Terms of Service

These Terms of Service (“Terms”) govern the relationship between you and Future Sight Simulation Technologies Ltd, doing business as Snow Games (hereinafter “Snow Games”, “we” or “us”), regarding your use of Snow Games’ games, store, sites and related services (the “Service”). Use of the Service is also governed by the Snow Games Privacy Policy and other relevant policies, which are incorporated herein by reference.

Before accessing or using the Service, including browsing any Snow Games website or accessing a game, you must agree to these Terms. A guest account may be created for you for the use of the Service, and you may also be required to register an account on the Service (collectively, “Account”). These Accounts may include, for example, game Accounts and Snow Games ID. By using or registering for an Account or otherwise using the Service, you affirm that you are of the legal age of majority in your country of residence. If you are not, your legal guardian must review and agree to these Terms.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

IMPORTANT NOTICE: For U.S. and Canadian residents, you also agree that disputes with Snow Games must be resolved on an individual basis through final and binding arbitration as described in Section 8 (“Dispute Resolution”).

Snow Games reserves the right, at its discretion, to change, modify, add or remove portions of these Terms and other Snow Games policies at any time by posting the amended terms on the Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of these Terms, the Snow Games Privacy Policy, or any other Snow Games policy, rules or codes of conduct relating to your use of the Service, your right to use the Service shall immediately terminate, and you must immediately stop using the Service.

1. Using the Service

1.1 Your Right to Use the Service

Subject to your agreement and continuing compliance with these Terms and any other relevant Snow Games policies, you have a non-exclusive, non-transferable, non-sublicensable, revocable and limited right to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

The following restrictions apply to the use of the Service:

• You accept full responsibility for any unauthorized use of the Service by minors, including any use of your credit card or other payment instrument (such as PayPal) by minors.
• You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or create an Account on behalf of someone other than yourself.
• You shall not use the Service if you have previously been removed by Snow Games or banned from playing any Snow Games game.
• You shall not use the Service to advertise, solicit or transmit any commercial advertisements, including chain letters, junk or spam email, or repetitive or misleading messages.

1.2 Your Account and Login Information

You may be required to select a password for your Account, or you may use other credentials to access it (“Login Information”). You shall not share your Account or Login Information, let anyone else access your Account, or do anything else that might jeopardize the security of your Account. If you become aware of or reasonably suspect any breach of security, including any loss, theft or unauthorized disclosure of your Login Information, you must immediately notify Snow Games and modify your Login Information. You are solely responsible for maintaining the confidentiality of your Login Information, and you are responsible for all uses of it, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.

Important note: Deleting a game from your mobile device will cause you to lose your game data for that game. Game data is stored only on the current device unless your Account is linked through Snow Games ID or a supported third-party platform.

Snow Games reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates that party’s rights. Unless you are using Snow Games ID, the Service supports only one Account per game on a supported device.

1.3 Snow Games ID

Snow Games ID is a service that allows you to safeguard your game Account and play Snow Games games with your Account across your mobile devices. To safeguard your Account security and privacy, you will not be able to disconnect Snow Games ID from your game Account once you sign up for it. If you have any questions about Snow Games ID, you can contact us through the support features within each Snow Games game.

1.4 Use Limitations

Any use of the Service in violation of these Use Limitations is strictly prohibited, may result in the immediate revocation of your limited right to use the Service, and may subject you to liability for violations of law.

You agree that you will not, under any circumstances:

• Engage in any act that Snow Games deems to be in conflict with the spirit or intent of the Service, or make improper use of Snow Games’ support services.
• Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, emulators, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service or any Snow Games game.
• Modify or cause to be modified any files that are part of the Service or any Snow Games game without Snow Games’ express written consent.
• Disrupt, interfere with or otherwise adversely affect the normal flow of the Service, or act in a manner that may negatively affect other users’ experience. This includes win trading, manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players, and any other act that intentionally abuses or goes against the design of the Service.
• Disrupt, overburden, or assist in the disruption or overburdening of any computer or server used to offer or support the Service or any Snow Games game environment.
• Institute, assist or become involved in any type of attack, including without limitation distribution of a virus or denial-of-service attacks, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
• Attempt to gain unauthorized access to the Service, Accounts registered or used by others, or the computers, servers or networks connected to the Service by any means other than the user interface provided by Snow Games, including by circumventing or modifying (or attempting or encouraging others to circumvent or modify) any security, technology, device or software that is part of the Service.
• Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously or otherwise objectionable or offensive, or engage in ongoing toxic behavior, such as repeatedly posting information on an unsolicited basis.
• Post any information that contains nudity, excessive violence or offensive subject matter, or that contains a link to such content.
• Harass, abuse or harm, or attempt, advocate or incite the harassment, abuse or harm of, another person or group, including Snow Games employees and customer service representatives.
• Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity or other right of any person or entity, or that impersonates any other person, including without limitation a Snow Games employee.
• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code of any underlying software or other intellectual property used to provide the Service or any Snow Games game, or obtain any information from the Service or any Snow Games game using any method not expressly permitted by Snow Games.
• Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service or any Snow Games game.
• Collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents or financial information, through the Service.
• Use any Snow Games game for gambling, betting or any similar activity in which prizes or rewards can be won (directly or indirectly), including betting on the outcome of matches in which you participate as a player, whether or not a fee or stake is involved.
• Use the Service in any way that would violate export controls, anti-money-laundering rules, economic sanctions or similar laws or regulations, including but not limited to those imposed by the United States of America and/or the European Union.

Snow Games reserves the right to determine what conduct it considers to be in violation of these rules or otherwise outside the intent or spirit of these Terms or the Service, and to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.

1.5 Suspension and Termination of Account and Service

WITHOUT LIMITING ANY OTHER REMEDIES, SNOW GAMES MAY LIMIT, SUSPEND, TERMINATE, MODIFY OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF, WITH OR WITHOUT NOTICE TO YOU, (i) IF YOU ARE, OR SNOW GAMES SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH THESE TERMS OF SERVICE, OR (ii) FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE. YOU CAN LOSE YOUR USERNAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED VIRTUAL ITEMS AND PURCHASED VIRTUAL ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND SNOW GAMES IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITY, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. SNOW GAMES RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

Snow Games reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your right to use the Service or that part will automatically terminate. In such event, Snow Games shall not be required to provide refunds, benefits or other compensation to users in connection with the discontinued Service. Termination of your Account can include disabling your access to the Service or any part thereof, including any content you or others submitted.

1.6 In-Game Advertising

We may display third-party advertisements (“Ads”) within the Service to support the development and maintenance of our games. Ads may appear in various formats, including but not limited to banners, interstitials, rewarded videos and sponsored content.

We strive to ensure that Ads displayed within the Service are relevant and appropriate for our audience. However, we do not endorse and take no responsibility for the content of third-party Ads; you interact with Ads at your own discretion and risk.

To serve personalized Ads and improve ad relevance, we and our partners may collect certain information about your device, gameplay activity and ad interactions, as described in our Privacy Policy. You may control certain aspects of ad targeting and personalization within the game settings, and you may opt out of interest-based Ads by adjusting your device settings or by following the instructions in our Privacy Policy. We may update this section from time to time as part of these Terms.

2. Ownership

2.1 Games and Service

All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Snow Games game client, and the Snow Games game clients and server software) are owned by Snow Games. Snow Games reserves all rights, including without limitation all intellectual property rights and other proprietary rights, in connection with its games and the Service.

2.2 Accounts

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF SNOW GAMES.

2.3 Virtual Content

Snow Games owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Snow Games games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual items, content, features, goods, services or currency appearing or originating in any Snow Games game, whether earned in a game or purchased from Snow Games, or any other attributes associated with an Account or stored on the Service.

3. User Content

3.1 Submission of User Content

“User Content” means any communications, images, sounds and all other material, data and information that you upload or transmit through a Snow Games game client or the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential or misleading; (b) not in violation of any laws, contractual restrictions or other third-party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) that you acknowledge and agree that any of your personal information within such content will at all times be processed by Snow Games in accordance with its Privacy Policy.

3.2 Content Screening

Snow Games assumes no responsibility for the conduct of any user submitting User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service.

At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service. By entering into these Terms, you provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.

Snow Games reserves the right, in its sole discretion, to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice, for any reason or for no reason, at any time. If at any time Snow Games chooses, in its sole discretion, to monitor the Service, it nonetheless assumes no responsibility for User Content and no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion, to edit, refuse to post or remove any User Content.

3.3 Public Discourse

The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Snow Games cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Snow Games shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

3.4 Responsibility for Your Content

You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Snow Games may reject, refuse to post or delete any User Content for any or no reason, including User Content that in the sole judgment of Snow Games violates these Terms.

3.5 Your License to Snow Games

You hereby grant to Snow Games an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third parties) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotion of the Service. You also hereby grant to Snow Games the right to authorize others to exercise any of the rights granted to Snow Games under these Terms. You further grant to Snow Games the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Snow Games does not claim any ownership rights in your User Content, and nothing in these Terms is intended to restrict any rights that you may have to use and exploit your User Content. Snow Games has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

3.6 User Interactions

You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Snow Games games. Snow Games reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Snow Games to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Snow Games access to any password-protected portions of your Account. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

4. Fees and Purchase Terms

4.1 Purchases

In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable right to use (a) virtual currency, including but not limited to virtual cash or diamonds, all for use in Snow Games games; (b) virtual in-game items, content or features; and (c) other goods or services (jointly, “Virtual Items”). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service, and not in any other way.

You expressly agree that we will start the performance of the purchase agreement for Virtual Items or any other digital content before the expiration of any statutory withdrawal period defined in applicable laws. You give explicit prior consent that the content you have purchased will be delivered to you before the withdrawal period ends, and you thereby lose the statutory right of withdrawal.

Snow Games may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice. To the fullest extent permitted under applicable law, Snow Games shall have no liability to you or any third party in the event that Snow Games exercises any such rights.

The transfer of Virtual Items is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer Virtual Items to any person or entity, or attempt to do so, including to Snow Games, another user or any third party.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE, EXCEPT WHERE REQUIRED UNDER APPLICABLE LAW.

The provision of Virtual Items for use in Snow Games games is a service provided by Snow Games that commences immediately upon acceptance by Snow Games of your purchase.

4.2 Payment of Fees

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Snow Games may revise the pricing for the Virtual Items offered through the Service at any time. YOU ACKNOWLEDGE THAT SNOW GAMES IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

5. Updates to the Service

You understand that the Service is an evolving one. Snow Games may require that you accept updates to the Service and to Snow Games games you have installed on your device. You acknowledge and agree that Snow Games may update the Service and Snow Games games with or without notifying you. You may need to update third-party software from time to time in order to receive the Service and play Snow Games games.

6. Disclaimer of Warranties

WITHOUT LIMITING SNOW GAMES’ LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SNOW GAMES DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.

7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SNOW GAMES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SNOW GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, SNOW GAMES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO SNOW GAMES IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO SNOW GAMES DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND SNOW GAMES’ EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH SNOW GAMES IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SNOW GAMES, OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF SNOW GAMES.

You agree to indemnify, defend and hold Snow Games (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of your use of the Service or any breach by you of these Terms; however, the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

8. Dispute Resolution

You and Snow Games agree that the processes for dispute resolution described in this agreement will apply to any dispute or claims related to these Terms or the Service. Disputes include any claims of any kind, including but not limited to legal, equitable or statutory claims. These processes will apply even if you stop using your Account, delete your Account or stop using the Service, and they will also apply to disputes that arose before we entered into this agreement.

Sections 8.1 to 8.6 apply to you if you are a resident of the United States or Canada. They do not apply to you if you are a resident of any other country.

8.1 Informal Dispute Resolution

You must try to informally resolve any dispute directly with Snow Games for at least thirty (30) days before you start an arbitration. The informal dispute resolution process starts when you give Snow Games written notice of the dispute.

8.2 Arbitration Agreement

You and Snow Games agree to resolve any disputes exclusively in final and binding arbitration as follows: Either you or Snow Games may choose to submit any dispute for resolution exclusively by final and binding arbitration, unless the claim falls within the exceptions described below. If you or Snow Games brings a claim in court that can be resolved by arbitration under this section, then either party can ask the court to order the parties to resolve the claim by arbitration. The arbitrator will have the exclusive authority to decide whether any portion of this Section 8 (“Dispute Resolution”) is valid or enforceable, or whether it applies to a claim.

An arbitration proceeding will be held before a neutral arbitrator. This means you and Snow Games agree to give up the right to resolve the dispute in a trial before a judge or jury. Arbitration has different rules than more formal lawsuits; for example, the ability to force the other side to share information may be more limited than the process called discovery in formal lawsuits. After the arbitrator decides the outcome, that decision will be final. You or Snow Games can ask the arbitrator to put a decision or award, and the reasons for it, in writing. Either of us can ask a court to confirm or enter the arbitrator’s final decision or award, which will make it the same as a court judgment. You and Snow Games will generally not be able to change the outcome of arbitration through the courts outside of very limited circumstances.

8.3 Arbitration Process

The arbitration will be run by the American Arbitration Association (“AAA”). AAA’s rules and procedures will be used for the arbitration, including the Consumer Arbitration Rules; if there is a conflict between these Terms and AAA’s rules and procedures, these Terms will govern. To review AAA’s rules or to start an arbitration, you can go to AAA’s website. If either of us decides to start arbitration, we agree to provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The fees for arbitration will be determined by AAA’s Consumer Arbitration Rules. If the arbitrator decides that those fees are excessive, Snow Games will pay the fees. Each side will pay its own attorneys’ fees and costs, unless the underlying claims allow the prevailing party to recover attorneys’ fees and costs, in which case the arbitrator may award them under the applicable law. If either party unsuccessfully challenges the validity of the arbitrator’s decision or award through a subsequent court case, the unsuccessful party shall pay the opposing party’s costs and attorneys’ fees associated with the challenge. The arbitration will take place either in San Francisco, California, USA, or in the county or province where you reside.

8.4 Exceptions to Agreement to Arbitrate

You and Snow Games agree that the arbitration agreement in Section 8.2 will not apply to the following disputes:

• Claims about Snow Games’ intellectual property, such as claims to enforce, protect or determine the validity of Snow Games’ copyrights, trademarks, trade dress, domain names, patents, trade secrets or other intellectual property rights.
• Claims related to piracy or tortious interference.
• Claims that are not subject to an arbitration agreement as a matter of law and are not preempted by federal law that would allow for an agreement to arbitrate.
• Claims in small claims court.

Any dispute not subject to arbitration under these exceptions shall be resolved by a court of competent jurisdiction as described in Section 10 (“Venue for Disputes Not Subject to Arbitration”).

8.5 No Class Actions

You and Snow Games agree that we can only bring claims against each other on an individual basis. That means:

• You cannot bring a claim against Snow Games as a plaintiff or class member in a class, collective, consolidated or representative action.
• The arbitrator cannot combine any other person’s claims with yours into a single case, or preside over any class, collective, consolidated or representative arbitration proceeding.
• The arbitrator’s decision or award in your case will not apply to anyone else and cannot be used to decide other people’s disputes.

If this Section 8.5 (“No Class Actions”) is found to be unenforceable or invalid, then the entirety of Section 8, including Sections 8.1 to 8.6, shall be void.

8.6 Opt-Out of Arbitration Agreement and No Class Actions Provisions

You can choose to opt out of, and not be bound by, the Arbitration Agreement and No Class Actions provisions above (Sections 8.1 to 8.5) by sending written notice of your decision to Snow Games support with the subject line “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT”. You must send us this notice within thirty (30) days of your first use of the Service or the availability of this opt-out, whichever is later. If you do not send us a notice within that time, you will be bound to arbitrate disputes in accordance with these Terms. If you opt out of these arbitration provisions, Snow Games also will not be bound by them.

8.7 Alternative and Online Dispute Resolution

If you are a consumer based in the EU or EEA, you may make use of the Online Dispute Resolution platform offered by the European Commission as an out-of-court alternative for resolving disputes. You may also have recourse to alternative dispute resolution and refer a dispute to the consumer disputes board or other corresponding out-of-court institution in your domicile.

9. Applicable Law

If you are a resident of the United States or Canada: (1) the United States Federal Arbitration Act (including its procedural provisions) governs the interpretation and enforcement of the agreement to arbitrate and the no class actions provisions of Section 8, and (2) any dispute arising out of or related to these Terms or the Service shall be governed in all respects by the laws of the State of California, USA, without regard to conflict of law provisions.

If you are a resident outside of the United States and Canada, you agree that any claim or dispute arising out of or related to these Terms or the Service shall be governed by the laws of the State of Israel, without regard to conflict of law provisions.

10. Venue for Disputes Not Subject to Arbitration

If you are a resident of the United States or Canada, you agree that any claim or dispute you may have against Snow Games that is not subject to arbitration under Section 8 must be resolved exclusively by a federal or state court located in San Francisco, California. You and Snow Games consent to venue and personal jurisdiction in San Francisco, California for all such claims or disputes.

If you are a resident outside of the United States and Canada, you agree that any claim or dispute you may have against Snow Games must be resolved exclusively by a court located in Tel Aviv, Israel.

11. Severability

You and Snow Games agree that if any portion of these Terms is found illegal or unenforceable, in whole or in part, by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability, without affecting its validity or enforceability in any other manner or jurisdiction, and without affecting the remaining provisions of these Terms, which shall continue in full force and effect.

12. General Provisions

12.1 Assignment

Snow Games may assign or delegate these Terms, in whole or in part, to any person or entity at any time, with or without your consent. You may not assign or delegate any rights or obligations under these Terms without Snow Games’ prior written consent, and any unauthorized assignment or delegation by you is ineffective.

12.2 Supplemental Policies

Snow Games may publish additional policies related to specific services, such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms.

12.3 Entire Agreement

These Terms, any supplemental policies and any documents expressly incorporated by reference herein (including the Snow Games Privacy Policy) contain the entire understanding between you and Snow Games, and supersede all prior understandings of the parties relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent.

12.4 No Waiver

The failure of Snow Games to require or enforce strict performance by you of any provision of these Terms, or to exercise any right under them, shall not be construed as a waiver or relinquishment of Snow Games’ right to assert or rely upon any such provision or right in that or any other instance. The express waiver by Snow Games of any provision, condition or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers or other acts or omissions by Snow Games shall be deemed a modification of these Terms, nor legally binding, unless documented in physical writing, hand-signed by you and a duly appointed officer of Snow Games.

12.5 Notices

We may notify you via postings in our games, onwww.snowstudios.co, via email, or by any other communication means using the contact information you provide to us. All notices given by you or required from you under these Terms shall be in writing and addressed to: Future Sight Simulation Technologies Ltd (business ID 515843506), viahttps://www.snowstudios.co/support.

12.6 Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms to Snow Games are of a unique and irreplaceable nature, the loss of which shall irreparably harm Snow Games and which cannot be replaced by monetary damages alone, so that Snow Games shall be entitled to injunctive or other equitable relief (without the obligation of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Snow Games game, the exploitation of any advertising or other materials issued in connection therewith, or the exploitation of the Service or any content or other material used or displayed through the Service, and you agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).

12.7 Force Majeure

Snow Games shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Snow Games, including without limitation acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.