Last Updated: March 1, 2024

These Terms of Service (“Terms”) are a legal agreement between you and Yuga Labs, Inc. (“Yuga Labs”) regarding the Game (as defined below), and any other services we provide relating to the Game, including but not limited to your access and/or use of the Services. “Game” means the “Dookey Dash Unclogged” skill-based endless runner game, and any websites, software, documentation, updates, Virtual Goods, Content, rewards, or other services we provide with or in support of the Game, whether or not they are installed or used on a computer or mobile device. To make these Terms easier to read, the Game and other services we provide relating to the Game are collectively called the “Services.”

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND US THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 22 (DISPUTE RESOLUTION) BELOW FOR DETAILS REGARDING ARBITRATION. IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTION 22 WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 21 (GOVERNING LAW AND FORUM CHOICE) OR RELEVANT PROVISIONS OF APPLICABLE LAW WILL STILL APPLY.

1. Agreement to Terms. 

By accessing and/or using our Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, you may not access or use our Services. Except to the extent required by applicable law, anything you purchase from us and any fees you pay related to the Services are non-refundable, regardless of whether or not these Terms have been terminated.

Your use of the Services may also be governed by applicable agreements you have with any App Store (the “App Store Agreement(s)”). In the event of a conflict between any App Store Agreement(s) from which you acquire the Game and this Agreement with respect to your use of our Services, this Agreement will take priority. As used herein, “App Store” means any platform on which we make the Game available to you as an application and in which you are able to download the Game, including the Apple App Store and Google Play.

2. Privacy Policy. 

Please review our Privacy Policy, which also governs your access and use of the Services, for information on how we (or our third-party representatives or affiliates) collect, use and share your information. Please also review the privacy policy of Faraway Inc., our game developer partner who is providing the Services (“Faraway”), which also governs your access and use of the Services. 

3. Eligibility and Access.

   (A) Eligibility. You may not create or use a Game Account or use or access any of the Services on behalf of a legal entity or for a commercial purpose.

   (B) Age.

   (I) To access and use the Services and subject to any other limitations contained herein, you must be at least the minimum age of consent for data collection in your jurisdiction (e.g. 13 years or older in the United States, 16 years or older in some European Union countries). You may need to create an account with us or with our game developer partners (a “Game Account”) to access certain features of the Services. If you are above the minimum age for participation but under 18 years of age (or such other minimum age to be considered an adult, as is applicable in the jurisdiction that you live in) (a “Minor”), you must ask a parent or legal guardian to read this Agreement and accept it on your behalf. Such parents and guardians are responsible for the acts of their Minors when using the Services, whether or not the parent or guardian has authorized such uses. 

   (II) If you are a parent or guardian of a Minor, you are agreeing to these Terms on your behalf and on behalf of your Minor(s) whom you have authorized to use the Services pursuant to these Terms and any applicable App Store Agreement(s).

   (III) YOU MUST BE AND HEREBY AFFIRM THAT YOU ARE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OR STATE OF RESIDENCE. If you are under the legal age of majority and over the age of 13, your parent or legal guardian must consent to these Terms as set out in Section 3(b)(ii).

   (IV) To be eligible to receive Earned NFTs, you must be 13 years of age or older.

   (C) Game Accounts. Your Game Account, if applicable, may be separate from any account that you may have with any third-party App Store (your “App Store Account”). You may be able to link your Game Account with your App Store Account via the Services to unlock additional functionality. To the extent that you create or connect your Game Account via the use of a third-party account (for example, your account with a social network, platform, or a game developer partner), we may access certain personal information that such third-party provides to us, such as your email address and name to create your Game Account. Further information about use of third-party accounts is provided in our Privacy Policy.

   (D) Keep Your Information Current. It is important that you provide us with accurate, complete, and up-to-date information for your Game Account, and you agree to update such information to keep it that way. If you don’t we may delist or terminate your Game Account and discontinue your access to the Services. If your Game Account is associated with a password, you agree that you will not disclose your Game Account password to anyone and that you will immediately notify us of any unauthorized use of your Game Account. You are responsible for all activities that occur under your Game Account, whether or not you know about them. If you believe that your Game Account is no longer secure, then you must immediately notify us at our email address provided below.

   (E) No Account Sharing. You may not create a Game Account for anyone else or create a Game Account in a name other than your own.

   (F) No False Accounts. Except as expressly permitted via the Service, you may not sell, resell, rent, lease, share, or provide access to your Game Account to anyone else. We reserve all available legal rights and remedies to prevent the unauthorized use of the Services, including but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

   (G) Employees. Employees, directors, contractors, affiliates, and partners of Yuga Labs and Faraway may use the Services for the purpose of testing the user experience, playing the Game, and using the Services, but may not withdraw money or be eligible to receive Rewards (defined below).

   (H) Other Restrictions. In order to protect the integrity of the Services, we reserve the right, at any time, in our sole discretion, to block access to the Services from certain IP addresses and unique device identifiers.

NOTICE ON PROHIBITED USE – RESTRICTED PERSONS: THE GAME AND SERVICES ARE NOT OFFERED TO AND MAY NOT BE USED BY PERSONS OR ENTITIES WHO: (A) RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN ANY RESTRICTED TERRITORY, AS DEFINED BELOW; OR (B) ARE LISTED ON THE OFAC SPECIALLY DESIGNATED NATIONALS, BLOCKED PERSONS LIST, OR ANY OTHER CONSOLIDATED PROHIBITED PERSONS LIST AS DETERMINED BY ANY APPLICABLE GOVERNMENTAL AUTHORITY (EACH SUCH PERSON OR ENTITY, A “RESTRICTED PERSON”).

“RESTRICTED TERRITORY” MEANS ANY STATE, COUNTRY, OR OTHER JURISDICTION THAT IS DESIGNATED BY THE U.S. SECRETARY OF STATE AS A COUNTRY SUPPORTING INTERNATIONAL TERRORISM, OR TO WHICH U.S. NATIONALS CANNOT LAWFULLY ENGAGE IN TRANSACTIONS AS DESIGNATED BY THE OFFICE OF FOREIGN ASSETS CONTROL (“OFAC”), INCLUDING CUBA, IRAN, DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA, SYRIA, AND THE CRIMEA, DONETSK, AND LUHANSK REGIONS OF UKRAINE.

WE DO NOT MAKE EXCEPTIONS. THEREFORE, IF YOU ARE A RESTRICTED PERSON, YOU ARE NOT PERMITTED, AND DO NOT ATTEMPT, TO USE THE INTERFACE OR ANY RELATED SERVICES. USE OF A SCHEME OR MEAN (E.G., A VIRTUAL PRIVATE NETWORK), WHETHER DIRECT OR INDIRECT, THAT IS INTENDED OR REASONABLY LIKELY TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS PROHIBITED.

4. License.

   (A) License Grant. So long as you comply with these Terms and, as applicable, the App Store Agreement(s), we grant you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to (i) download and install the Game on the device permitted by the App Store Agreement(s), as applicable, and (ii) access and use the Services, including any Content, for your personal entertainment purposes, leveraging only the functionality of the Services. We and our licensors reserve all rights not granted to you in these Terms. “Content” means all artwork, titles, themes, objects, characters, names, dialogue, catch phrases, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions, Virtual Goods (as defined below), and any other content within the Services. Content also includes anything generated, created, or that is otherwise developed within the Services by any user (including you) as a result of interaction with the functionality of the Services, including but not limited to custom levels, mods, etc.

   (B) User Content. “User Content” means any Content that you post or otherwise make available while accessing or using the Services (e.g., any text in communications with others, or audio, or any image you use as your profile image or emote, including the art associated with any NFT contained in any wallet(s) that you connect to the Game). By making any User Content available while accessing or using the Services, you hereby grant to us a non-exclusive, transferable, worldwide, royalty-free, irrevocable, perpetual license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, promote, market, exploit, or otherwise commercialize your User Content in connection with operating, marketing, and providing the Services to you and to other users of the Services and otherwise as necessary to comply with applicable laws. Except to the extent prohibited by applicable law, you waive the benefit of any “moral rights” or “droit moral” or similar rights in any country to any User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. We may, in our sole discretion, remove, edit, or disable any User Content from the Services at any time and for any reason, including if we determine that the User Content violates these Terms or the terms of any App Store Agreement(s). We do not assume any responsibility or liability for User Content, for removing it, or not removing it or other Content. We do not pre-screen or review any User Content, and do not approve or endorse any User Content that may be available on the Services or our other services.

   (C) Service Limits Based on Where You Live. We may restrict, modify, or limit your access to any or all of the Services, depending on the territory in which you are located. Without limiting the foregoing, the Services may not be available (in whole or in part) where you are located.

   (D) Access and Minimum Requirements. The specific rules, scoring rules, controls, and other guidelines for the Game can be found within the Game itself. Such rules, scoring rules, controls, and guidelines form part of these Terms and you agree that you will comply with them in respect of each Game that you choose to access and/or play. Each Game may have minimum requirements for the devices and systems on which you wish to access the Game. We may publish these minimum requirements on the Site and/or otherwise notify you in writing. For an optimal Game experience, please ensure that your devices and systems will meet these requirements before accessing the Game. 

   (E) Beta Testing.

   From time to time, we may offer a beta version of one or more of our Services (a “Beta”). A Beta is not guaranteed to work properly and may make other parts of your system not work properly as well. For the license granted to you in this Section 4 to extend to your use of the Beta, you acknowledge and agree to the following terms in additional to the rest of these Terms:

   (I) We may automatically delete or modify the information stored on your device related to the Beta for any reason at any time during the duration of the Beta.

   (II) We may terminate the Beta test at any time, which would then render your Beta unplayable or unable to function properly. When we terminate a Beta, you must delete the local Beta instance on your computer and all documents and materials you received from us in connection with the Beta. Termination of a Beta by us is not a ground for any kind of refund.

   (III) Your participation in the Beta is voluntary, done for your personal enjoyment, and does not constitute employment or an offer of employment between you and Yuga Labs. Yuga Labs does not ask or require you to work a certain number of hours or shifts to participate in the Beta, expects you only to use your leisure time to participate in the Beta, and does not expect you to forego other activities, including gainful employment. Your participation in the Beta and any feedback, suggestions and comments you give Yuga Labs (such as bug reports and test results) are subject to Section 10 below, and do not entitle you to receive compensation of any kind.

   (IV) If and when we release a full (non-Beta) version of the Services, we may (but are not obligated to) allow your use of the Services to continue to the full version. If so allowed by us, your continued use of the Services will no longer be subject to this Section 4(E) (except for this Section 4(E)(IV)) but will still be subject to the rest of these Terms.

   (V) To the extent we offer any Rewards (as defined below) in connection with your participation in a Beta, you agree that such Rewards are offered in our sole and absolute discretion.

   
   

5. License Restrictions and Prohibited Conduct.

You agree not do any of the following with respect to the Services:

(A) use them commercially, for a promotional purpose, or for the benefit of any third-party or in any manner not permitted by these Terms or any applicable App Store Agreement(s); 

(B) use, or provide, any unauthorized third-party programs that intercept, emulate, or redirect any communication between the Services and Yuga Labs or that collect information about the Services;

(C) use, or provide ancillary offerings to anyone, that are not offered within the Services by us (or the functionality of the App Store), such as hosting, “leveling” or “farming” services, mirroring our servers (or those operated on our behalf), matchmaking, emulation, communication redirects, mods, hacks, cheats, bots (or any other automated control), trainers and automation programs that interact with the Services in any way, tunneling, third-party program add-ons, and any interference with online or network play, or any other action, whether direct or indirect, whether carried out automatically or manually, that is substantially similar to the intent, effect or purpose of any of the foregoing; 

(D) access or use them on more than one device simultaneously in violation of these Terms; 

(E) copy, reproduce, distribute, display, mirror, frame or use them (or any of our other materials, intellectual property, or proprietary information) in a way that is not authorized by these Terms; 

(F) sell, rent, lease, license, distribute, or otherwise transfer, in whole or in part, the Services, including, without limitation, Virtual Goods, including participating in or operating so-called “secondary markets” for Virtual Goods or Content;

(G) attempt to reverse engineer (except as otherwise permitted by applicable local law), derive source code from, modify, adapt, translate, datamine, decompile, or disassemble or make derivative works based upon, in whole or in part, the Services; 

(H) remove, disable, circumvent, or modify any technological measure implemented to protect them or any of their associated intellectual property; 

(I) attempt to probe, scan or test its vulnerability or breach any security or authentication measures; 

(J) create, develop, distribute, or use any unauthorized software programs to gain advantage in any online or other game modes or otherwise Cheat (as defined below);

(K) access, tamper with, or use non-public areas of the Services;

(L) behave in a manner which is detrimental to the enjoyment of the Services by other users as intended by us, in our sole judgment, including, without limitation, harassment, use of abusive or offensive language, game abandonment, game sabotage, spamming, social engineering, or scamming, or actions contrary to public morals or public policy;

(M) engage in any behavior, or upload, publish, submit or transmit any User Content, that actually or allegedly: (i) infringes, misappropriates or violates a third-party’s patent, copyright, trademark, trade secret, contractual rights, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive, including “trolling;” (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent, bullying, or threatening or promotes violence, money laundering or gambling, terrorism, or actions that are threatening or disrespectful to any person or entity; or (vii) promotes illegal or harmful activities or substances;

(N) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services or any of its users; 

(O) collect or store any information that could be used to identify an individual, either itself or combined with other information, from the Services from other users of the Services without their express permission;

(P) trespass, or attempt to gain access to a property or location where you do not have permission to be or engage in any activity that may result in injury, death, property damage (including any damage to data or technology systems), nuisance or other liability; 

(Q) impersonate or misrepresent your affiliation with any person or entity, or deceive or mislead the addressee about the origin of such messages or communicate any information which is grossly offensive or menacing in nature;

(R) create or play from multiple accounts;

(S) play on another person’s Game Account to “boost” that Game Account’s status, level, or rank;

(T) use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on the Services or for any other purpose;

(U) use the Services in any way that would affect us adversely or reflect negatively on us or the Services or Yuga Labs; or

(V) directly or indirectly encourage, promote, take part in or enable anyone else to do any of the foregoing.

If you encounter another user who is violating any of these rules, please report this activity to us through the Services, if available, or contact us at support@faraway.gg.

In all cases, the determination of whether you have violated any provision of this Section 5 shall be made by us in our sole discretion, which shall be final, binding and non-appealable.

6. Ownership of the Services; Anti-Cheat.

We and our affiliates and licensors own all title, ownership and intellectual property rights in the Services. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. You understand and agree that you have no ownership interest in the Services or the Game or Content therein.

In addition, the Services may have built-in mechanisms designed to prevent granting one user an unfair advantage over other users (these actions are “Cheating,” and the software is the “Cheat Detection Software”). We may add or update our Cheat Detection Software periodically as we may require in our sole discretion. The Services and/or Cheat Detection Software may collect and transmit details about your Game Account, gameplay, and unauthorized programs or processes in connection with Cheating, subject to our Privacy Policy and applicable law. In the event that we, in our sole and absolute discretion, conclude that you are Cheating or enabling or encouraging others to Cheat, you agree that we may exercise any or all of our rights under these Terms (or any applicable App Agreement(s)), including termination of your access to our Services or Virtual Goods. In addition, if you Cheat or encourage others to Cheat in one Game or Service, we may terminate your license to use our Games and Services.

Subject to applicable privacy laws, although we are not obligated to monitor access to or use of the Services or to review or edit any Content, we have the right to do so for the purpose of operating and publishing the Services, to ensure compliance with these Terms, to protect the health or safety of anyone that we believe may be threatened, to protect our legal rights and remedies, to report a crime or offensive behavior, or to comply with applicable law and for any other reason set forth or contemplated in the Privacy Policy. We may (but don’t have to) remove or disable access to any Content, at any time and without notice. We may (but don’t have to) investigate violations of these Terms or conduct that affects the Services.

7. Virtual Goods 

(A) Purchasing or Obtaining Virtual Goods. We may offer certain upgrades and options within the Game that may improve your Game experience in some way (“Virtual Goods”) that you can (I) buy with ApeCoin or other cryptocurrency and/or (II) receive from your interactions within or related to the Game, subject to your compliance with these Terms and any applicable App Agreement(s). ApeCoin and other cryptocurrencies are not available for purchase within the Game. In order to purchase ApeCoin, you must do so using a third-party service. You agree and acknowledge that Yuga Labs does not control or sell ApeCoin and that Yuga Labs disclaims any and all liability associated with your purchase or acquisition of ApeCoin. 

(B) Virtual Goods include:

(I) “Off-Chain Items”: these include certain non-tradable items as well as in-game currency (“Game Currency”). Unless expressly permitted by us in a specific Game, you may not trade Off-Chain Items with other players or any other third parties, within or without the Game. Off-Chain Items have no real-world value.

(II) “In-Game Entitlements”: these may include unique character skins, vehicle skins, items, gear, or other customizations of your in-Game characters, or other digital add-ons that may be based on a specific NFT used in connection with the Services, as applicable. Owners of certain NFTs, including the Bored Ape Yacht Club, Mutant Ape Yacht Club, and Bored Ape Kennel Club NFTs, may have access to In-Game Entitlements. We make no guarantees that any NFT collection or specific NFT within any collection will receive In-Game Entitlements, and such In-Game Entitlements are subject to change in our sole and absolute discretion.

For clarity, NFTs, including Earned NFTs (defined below) are not included within the definition of “Virtual Goods.”

(C) Purchases of Off-Chain Items. 

(I) When you purchase Off-Chain Items (each, a “Transaction”), your purchase will be made through the functionality available through the App Store or other platforms we make available to you. Prior to making a Transaction , you should make sure you fully understand the agreement that covers your Transaction, whether that agreement is an App Store Agreement or another payment platform agreement (for instance, your console’s payment platform or a third-party payment processors terms). There may be limits to the quantity and number of times you can purchase Off-Chain items, or other aspects of your Transaction. For example, there may be a maximum amount of Game Currency you are able to hold (in-Game) or purchase at a given time, or a maximum number of Transactions you may make per day; these additional restrictions may be communicated to you via the functionality of the Services. We may, from time to time, modify, amend, or supplement our fees, billing methods and terms applicable to Virtual Goods or to any purchases, and post those changes in this Agreement, in separate terms and conditions or in other terms or agreements posted on the applicable website or as part of the Game or otherwise provided to you by us. Except where prohibited by the local law in your jurisdiction, such modifications, amendments, supplements, or terms shall be effective immediately upon posting and shall be incorporated by reference into this Agreement. If any change is unacceptable to you, you may terminate the use of the Services at any time.

(II) Except as otherwise communicated to you in writing by us or within the functionality of the Game, Virtual Goods are not transferable from the Game to any other game. When you purchase Virtual Goods (each, a “Transaction”), your purchase will be made through the functionality available through the Game. There may be limits to the quantity and number of times you can purchase Virtual Goods, the types of Virtual Goods you can purchase, or other aspects of your Transaction. We may, from time to time, modify, or amend the fees and terms applicable to Virtual Goods and post those changes in these Terms, in separate terms and conditions or in other terms or agreements posted on the Site or as part of the Game or otherwise provided to you by us. If any change is unacceptable to you, you may terminate your gameplay at any time.

(D) Your License to Virtual Goods. Virtual Goods are digital items and your use of them is governed by these Terms. VIRTUAL GOODS HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. VIRTUAL GOODS ARE NON-TRANSFERABLE AND NON-TRADABLE, IN WHOLE OR PART, AND ARE NOT PROVIDED FOR INVESTMENT PURPOSES. Provided you comply with the terms of these Terms, we grant you the following licenses, as applicable: 

(I) For Off-Chain Items: we grant you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to use any Off-Chain Item you acquire pursuant to these Terms, whether purchased or otherwise obtained, solely in connection with your use of the Game and within the Game and for no other purpose. 

(II) For In-Game Entitlements: we grant you, for so long as you own the associated NFT (as recorded on the relevant blockchain), a non-exclusive, royalty-free license, with no right to sublicense, to use, copy, and display and use the In-Game Entitlement within our Services for your own personal, non-commercial use (e.g. home display or as a social media avatar).

Unless expressly permitted by us, you may not trade or transfer any such Virtual Good with others. We may cancel, revoke, or otherwise prevent the use of Virtual Good if we suspect any unauthorized or fraudulent activity, and/or to correct any erroneous application of any Virtual Goods to your Account.

(E) Changes to Virtual Goods. Except as otherwise prohibited by applicable law, we, in our sole discretion, may modify, substitute, replace, suspend, cancel or eliminate any Virtual Goods, including your ability to access or use Virtual Goods (including using any Virtual Goods in the Game), without notice or liability to you. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WON’T ASSERT OR BRING ANY CLAIM AGAINST THE YUGA LABS PARTIES (AS DEFINED BELOW) RELATING TO (A) A CLAIM THAT YOU HAVE A PROPRIETARY INTEREST IN ANY VIRTUAL GOODS OR (B) A CLAIM FOR AN ALLEGED MONETARY VALUE OF VIRTUAL GOODS LOST UPON (I) DELETION OR SUSPENSION OF YOUR ACCOUNT OR ACCESS TO THE GAME, (II) ADJUSTMENTS TO THE GAME THAT RESULT IN THE VALUE OF VIRTUAL GOODS CHANGING, OR (III) MODIFICATION, TERMINATION OR EXPIRATION OF THESE TERMS. 

(F) Refunds. Subject to applicable law and unless otherwise disclosed in writing by us, (i) all Virtual Goods remain our property, have no monetary value and are not redeemable, refundable, or eligible for any other alternate remedy for any “real world” money or anything of monetary value, unless they are defective, unavailable, or do not perform in accordance with the specifications we provide; (ii) we may revoke your license to the Game and/or Virtual Goods at any time consistent with these Terms without notice or liability to you; and (iii) by purchasing or using Virtual Goods, you hereby waive any statutory right you may have to withdraw from your agreement to purchase the applicable Virtual Goods and you agree that you will therefore not be eligible to receive a refund (or any alternative remedy) in relation to such Virtual Good. Where applicable law does not permit you to waive your right to so withdraw, you hereby agree that such withdrawal right expires immediately upon purchase and delivery of your Virtual Good, as permitted by applicable law.

8. Earned NFTs.

(A) Earned NFTs. Through your interaction with the Services and at such time or times designated and determined by Yuga Labs in our sole discretion, based on your interactions within the Game, you may be offered the opportunity and option to mint, claim, or otherwise receive one or more non-fungible tokens minted by a smart contract designated by Yuga Labs or an applicable game development partner (each, an “Earned NFT”). You are not obligated to mint, claim or receive an Earned NFT, but if you do, you consent to any and all actions Yuga Labs may require, in its discretion, to effectuate such mint and agree to be subject to the terms set forth in Section 9(B) below (including the NFT Terms, defined below).

(B) Redemption. If you validly earn and claim, mint, or otherwise receive an Earned NFT and for so long as such Earned NFT entitles you to certain benefits as we communicate from time to time, if for any reason you do not wish to own your Earned NFT, then you may contact us at support@faraway.gg with the subject line “Earned NFT Redemption” and we will redeem your Earned NFT for a price of one (1) USDC (the “Earned NFT Redemption”). You agree to cooperate with us in all respects with the Earned NFT Redemption, including in providing us with all reasonably requested information and documentation that we request in order for us to process your Earned NFT Redemption and to comply with applicable laws. If you own an Earned NFT but are otherwise ineligible to receive benefits that we may provide to you (such as access to real-world events and experiences), then you hereby agree that the Earned NFT Redemption will be the only recourse you have against us.

(C) Other Terms. Earned NFTs may be subject to additional terms and conditions set forth by Yuga Labs or third parties, including the restrictions on ownership, eligibility to claim such Earned NFT, and terms and agreements related to the license associated with the Earned NFT, any digital wallets or third-party platforms associated with the Earned NFT that are applicable thereto (collectively, the “NFT Terms”). You are solely responsible for reviewing and complying with all such NFT Terms.

(D) Gas Fees. By minting, claiming, or otherwise receiving or transacting any Earned NFT, you agree to pay any and all applicable fees, including gas fees. Gas fees fund the network of computers that run decentralized blockchain networks, meaning that you will need to pay gas fees for each transaction that occurs via a blockchain network.

EARNED NFTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE YUGA LABS PARTIES (DEFINED BELOW) EXPLICITLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. EARNED NFTS ARE INTANGIBLE DIGITAL TOKENS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE ETHEREUM BLOCKCHAIN. ANY TRANSFER OF OWNERSHIP THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL TOKEN OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM BLOCKCHAIN, AND OF WHICH YUGA LABS DOES NOT CONTROL AND HEREBY DISCLAIMS ANY AND ALL LIABILITY.

9. Eligibility and Receipt of Rewards. 

(A) Our Services may entitle you to earn certain real-world experiences or items (each, a “Reward”). If we determine that you are eligible to receive a Reward, we may require that you provide proof that you are, or were at the time of your participation in the Game, eligible to participate in accordance with these Terms and that your participation was in accordance with these Terms.

(B) In order to receive a Reward, you also may be required to provide a properly completed W-9 or W-8 tax form or W-8BEN form, as applicable, within thirty (30) days of our notice to you that the form is required (which may exist within the Services or as a post on our social media accounts). If you do not provide such proof to us to our reasonable satisfaction, then you will not receive the Reward.

(C) If we determine that you are ineligible to receive a Reward or if you do not submit a W-9 or W-8 or W-8BEN in a proper or timely manner, you will be deemed to have irrevocably forfeited the Reward. In such case, we shall have sole discretion as to whether or not to reallocate the Reward to another eligible user of the Services. If you receive a Reward in error, we may require that the transfer of the Reward be reversed. You agree to cooperate fully with our efforts to do this.

(D) We will use commercially reasonable efforts to distribute Rewards within sixty (60) calendar days of our verification of the leaderboard, completion of our review of eligible participants, and receipt of all proof of eligibility and tax forms.

(E) You are not obligated to receive a Reward, and, subject to your compliance with these Terms, you may use the Services and play the Game without claiming a Reward, even if you would otherwise be eligible to receive one.

(F) Taxes. You will be solely responsible for all international, federal, state and local taxes, and for any other fees or costs associated with the Reward that you receive. We reserve the right to withhold or deduct such taxes and charges from the prizes if and to the extent required by applicable law. You will provide us any information we may require to file informational tax returns with respect to any prizes awarded to you. You agree to promptly pay for any taxes incurred resulting from your receipt of any Reward.

10. Feedback.

We welcome your feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us (or a third-party service provider who we may engage, such as Faraway) at support@faraway.gg or via the functionality of the Services (if available). If you provide us with any Feedback, in consideration for the opportunity to access and use of the Services, you hereby grant us the following: a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense (through one or more tiers), under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, distribute copies of, publicly perform, publicly display and otherwise exploit the Feedback for any purpose and in any country. If you have rights in the Feedback that cannot be licensed to us under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert those rights. You understand and agree that you are knowingly giving your Feedback, that we don’t have to use it, and that you will not be compensated in any way for your Feedback (except as stated above). You represent and warrant that you have rights in any Feedback that you provide to us sufficient to grant us and other affected parties the rights described above, including, without limitation, intellectual property rights or rights of publicity or privacy.

In posting such Feedback, you warrant that you will not use obscene or offensive language or submit any material that is, or may potentially be, defamatory, abusive or hateful, an invasion of anyone's privacy, harmful to other users, or breach the applicable laws.  

11. Accessing a Game from an App Store.

Where a Game is made available via an App Store (such as the Apple App Store or Google Play Store), you acknowledge and agree that:

(A) These Terms are between you and us, not the App Store, and we (not the App Store), are solely responsible for the Game.

(B) The App Store has no obligation to provide any Game maintenance or support.

(C) If the Game cannot meet its warranties (if any), you can contact the App Store and they may, in accordance with their terms, refund you the purchase price of the Game (if applicable) and, to the maximum extent permitted by applicable law, the App Store will have no other warranty obligation whatsoever with respect to the Game.

(D) The App Store is not responsible for addressing any claims you have or any claims of any third-party relating to the Game or your possession and use of the Game, including, without limitation: (i) product liability claims; (ii) any claim that the Game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(E) You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

(F) You may only play the Game on a console or system that you own or control, or on other such system to which the Game is delivered by the App Store.

(G) You must also comply with all applicable third-party terms of service when using the Game.

12. Copyright Policy.

We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide the following information in writing to Faraway’s Copyright Agent: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the right; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple infringing works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity, and information sufficient to permit us to locate the material; (iv) information so that we can contact you, such as address, telephone number and e-mail address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner. Infringement claims and notices should be sent to the attention of Faraway’s Copyright Agent by following the instructions located at https://faraway.com/copyright with a copy of such claims and notices sent to copyright@yugalabs.io.

Please note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

We will respond to clear notices under this Section. Please be advised that we will remove or replace User Content only in accordance with applicable law and that we enforce a policy that provides for the termination in appropriate circumstances of users who are repeat infringers.

If you believe that your User Content was removed by mistake, and that you have the right to post it, you may elect to send us a counter-notification. To be effective the counter-notification must be a written communication provided to Faraway’s Copyright Agent that includes substantially the following: (i) your physical or electronic signature, (ii) Identification of the content that was removed or to which access was disabled and the location at which it appeared before such removal or disablement, (iii) a statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification, and (iv) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district to which you otherwise might be subject, and that you will accept service of process from the person who provided notification of infringement or an agent of such person.

13. Third-Party Websites and Resources.

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources. You further acknowledge sole responsibility for complying with any and all terms of use arising from your use of any third-party websites or resources.

14. Data Charges and Mobile Devices.

You are responsible for all data-related charges that you may incur for using our Services, including, without limitation, mobile, text-messaging, and data charges. You should understand or ask your service provider what charges you may incur before using the Services.

15. Service and Terms Modifications.

We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to access or use the Services after we have posted updated Terms it means that you accept and agree to the changes. If at any time you don’t agree to be bound by the changes, you may not access or use the Services thereafter. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. 

We may provide patches, updates, or upgrades to the Services that must be installed for you to continue using the Services. We may update the Services remotely at any time without notifying you, and you hereby consent to us applying such patches, updates, and upgrades at times we determine in our sole discretion. 

If your device can prevent automatic updates, you may not be able to access the Services until you manually update the Services yourself on your device. We may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Services at any time. Subject to applicable law, you acknowledge that any character data, game progress, game customization or other data related to your use of the Game and other elements unique to the Services may cease to be available to you at any time without notice from us. You agree that we do not have any maintenance or support obligations with respect to the Services. 

Subject to applicable law, we may change the Services (including the price of the Services, Games, Virtual Goods, Game Currency, and Content), at any time, for any reason, without notice or liability to you.

16. Warranty Disclaimers.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION, CERTIFICATION, GUARANTEE OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, YUGA LABS, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS (THE “YUGA LABS PARTIES”) EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE YUGA LABS PARTIES, INDIVIDUALLY AND COLLECTIVELY, MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE YUGA LABS PARTIES MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE SERVICES.

WHILE YUGA LABS ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, THE YUGA LABS PARTIES CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR VULNERABILITIES (COLLECTIVELY, THE “MALICIOUS CODE”). THERE ARE RISKS ASSOCIATED WITH PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET (INCLUDING THE RISK OF MALICIOUS SOFTWARE INTRODUCTION AND THE RISK THAT THIRD PARTIES MAY OBTAIN UNAUTHORIZED ACCESS TO INFORMATION STORED WITHIN YOUR WALLET), AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACCEPT AND ACKNOWLEDGE THAT THE YUGA LABS PARTIES WILL NOT BE RESPONSIBLE FOR ANY BREACH OF SECURITY OR THE RESULT OF YOUR INTERACTION WITH ANY MALICIOUS CODE AS A RESULT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF THE SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT WE ASSUME NO LIABILITY IN THE EVENT THAT YOUR DEVICE YOU USE TO ACCESS OUR SERVICES IS INCOMPATIBLE WITH OUR LISTED MINIMUM REQUIREMENTS, OR IF ITS CONFIGURATION DOES NOT ALLOW YOU TO PLAY THE GAME WITH YOUR DESIRED QUALITY. WE ASSUME NO RESPONSIBILITY FOR ANY MODIFICATIONS THAT YOU MAY MAKE TO YOUR DEVICE, ITS CONFIGURATION, OR ANY THIRD-PARTY SOFTWARE YOU INSTALL ON IT.

THERE ARE RISKS ASSOCIATED WITH USING BLOCKCHAIN-BASED TECHNOLOGY SUCH AS NFTS OR INTERNET-BASED CURRENCIES, INCLUDING BUT NOT LIMITED TO (I) 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 INFORMATION STORED WITHIN YOUR CRYPTO WALLET. YOU ACCEPT AND ACKNOWLEDGE THAT THE YUGA LABS PARTIES WILL NOT BE RESPONSIBLE FOR ANY COMMUNICATION FAILURES, DISRUPTIONS, ERRORS, DISTORTIONS, OR DELAYS YOU MAY EXPERIENCE WHEN USING A BLOCKCHAIN ASSOCIATED WITH THE SERVICES, HOWEVER CAUSED. UPGRADES TO THE APPLICABLE BLOCKCHAIN MAY HAVE UNINTENDED AND ADVERSE EFFECTS ON THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE YUGA LABS PARTIES WILL NOT BE RESPONSIBLE OR LIABLE TO YOU AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (I) BLOCKCHAIN NETWORKS, DIGITAL ASSETS WALLETS, OR CORRUPT FILES; OR (II) ANY THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK.

17. Health Warning. The Game may contain flashing lights, images, other luminous stimulations and/or loud noises which may induce epileptic seizures or result in other adverse physical, mental or emotional results in certain individuals. If you or anyone in your household has any condition that may be triggered or otherwise impacted by any of the foregoing, including but not limited to epilepsy, please consult your doctor before accessing the Game. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing, please immediately discontinue accessing the Game and consult your doctor.

    
    

18. Limitation of Liability.

(A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE YUGA LABS PARTIES WILL NOT BE LIABLE IN ANY WAY FOR ANY (I) LOSS OF PROFITS, (II) LOST REVENUE, (III) LOST SAVINGS, (IV) LOSS OF DATA, OR (V) ANY OTHER INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, IN EACH/ANY CASE, ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH THESE TERMS OR THE SERVICES (INCLUDING A DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF THE SERVICES), OR ANY EARNED NFT, EVEN IF SUCH DAMAGE OR LOSS RESULTS, DIRECTLY OR INDIRECTLY, FROM ANY ACTION OR OMISSION OF ANY YUGA LABS PARTY, AND REGARDLESS OF THE THEORY OR BASIS FOR THE CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE, AND EVEN IF THAT YUGA LABS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CAUSE OF ACTION OR DAMAGES. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE YUGA LABS PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNT YOU INDIVIDUALLY HAVE SPENT IN THE GAME WITHIN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM.

(B) ADDITIONAL TERMS RELATING TO NFTS

(I) THE YUGA LABS PARTIES WILL NOT BE RESPONSIBLE OR LIABLE TO ANY OWNER OR PURCHASER FOR ANY LOSS AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF AN APPLICABLE NFT (INCLUDING AN EARNED NFT), INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS OR SEED PHRASES, INCORRECTLY CONSTRUCTED TRANSACTIONS OR MISTYPED WALLET ADDRESSES, (II) SERVER FAILURE OR DATA LOSS, (III) CORRUPTED CRYPTOCURRENCY WALLET FILES, (IV) UNAUTHORIZES ACCESS OF AN NFT, OR (V) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION MALICIOUS CODE OR OTHER MEANS OF ATTACK (SUCH AS PHISHING OR BRUTEFORCING) AGAINST THE BLOCKCHAIN NETWORK UNDERLYING AN APPLICABLE NFT.

(II) NFTS EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE APPLICABLE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR DOES SO ON THE DECENTRALIZED LEDGER WITHIN SUCH BLOCKCHAIN NETWORK, WHICH THE YUGA LABS PARTIES DO NOT CONTROL. THE YUGA LABS PARTIES DO NOT GUARANTEE THAT YUGA LABS OR THE YUGA LABS PARTIES CAN AFFECT THE TRANSFER OF TITLE OR RIGHT OF ANY NFT. THE YUGA LABS PARTIES MAKE NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF NFTS ON ANY THIRD-PARTY NFT MARKETPLACE OR ANY PURPORTED SUBSEQUENT TRANSACTIONS

THE FOREGOING LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. Some countries, states, provinces, or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in these Terms will prejudice such rights that you may have as a consumer of the Services.

19. Indemnity.

You agree to indemnify, defend, and hold the Yuga Labs Parties and their employees, officers, directors, agents, contractors, and other representatives (collectively, the “Yuga Labs Indemnitees”) harmless from all claims, demands, actions, losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees, costs, and expert witnesses’ fees) that arise out of or in any way are connected with: (a) your access to or use of the Services; (b) your User Content; or (c) any claim that, if true, would constitute a breach by you of these Terms. You agree to reimburse us for any payments made or loss suffered by the Yuga Labs Indemnitees, whether in a court judgment or settlement, based on any matter covered by this Section 19.

20. Termination.

We may suspend or terminate your access to and use of any or all the Services, including any Game, Virtual Goods, or Content, with no liability or notice to you in the event that (a) we believe or have determined that you breached these Terms (including our other policies specified in these Terms); or (b) we otherwise deem it necessary to terminate these Terms in our sole discretion, for any reason. Upon any termination of these Terms, the rights granted to you will automatically terminate, you may no longer exercise any of those rights or these Terms.

The following sections will survive termination of these Terms: 8(b), 16, 18, 19, 21, 22, and this sentence of Section 20, as well as any other provisions that by their nature should survive termination.

21. Governing Law and Forum Choice. 

These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to its conflict or choice of laws provisions. Except as otherwise expressly set forth in Section 18 below, the exclusive jurisdiction for all Disputes (defined below) that you and Yuga Labs are not required to arbitrate will be the state and federal courts located in the State and City of New York (New York County), and you and Yuga Labs each waive any objection to jurisdiction and venue in such courts.

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

PLEASE READ THIS SECTION 22 CAREFULLY BECAUSE IT MAY REQUIRE YOU AND YUGA LABS  TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU AND WE CAN SEEK RELIEF FROM EACH OTHER. This Section 22 (Dispute Resolution and Agreement to Arbitrate on an Individual Basis) shall be construed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in these Terms.  

By agreeing to these Terms, and to the extent permitted by applicable law, you and Yuga Labs agree that any and all past, present and future disputes, claims or causes of action between you and Yuga Labs arising out of or relating to these Terms or the Services, the formation of these Terms or any other dispute between you and Yuga Labs or any of Yuga Labs' licensors, distributors, suppliers or agents, and whether arising prior to or after your agreement to this Section 22 (collectively, "Dispute(s)"), will be governed by the procedure outlined below. You and Yuga Labs further agree that any arbitration pursuant to this Section 22 shall not proceed as a class, group or representative action.

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

(B) Exceptions. As limited exceptions to Section 22(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; (ii) we each retain the right to seek injunctive or other equitable relief from a court as authorized in Section 21 solely to prevent (or to enjoin) the infringement or misappropriation of our intellectual property rights; (iii) we each may bring an action in a court as authorized in Section 21 for temporary injunctive relief until an arbitrator has been empaneled and can determine whether to continue, terminate or modify such relief; and (iv) either party may move to compel arbitration pursuant to this Section 22 or to enforce an arbitral award issued hereunder, in a court as authorized in Section 21 or in any other court of competent jurisdiction.

(C) Conducting Arbitration and Arbitration Rules. You and Yuga Labs agree that JAMS ("JAMS") will administer the arbitration under its Streamlined Rules in effect at the time arbitration is sought ("JAMS Rules"). Those rules are available at www.jamsadr.com. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules. You and Yuga Labs further agree that, unless and only to the extent prohibited under JAMS Rules, the arbitration will be held in New York, New York, or, at your election, will be conducted telephonically or via other remote electronic means. The JAMS Rules will govern payment of all arbitration fees. The arbitrator shall be authorized to award any remedies, including injunctive relief, that would be available to you in an individual lawsuit and that are not waivable under applicable law. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules (or JAMS Comprehensive Rules, as applicable per below), and we will not seek to recover the administration and arbitrator fees we are responsible for paying unless the arbitrator finds your Dispute is frivolous.

(D) Proceedings Requiring Three Arbitrators. Notwithstanding any language to the contrary in Section 22(c), if a party either seeks a monetary award in excess of One Million Dollars ($1,000,000) or seeks an equitable form of relief that would significantly impact other Yuga Labs users, in each case as reasonably determined by either party, the parties agree that such arbitration will proceed on an individual basis but will be handled by a panel of three (3) arbitrators and take place pursuant to the JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Comprehensive Rules”). Each party shall select one neutral arbitrator, with the third neutral arbitrator selected in accordance with the JAMS Comprehensive Rules. That third arbitrator shall serve as chair of the arbitral panel and must be a retired judge with experience arbitrating or mediating disputes. In the event of disagreement as to whether the threshold for a three-arbitrator panel has been met, the sole arbitrator appointed in accordance with this Section 22(d) shall make that determination. If the arbitrator determines a three-person panel is appropriate, the arbitrator may – if selected by either party or through the JAMS selection process – participate in the arbitral panel. You and Yuga Labs agree that any award issued by a three-arbitrator panel may be appealed in accordance with the JAMS Optional Arbitration Appeal Procedures at either party’s election.

(E) Batch Arbitration. To increase efficiency of resolution, in the event twenty-five (25) or more similar arbitration demands against Yuga Labs, presented by or with the assistance of the same law firm or organization, are submitted to JAMS in accordance with the rules described above within a thirty (30) day period, JAMS shall consolidate those arbitrations as contemplated in the JAMS Rules by (a) grouping the arbitration demands into batches of no more than twenty-five (25) demands per batch (plus, to the extent there are fewer than twenty-five (25) arbitration demands left over after the batching described above, a final batch consisting of the remaining demands); and (b) providing for resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch. For avoidance of doubt, consolidation does not require that all arbitrations in a single batch be decided the same, nor does it impair your right to present any evidence or argument that you think particular to your case, so long as consistent with JAMS Rules. You agree to cooperate in good faith with Yuga Labs and JAMS to implement such a batch approach to resolution and fees. 

(F) Class Action and Collective Arbitration Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR YUGA LABS SHALL BE ENTITLED: TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES; TO PARTICIPATE IN ANY GROUP, CLASS, COLLECTIVE OR MASS ARBITRATION OR LITIGATION; TO ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY; OR OTHERWISE TO SEEK TO RECOVER FOR LOSSES INCURRED BY A THIRD-PARTY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THESE TERMS, IN THE EVENT ALL OR ANY PORTION OF SECTIONS (D), (E) OR (F) OF THIS SECTION 22 (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) ARE FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE, THEN THE ENTIRETY OF THIS SECTION 22 (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) MAY BE DEEMED VOID AND AS HAVING NO EFFECT FOR PURPOSES OF THAT DISPUTE UPON EITHER PARTY'S ELECTION.

(G) Severability. With the exception of any of the provisions in Section 22(f) of these Terms (“Class Action and Collective Arbitration Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

23. General Terms. 

(A) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Yuga Labs and you regarding use of the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Yuga Labs and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

(B) Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Notwithstanding the title of this Section, we may freely assign or transfer these Terms without restriction. Yuga Labs may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

(C) Language. The original language of these terms is English. Any translations are provided for reference purposes only. You waive any right you may have under the law of your country to have these Terms written, interpreted, or construed in any other language.

(D) Notices. Any notices or other communications provided by Yuga Labs under these Terms will be given by posting to the Services.

(E) Waiver of Rights. Yuga Labs’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Yuga Labs. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

(F) Third-Party Rights. A person who is not a party to these Terms will have no right to enforce any of the provisions contained herein.

Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and any permitted assigns. No provision of these Terms is intended to confer any rights, benefits, remedies, obligations, or liabilities hereunder upon any person or entity other than you and Yuga Labs and each party’s respective successors and permitted assigns.

24. Contact Information. If you have any questions about these Terms or the Services, please contact us at support@faraway.gg.