Accumulating Rewards does not entitle you to any vested rights, and Anykraft does not guarantee in any way the continued availability of Rewards.

18.3        Creator Rewards.  If we choose to use any of your Modules in the Game, you may be eligible to receive certain USDC or other cryptocurrency-denominated Rewards (“Creator Rewards”) in accordance with our then-current metrics and procedures for determining such Creator Rewards (“Creator Rewards Program Rules”).  The Creator Rewards Program Rules are part of and subject to the Rewards Program Terms, and for the avoidance of doubt all limitations and disclaimers applicable to the Rewards Program apply, mutatis mutandis, to the Creator Rewards.

18.4        Accessing Rewards.  In order to be eligible to access, redeem, and/or receive certain Rewards, you must have a compatible Wallet connected to your Account and you must complete any eligibility verification then-currently required by Anykraft in connection with access to the portion of the Website that enables users to access rewards (the “Rewards Portal”).  You may be able to exchange or redeem Points and other Rewards through the Rewards Portal, in accordance with the then-current terms of the Rewards Portal.  Anykraft makes the Rewards Portal available in its sole discretion and reserves the right to limit access to the Rewards Portal for any or for no reason, including without limitation if Anykraft determines in its discretion that the Rewards Portal or any Rewards made available in connection therewith or your use thereof does not comply with applicable law in any jurisdiction.  You acknowledge and agree that Anykraft shall have no liability to you arising from or relating to your use of the Rewards Portal.

18.5        Taxes.  In the event that any applicable authority determines that your receipt of Rewards is a taxable event, you agree that you, and not Anykraft, are solely liable for payment of such taxes, and you agree to indemnify Anykraft in connection with same.

18.6        Processing Fees. Any gas fees or other processing fees incurred in connection with your participation in the Rewards Program or receipt of Rewards shall be payable by you and you alone, and Anykraft shall have no obligation to pay, and no liability to you in connection with, such processing fees.

18.7        Disclaimers.  Rewards are provided solely as an optional enhancement to users to incentivize participation in our community.  Rewards do not constitute compensation or any other form of consideration for service s.  You agree that Rewards may be cancelled or revoked by Anykraft at any time, including if you breach this Agreement; misuse or abuse the Rewards Program; or commit or participate in any fraudulent activity related to the Rewards Program.  Anykraft reserves the right to modify or terminate the Rewards Program at any time, for any or for no reason, with or without notice to.  you.  In the event of any termination, all Rewards will expire immediately as of the effective date of termination.

19.           REFERRAL PROGRAM.  The Referral Program may from time to time offer Referrers the opportunity to receive certain Incentives for referring other Friends to register an Account on the Service, if a Friend uses the Referrer’s Referral Link. This Section 19, in addition to the foregoing terms in this Agreement and any Additional Referral Terms, shall govern the Referral Program.  The Referral Program is void where prohibited and you are solely responsible for ensuring that your participation in the Referral Program complies with all applicable laws, rules, and regulations.

19.1        Definitions.

(a)      “Additional Referral Terms” means any additional tools published in a referral invitation or otherwise associated with any particular Referral Program offer or promotional code.

(b)     “Friend” means an individual personally known by a Referrer.

(c)      “Incentive” means any benefit that a Referrer may receive as a result of participating in the Referral Program.

(d)     “Referral Link” means a personal link or code used by a Referrer to refer Friends to the Services through the Referral Program.

(e)      “Referral Program” means the referral rewards program offered by Anykraft subject to the terms of this Agreement and any Additional Referral Terms.

(f)       “Referrer” means a user that participates in the Referral Program.

19.2        Incentives.  Unless otherwise stated in Additional Referral Terms, subject to Referrer’s ongoing compliance with the Agreement, each Referrer shall be entitled to receive the reward indicated in the Additional Referral Terms when any Friend uses such Referrer’s Referral Link to sign up for an Account on the Services.

(a)            Unless otherwise stated in Additional Referral Terms, Incentives shall be paid to Referrer’s Wallet within thirty (30) days of the date on which the applicable Fees are paid.

(b)            Each Referrer is solely responsible for any taxes payable on Incentives received by such Referrer, and Referrer agrees to indemnify Anykraft against any claims arising from or related to any tax liabilities (whether or not paid).

19.3        Sharing Referral Links.

(a)            Referrals are personal and should only be sent to individuals that you personally know and must be used only for personal and non-commercial purposes.  The sharing of Referral Links outside of your warm network of personal connections is strictly prohibited.  Referral Links may not be published or distributed, including on commercial websites (such as coupon websites, Twitter, or Reddit) or on blogs.  You are prohibited from “spamming” anyone with referral invitations.  This includes mass emailing, texting or messaging people you do not know or using automated systems or bots through any channel to distribute your Referral Link. You are prohibited from paying to advertise any Referral Link or paying or providing anything of value to any person to whom you direct a Referral Link or any other third party to obtain an Incentive.

(b)            When sharing a Referral Link, you must always tell the Friend that you will be receiving an Incentive (and the nature of such Incentive) if such individual registers an Account on the Services using your Referral Link and obtain the express consent of such Friend prior to sharing any Referral Link with such individual.  You shall at all times remain compliant with all applicable laws, rules and regulations.  You agree that all statements about Anykraft and its products and services made by you will: (a) be truthful and accurate based on publicly available information and (b) be accompanied by a clear, conspicuous statement that any statements made reflect only your opinion and not those of Anykraft.  You agree to indemnify and hold harmless Anykraft Parties from any and all damages, costs, claims, expenses and other liability (including reasonable attorneys’ fees) arising from or relating to the breach or alleged breach by you of this Section 19 (Referral Program).

(c)            By permitting you to participate in the Referral Program, we are not authorizing you to make any statements on behalf of Anykraft, our products and services, or the Referral Program, and all such statements are expressly disapproved by us.

19.4        Reservation of Rights.  Anykraft may modify, suspend or terminate the Referral Program or your ability to participate in it at any time for any reason.  For example, we reserve the right to review and investigate all referral activities, and to suspend access to the Services or revoke or void earned Incentives in our sole discretion if we notice any activity that we believe is abusive, fraudulent, in violation this Agreement or any Additional Referral Terms, or otherwise as we deem fair and appropriate.  We also reserve the right to deactivate Referral Links or change the Incentives associated with the use of any Referral Link or Referral Program offer at any time for any reason.  Without limiting the foregoing, Anykraft reserves the right, in its sole discretion, to retroactively revoke or void any Incentive that it deems, in its sole discretion, to be procured (i) in violation of this Agreement, including without limitation, (1) not in accordance with the eligibility requirements and (2) via distribution through unauthorized channels or in violation of any applicable law, rule or regulation; or (ii) in association with content that Anykraft deems offensive or inappropriate in its sole discretion.  Without limiting the foregoing, such content includes all forms of pornography, obscenity, indecent language and content that incites or endorses hate or violence, is demeaning, disparages or damages the goodwill, reputation, or brand image of Anykraft, or incites or endorses discrimination in any form.

19.5        Multiple Referrals.  A referred individual may only use one Referral Link. If a referred individual receives Referral Links from multiple individuals, only the individual associated with the Referral Link actually used by the referred individual to sign-up for an Account on the Services will receive Incentives for the referral.

20.           MOBILE APPS.  The following terms apply to your access and use of the App.

20.1        Definitions.

(a)            “App Store” means the app store from which you downloaded the App and may include the Apple App Store or Google Play Store.

(b)            “App Store Sourced App” means an App accessed through or downloaded from the Apple App Store.

20.2        App Stores.  You acknowledge and agree that the availability of the App and the Services is dependent on the App Store from whom you received the App license.  You acknowledge that the Agreement is between you and Anykraft and not with the App Store.  Anykraft, not the App Store, is solely responsible for the Services, including the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement).  In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access.  You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Services, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.

20.3        Accessing and Downloading the App from the Apple App Store.  The following applies to any App Store Sourced App accessed through or downloaded from the Apple App Store:

(a)            You acknowledge and agree that (i) the Agreement is concluded between you and Anykraft only, and not Apple, and (ii) Anykraft, not Apple, is solely responsible for the App Store Sourced App and content thereof.  Your use of the App Store Sourced App must comply with the App Store Terms of Service.

(b)            You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced App.

(c)            In the event of any failure of the App Store Sourced App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced App. As between Anykraft and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Anykraft.

(d)            You and Anykraft acknowledge that, as between Anykraft and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced App or your possession and use of the App Store Sourced App, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(e)            You and Anykraft acknowledge that, in the event of any third-party claim that the App Store Sourced App or your possession and use of that App Store Sourced App infringes that third party’s intellectual property rights, as between Anykraft and Apple, Anykraft, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.

(f)             You and Anykraft acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced App, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced App against you as a third-party beneficiary thereof.

(g)            Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced App.

21.           GENERAL PROVISIONS.

21.1        Electronic Communications.  The communications between you and Anykraft may take place via electronic means, whether you visit the Service or send Anykraft emails, or whether Anykraft posts notices on the Service or communicates with you via email.  For contractual purposes, you (i) consent to receive communications from Anykraft in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Anykraft electronically provides to you satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).

21.2        Assignment.  The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Anykraft’s prior written consent.  Anykraft may, without your consent, freely assign and transfer this Agreement, including any of its rights, obligations, or licenses granted under this Agreement.  Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

21.3        Force Majeure.  Anykraft shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes or shortages of transportation facilities, fuel, energy, labor or materials. 

21.4        Questions, Complaints, Claims.  If you have any questions, complaints or claims with respect to the Service, please contact us at the address set forth in Section 21.9. We will do our best to address your concerns.  If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

21.5        Agreement Updates.  When changes are made, Anykraft will make a new copy of this Terms of Use and/or Supplemental Terms, as applicable, available on the Service, and we will also update the “Last Updated” date at the top of this Agreement.  If we make any material changes and you have registered an Account with us, we will also send an email with an updated copy of this Agreement to you at the email address associated with your Account.  Unless otherwise stated in such update, any changes to this Agreement will be effective immediately for users without an Account and thirty (30) days after posting for users with an Account.  Anykraft may require you to provide consent to the updated Agreement in a specified manner before further use of the Service is permitted.  IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU SHALL STOP USING THE SERVICE.

21.6        Exclusive Venue.  To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Anykraft agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the State and Federal courts of California.

21.7        Governing Law and Jurisdiction.  ThIS AGREEMENT and any action related thereto will be governed and interpreted by and under the laws of CALIFORNIA, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.  The United Nations Convention on Contracts for the International Sale of Goods does not apply to the AGREEMENT.  Each party irrevocably agrees that the courts of CALIFORNIA shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

21.8        Choice of Language.  It is the express wish of the parties that this Agreement and all related documents have been drawn up in English.  This Agreement, and any contract between you and us, are only in the English language.  C’est la volonté expresse des parties que la presente convention ainsi que les documents qui s’y rattacent soient rediges en anglais.

21.9        Notice.  Where Anykraft requires that you provide an email address, you are responsible for providing Anykraft with a valid and current email address.  In the event that the email address you provide to Anykraft is not valid, or for any reason is not capable of delivering to you any notices required by this Agreement, Anykraft’s dispatch of the email containing such notice will nonetheless constitute effective notice.  You may give notice to Anykraft at the following address: 109 NORTH BRIDGE ROAD, #07-22, FUNAN, SINGAPORE 179097.  Such notice shall be deemed given when received by Anykraft by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

21.10      Waiver.  Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

21.11      Severability.  If any portion of this Agreement is held invalid or unenforceable, that portion must be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions must remain in full force and effect.

21.12      Export Control.  You may not use, export, import, or transfer the Service except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Service, and any other applicable laws.  In particular, but without limitation, the Service may not be exported or re-exported (i) into any United States embargoed countries, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Service, you represent and warrant that (A) 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 (B) you are not listed on any U.S. Government list of prohibited or restricted parties.  You also will not use the Service for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.  You acknowledge and agree that products, services or technology provided by Anykraft are subject to the export control laws and regulations of the United States.  You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Anykraft products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

21.13      Entire Agreement.  The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.