Terms of Service
Last Updated: 23 August 2022
Welcome to Not Doppler Games! Not Doppler is the publisher of some of your favorite Games including Crash of Cars & Earn to Die (collectively, together will all related documentation, the "Game" and together with our websites, https://www.crashofcars.com and https://www.crashofcars.com, the "Services"). The Services are copyrighted works and published by Not Doppler Pty Limited ("Company").
These Terms of Service ("Terms") set forth legally binding terms and conditions that govern your use of the Services (including, without limitation the Game). The Services are licensed, not sold, to you hereunder.
Certain features of the Services may be subject to additional guidelines, terms or rules which will be posted on the Service in connection with such features. All additional terms, guidelines and rules are incorporated by reference into these Terms.
BY CLICKING THE "AGREE" BUTTON/DOWNLOADING/INSTALLING/USINGTHE GAME OR THE SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU MEET THE ELIGIBLITY REQUIREMENTS IN SECTION 1 BELOW; AND (C) ACCEPT, AND AGREE THAT YOU ARE LEGALLY BOUND BY, THESE TERMS.
THESE TERMS require the use of arbitration (Section 14(b)) on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT DOWNLOAD, INSTALL OR USE THE GAME OR THE ANY OF THE SERVICES – IF YOU HAVE ALREADY DOWNLOADED ANY OF THE GAME BUT DO NOT AGREE TO THESE TERMS, PLEASE DELETE IT/THEM FROM YOUR DEVICE.
(a) License Eligibility. Only persons meeting the following requirements may use the Services:
(ii) Persons who meet the minimum age requirement listed for a particular Game of ours on the Marketplace they are downloading it from
(b) License Grant. Subject to your continued compliance with these Terms, Company grants you a limited, non-exclusive, and nontransferable license to download, install, and use the Services solely for your personal, non-commercial use and provided that the Game may be downloaded, installed, and used only on a single mobile or tablet device owned or otherwise controlled by you ("Device") strictly in accordance with the Game's documentation.
(c) License Restrictions. The rights granted to you in these Terms are subject to the following restrictions. You shall not: (i) copy the Services, except as expressly permitted by this license; (ii) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services; (iii) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof; (iv) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof; (v) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality of the Services, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time; or (vi) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services.
(d) Reservation of Rights. You acknowledge and agree that the Services are provided under license, and not sold, to you. You do not acquire any ownership interest in the Game or any of the Services under these Terms, or any other rights thereto other than to use the Game and the other Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
(e) Modification. Company reserves the right, at any time, to modify, suspend, or discontinue any or all of the Services (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
(f) No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Game or any of the Services.
(g) Updates. Notwithstanding Section 1(f) above, Company may from time to time in its sole discretion develop and provide Game updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings when your Device is connected to the internet either:
(i) the Game will automatically download and install all available Updates; or
(ii) you may receive notice of or be prompted to download and install available Updates.
You agree to promptly download and install all Updates and acknowledge and agree that the Game or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Game and be subject to all terms and conditions of these Terms.
(a) Outside Accounts. The Game may provide you with the ability to sign-in to the Game via a social media account such as Facebook or another account such as Apple or Google (each of the forgoing an "Outside Account"). By using an Outside Account to log into the Game you consent to the platform of such Outside Account sharing your account information with us. You also represent and warrant that: (i) you are the account holder of the account that you use to sign-in to the Game, (ii) all required registration information you submit is truthful and accurate; (iii) you will maintain the accuracy of such information.
(b) Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
3. Information and Content Submitted Through the Game and other Services
(i) You are eligible to use the Services under Section 1(a) above.
(ii) You agree that you are solely responsible for and you assume all risks associated with your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party;
(iv) To the extent that you submit information that personally identifies or is otherwise of or about a third party ("Third Party Information") through the Services, you represent that all such Third Party Information is of persons who are at least 18 years of age, and that you have validly obtained all consents and provided all notices required by applicable law for the submission, disclosure and use by us of the Third Party Information;
(v) All information or material that you submit through the Services is true, accurate and complete, and you will maintain and update such information and materials as needed such that it remains true, accurate and complete;
(vi) You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3 (c)).
You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
(b) License. You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Services. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
(c) Acceptable Use Policy. The following terms constitute our "Acceptable Use Policy":
(i) You agree not to use the Services to submit, collect, upload, transmit, display, or distribute any User Content (A) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (B) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (C) that is harmful to minors in any way; or (D) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(ii) In addition, you agree not to: (A) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (B) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (C) use the Services to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (D) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (E) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means; (F) harass or interfere with any other user’s use and enjoyment of the Services; or (G) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Services (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Services 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, subject to the parameters set forth in our robots.txt file).
(d) Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 9 , and/or reporting you to law enforcement authorities.
(e) Feedback. Notwithstanding anything to contrary herein, if you provide Company with any feedback or suggestions regarding the Services ("Feedback"), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
4. Device Requirements. The Game can only be used via certain Devices as described on the Company website and/or the third-party application marketplaces ("Marketplaces") where the application can be downloaded. Your Device must also meet the system requirements listed on the Company website and/or the Marketplaces.
5. Free Content. Users may have access to certain features of the Game for free ("Free Features"). Company may add, remove, modify or otherwise change the free features, if any, at any time with or without notice to you.
6. Virtual Goods and Virtual Money.
(a) The Game may include virtual items such as virtual items, coins or services for use with the Game (collectively "Virtual Items") which are available for purchase. Virtual Items may only be purchased by persons over the age of 18 years old. You agree that once purchased Virtual Items have no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You also agree that you will only obtain Virtual Items associated with the Game from us, and not from any third party. You agree that Virtual Items are not transferrable to anyone else and you will not transfer or attempt to transfer Virtual Items to anyone else.
(b) You do not own Virtual Items but instead you purchase a limited personal revocable license to use them - any balance of Virtual Items does not reflect any stored value.
(c) You agree that all sales by us to you of Virtual Items are final and that we will not refund any transaction once it has been made. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you purchase a license to use Virtual Items from us, you acknowledge and agree that we will begin the provision of the Virtual Items to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point. For the purposes of this Section 6(c), a "purchase" is complete at the time our servers validate your purchase and the applicable Virtual Items are successfully credited to your account on our servers.
(d) The Virtual Items that you purchase will be linked to your account with the Marketplace where you make the purchase. You understand and agree that you cannot transfer Virtual Items from one account to another. You understand and agree that we are not responsible for any problems or losses associated with your Marketplace account, including without limitation, problems transferring purchases from one device to another, restoring purchases from a lost or damaged device to a different device, or any other losses of Virtual Items. The risk of loss of Virtual Items is transferred to you upon completion of the purchase as described in Section 6(c), above.
(e) We reserve the right to control, regulate, change or remove any Virtual Items without any liability to you.
(f) We may revise the pricing for Virtual Items offered through the Game at any time. We may limit the total amount of Virtual Items that may be purchased at any one time, and/or limit the total amount of Virtual Items that may be held in your account in the aggregate. You are only allowed to purchase Virtual Items from us or our authorized partners through the Game, and not in any other way.
(g) Virtual Items purchased through the Game on a third party Marketplace will be subject to their respective terms of service and user agreement. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.
(h) Without limiting Section 6(d), if we suspend or terminate your account in accordance with these Terms you will lose any Virtual Items that you may have accumulated, and we will not compensate you for this loss or make any refund to you.
(i) When you purchase items via our mobile apps (such as those you can purchase in the App Store or on Google Play) we do not collect or store any payment information from you.
7. Third-Party Materials. The Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
9. Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Services. We may suspend or terminate your rights to use any Game (including your Account) at any time for any reason at our sole discretion, including for any use of the Game in violation of these Terms. Upon termination of your rights under these Terms, your Account, if any, and right to access and use the Game will terminate immediately. You understand that any termination of your Account and/or right to access and use the Game may involve deletion of all information and Virtual Items associated with your Account and/or gameplay from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your right to access and use the Game, termination of your Account or deletion of your information. Even after your rights under these Terms is terminated, the provisions herein which by their nature should survive the termination of these Terms, will survive it, including without limitation: Sections 1(c) and (d), Section 3, Section 10 through 14.
10. Release. You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Game and the other Services (including any interactions with, or act or omission of, other Services users or any Third Party Materials). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
11. Disclaimer of Warranties. THE SERVICES ARE PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE GAME AND THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE GAME OR THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
12. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE GAME AND/OR SERVICES FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
13. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Services or your breach of these Terms, including but not limited to the content you submit or make available through the Services.
(a) Changes. These Terms is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on the Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Our prominent posting of notice of such changes on our website will also be considered effective notice of such changes. Any changes to the Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on the Services. These changes will be effective immediately for new users of the Services. Continued use of the Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
(b) Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(i) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms or the use of any Game or Services provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
(ii) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Company should be sent to the Company attn.: Terms of Service Dispute at the address listed in Section 14(j) (or such other address as may be provided by the Company for this purpose. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
(iii) Arbitration. You agree that any dispute, claim or controversy arising hereunder or relating in any way to these Terms and not informally resolved between the parties, shall be settled by confidential binding arbitration in Sydney, Australia in accordance with the Australian Centre for International Commercial Arbitration ("ACICA") Expeditated Arbitration Rules, provided that the parties may agree to virtual proceedings where possible. The language of the arbitration shall be in English. The arbitrator shall issue a written decision specifying the basis for the award made. The party filing a claim or counterclaim in the arbitration proceeding shall pay the deposit(s) determined by ACICA with respect to such claim or counterclaim. All other costs associated with the arbitration and imposed by ACICA shall be paid as determined by the arbitrator(s) and, in absence of such determination, equally by each party to the arbitration. In addition, unless the arbitrator awards payment of reasonable attorney and other fees to a party, each party to the arbitration shall be responsible for its own attorneys' fees and other professional fees incurred in connection with the arbitration. Determinations of the arbitrator will be final and binding upon the parties to the arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The arbitrator shall apply the substantive law of New South Wales, Australia, without giving effect to its conflict of laws rules.
(iv) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND NOT DOPPLER PTY LIMITED WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(v) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
(vi) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce these Terms, to enforce an arbitration award, or to seek injunctive or equitable relief.
(vii) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
(viii) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
(ix) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
(x) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
(xi) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the exclusive personal jurisdiction of the courts located in Sydney Australia, for such purpose.
(c) Governing Law. These Terms is governed by and construed in accordance with the internal laws of New South Wales, Australia without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms or the Game which is not submitted to arbitration in accordance with Section 14 (b) above, shall be instituted exclusively in the courts of the State of New South Wales, Australia in each case located in Sydney, Australia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
(d) Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
(e) Disclosures. Company is located at the address in Section 14(j) If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
(f) Electronic Communications. The communications between you and Company use electronic means, whether you use the Game or send us emails, or whether Company posts notices in-Game or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
(g) Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other terms, the terms of these Terms shall govern.
(i) Copyright/Trademark Information. Copyright © 2022 Not Doppler Pty Limited & Not Doppler Pty Limited. All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Game are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
(j) Contact Information.
Not Doppler Pty Limited
Suite 1106, Level 11, 250 Pitt Street
Sydney, NSW 2000