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Terms of Use & Service Agreement

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 7 BELOW.

Last Revised: April 10, 2022. TERMS OF USE AND SERVICE AGREEMENT FOR RESIDENTS OF THE UNITED STATES OF AMERICA WHO PARTICIPATE FROM ELIGIBLE JURISDICTIONS LISTED BELOW IN SECTION 5. Welcome and thank you for visiting our free-to-play Hyperkade “social casino” website and applications related to it. This includes (not a limitation) www.hyperkade.com and any other website or application on which this Terms of Use and Service Agreement appears (each, a "Website"). Our Website iCounter-Notice Interactive online services are operated by HyperKade, LLC, ("Hyperkade"). This Terms of Use and Service Agreement (the "Agreement") applies to this website and any other service offered by Hyperkade. Certain services offered by Hyperkade may be subject to separate terms of use, in which case, we will let You know what terms will apply to those services. Certain products, services, and digital content may from time to time be made available to You for purchase through Hyperkade . If offered (except for in-game video avatars that we refer to as “Digital Coins”) such purchases are to be governed by separately-presented terms of sale or Official Rules of any free game of chance promotion, all of which when published on our Website are incorporated by reference into and made part of this Agreement. From time to time, we may revise our Terms of Use and Service Agreement. The date of the latest revision is shown near the beginning of this document. You ought to note the latest revision date. When You see a later revision date, please again review our Terms of Use and Service Agreement. Hyperkade knows that the privacy of Your personal identifying information is important to You. We are diligent to protect that privacy as to all personal identifying information that You supply to Hyperkade in the process of opening a user account and otherwise. For more information about the Hyperkade data protection practices, please read our Privacy Policy, which You can access it by clicking HERE. For those who participate in our free-to-play entertainment video games and our free game of chance promotion of the sale of additional video game entertainment (both) from states shown below as eligible in section 5, the Hyperkade Privacy Policy is incorporated by reference into and made part of this Agreement. The Privacy Policy explains how Hyperkade processes Your personal information, and protects Your privacy when You use the Hyperkade Service. Your access to and use of the Hyperkade Service shall be subject to the Hyperkade Privacy Policy. The Hyperkade Service is made available only to persons aged eighteen years or older. PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT FOR THE Hyperkade SERVICE IS A BINDING, LEGAL CONTRACT BETWEEN YOU AND Hyperkade. BY REGISTERING FOR ACCESSING, BROWSING OR USING THE Hyperkade SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS CONTAINED IN THIS AGREEMENT. BY ACCESSING, BROWSING OR OTHERWISE USING ANY PART OF THE WEBSITE AND/OR Hyperkade SERVICE, YOU ACCEPT, WITHOUT QUALIFICATION OR LIMITATION, THIS AGREEMENT AND THE TERMS CONTAINED IN THIS AGREEMENT. IF AT ANY TIME YOU DO NOT AGREE TO THE TERMS CONTAINED IN THIS AGREEMENT, YOU MAY NOT USE THE Hyperkade SERVICE, AND ACCORDINGLY, MUST IMMEDIATELY TERMINATE YOUR USE OF THE Hyperkade SERVICE AND THE WEBSITE. IF YOU REJECT THIS AGREEMENT OR THE Hyperkade ™ PRIVACY POLICY OR THE OFFICIAL RULES OF THE Hyperkade FREE GAME OF CHANCE PROMOTION, YOUR ELIGIBILITY TO ACCESS THE WEBSITE WILL TERMINATE. NOTHING IN THIS PARAGRAPH SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHT. YOU CREATE A BINDING, LEGAL CONTRACT BETWEEN YOURSELF AND Hyperkade BY REGISTERING FOR, ACCESSING, BROWSING OR USING THE Hyperkade SERVICE OR THE WEBSITE. BY SO DOING YOU ACKNOWLEDGE THAT YOU HAVE READ IN ENGLISH, UNDERSTAND IN ENGLISH, AND AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.

1. COMPLIANCE UNDER THE LAW APPLICABLE WHERE YOU ACCESS THE Hyperkade SERVICES

By use of the Website You have the opportunity to participate in free-to-play no-prize competitions. When you establish an account and thereafter on each day that you connect to the Website, you will receive without payment, a daily allotment of one thousand (1000) entry credits to enter these no-prize video game competitions. You may also choose to pay an entry fee by buying additional entry credits. ALL CONTESTS, TOURNAMENTS, COMPETITIONS AND SWEEPSTAKES ARE VOID AS TO PARTICIPATION IN ANY STATE WHICH PROHIBITS OR RESTRICTS SUCH ACTIVITIES. By Your act of registering on the Website or participating in any such activity You warrant and represent for reliance by Hyperkade and its affiliates and that of employees, agents and employees and contractors of Hyperkade that You have checked the laws of the country jurisdiction from which You access the Hyperkade Services, and that with good reason You understand that such activities are not prohibited or restricted by the applicable law or by this Terms of Use and Service Agreement. You will not be entitled to any prize or refund if the applicable law or this Terms of Use and Service Agreement prohibits or restricts Your participation in these activities or refunds that You may claim or promotional prizes to which You may otherwise become entitled in connection with the Hyperkade free game of chance promotion. In any event, You access and use the Hyperkade services at Your own sole risk and acknowledge that Hyperkade makes no warranty regarding compliance under the law of any U.S. jurisdiction, and that no representative of Hyperkade has authority to make such a warranty.

2. TAXES

It is Your obligation (and not that of Hyperkade ) to pay all taxes imposed upon You, or upon Your receipt of any gross or net winnings from the Hyperkade free game of chance promotion, or upon Your purchase of any property or service, by any taxing authority. It is Your obligation (and not that of Hyperkade ) to prepare and file all returns and reports required by the United States and any jurisdiction where You reside or from where You access the Hyperkade Service.

3. SALES OF PROPERTY AND SERVICES

From time we may offer for sale, goods or services that are advertised or posted on the Website. The prices charged for them are subject to change as to all sales not final and fully paid at the time of the price revision. As to all tangible goods (or intellectual property fixed in a tangible medium) that You may buy, (1) to the fullest extent allowed by applicable law WE MAKE NO WARRANTY THAT THE PRODUCT IS MERCHANTABLE, FIT FOR ANY PARTICULAR PURPOSE, OR NONINFRINGING. WE DISCLAIM ALL SUCH WARRANTIES AS MAY BE IMPLIED OR REQUIRED BY THE LAW OF ANY JURISDICTION, and (2) we shall be deemed to have fully performed our duty to deliver tangible goods when we deliver the goods to a common carrier, freight prepaid (or to a governmental postal service, postage prepaid) for shipment to You at the address that You supplied to us; it being understood that You bear the entire risk of loss or damage in transit, misdelivery and non-delivery of the goods that You may buy from us. Prior to shipment we have the right to cancel any order and refund any payment based on a mistaken price quote on the Website. Videographic “Coins” used in game play on Hyperkade competitions and video games, including (not limited to) game promotion video, are not property that is sold. These avatars are intellectual property of Hyperkade . They represent visually, game play entitlement. On gratuitous award and (as to Hyperkade tournament competition games and other no-prize games) “purchase, the “Coins” are licensed to the Hyperkade user to whom awarded gratuitously and the Hyperkade user who pays for use of “Coins” solely in connection with that Hyperkade user’s account and solely in connection with initiating game play on the Hyperkade service.

4. CHANGES TO THE WEBSITE, THE Hyperkade SERVICE, OR ANY NO-PRIZE OR PROMOTIONAL GAMES OFFERED THEREON

Hyperkade may at any time change or discontinue any aspect or feature of the Hyperkade Service, including, and not limited to, content, hours of availability, and equipment needed for access or use. When using the Hyperkade Service, You may be subject to additional posted policies, guidelines or rules applicable to specific services and features. These may be posted online and notified to You from time to time (the “Policies”). All Policies are hereby incorporated by reference into this Agreement and made part of this Agreement.

5. ELIGIBILITY TO PARTICIPATE IN CONTESTS AND THE FREE GAME OF CHANCE PROMOTION

5.1. Excluded Jurisdictions Competitions for which there is an entry fee and no prize of merchandise, money or other value useful outside the game or competition are open only to persons who are at least eighteen years of age at the time of participation and are otherwise eligible in accordance with the posted rules specific to the game, contest or promotion. No-prize competitions, involving any entry fee, and free game of chance promotions are available to persons who live in and participate from US excluding restricted states: Arkansas, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Maryland, Michigan, Mississippi, Missouri, Nebraska, New Hampshire, North Carolina, Oklahoma, Rhode Island, South Dakota, Tennessee, Utah, West Virginia, Washington, Wisconsin. 5.2. Other Terms of Eligibility 5.2.1 Notwithstanding any status as a paying participant in no-prize games and competitions, no prize from the free game of chance promotion is awarded to winners who are younger than eighteen (18) years of age or participate from any of the excluded states listed above or participate from a jurisdiction where the awarding of a prize based on the participant’s results in the competition or game promotion is prohibited or restricted. 5.2.2 To be eligible to receive a prize, each entrant must be the registered owner of the email address identified in the entrant’s account with an internet service provider and throughout the competition will be eligible to participate only from that account and email address. An entrant’s participation from an email address other than her or his own, is void. Should there be a dispute regarding the identity of any winner, subject to all other eligibility conditions set out in this Agreement, the winner shall be the person in whose name the email account was opened. To avoid such situations, we will ask you to confirm your email when completing the registration process. 5.2.3 We will also ask you to go through the KYC procedure in the case if you want to buy additional entry credits right before making the payment. The KYC verification process is required to validate your account information such as your name, address, DOB and SSN. Moreover OFAC screening will take place during KYC. Please ensure that your name is entered exactly as it appears on your Driver’s License or Passport and that you are using the most current address where you receive mail today. As long as all the information you provided is correct, we should be able to verify your details online. In some cases, your details may not be validated online. If your information cannot be verified online, you can reach out to Hyperkade Customer Support department for help. Sometimes, to complete the verification process, documents may need to be uploaded securely to us. Hyperkade Customer Support department is available 24/7 to provide verification assistance. 5.2.4 Employees and agents of Hyperkade, its content providers and advertisers, together with members of their immediate families and those living in their households, are ineligible to participate in any form of the competitions or free game of chance promotions. 5.2.5 The competitions, the free game of chance promotion, and Your participation in them are void wherever prohibited or restricted by law. All federal, state and local laws and regulations apply. 5.2.6 The Sponsor reserves the right in its sole discretion to disqualify without notice and to block from participation any participant who fails to comply with any part of this Agreement. 5.2.7 Giving an agreement with Hyperkade Terms of Use & Service Agreement, you acknowledge that in accordance with the mandatory legislation platform is not obligated to provide any refunds for any reason. 5.2.8 Participants will be subject to disqualification and/or blocking for (among other act) (a) misrepresentation of eligibility, (b) attempting in any way to impair the function of the Website or third-party websites to which Hyperkade provides a link or to alter their functioning in any way, (c) utilization of a proxy to circumvent blocking of participation from other than the eligible states listed above, (d) attempting to commit any form of fraud in connection with any competition or free game of chance promotion, (e) failure when requested by Hyperkade to furnish timely (and in any event within thirty days of Hyperkade request) an affidavit or declaration of eligibility in form and substance satisfactory to Hyperkade and that is legally binding in the jurisdiction of the participant’s residence or participation, (f) use of any message boards provided by Hyperkade in a manner that in the sole opinion of Hyperkade is inconsistent with the Hyperkade message board guidelines set out in Terms of Use and Service Agreement, (g) participating in any competition or free game of chance promotion while using multiple email addresses or email accounts, and (h) any other act which in the sole opinion of Hyperkade is inconsistent with the integrity of any competition or game promotion or the Sponsor’s goodwill or reputation. CAUTION - ANY ATTEMPT BY A PARTICIPANT IN THE COMPETITION OR FREE GAME OF CHANCE PROMOTION TO DELIBERATELY DAMAGE THE WEBSITE OR TO SUBVERT, IMPAIR OR COMPROMISE THE LEGITIMATE CONDUCT OF ANY COMPETITION OR GAME PROMOTION MAY BE A VIOLATION OF CRIMINAL OR CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES, INCLUDING AND NOT LIMITED TO ATTORNEY FEES AND COSTS OF COLLECTION, FROM ANY SUCH PARTICIPANT AND TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. “COINS” AND OTHER ENTITLEMENTS TO Hyperkade GAME PLAY, AWARDED PROMOTIONAL PARTICIPATION ENTITLEMENTS, AWARDED PROMOTIONAL PRIZES AND Hyperkade USER ACCOUNTS MAY MOT BE TRANSFERRED PERSON-TO-PERSON OR OTHERWISE. ATTEMPTED TRANSFER OF ANY OF THOSE RIGHTS OR RELATED PROPERTY SHALL BE BLOCKED BY THE Hyperkade SERVICE AND WILL BE THE BASIS OF A TERMINATION OF THE APPLICABLE Hyperkade ACCOUNT OR ACCOUNTS.

6. CHANGED TERMS

Hyperkade reserves the right, at any time and at its sole discretion, by publication on the Website, to change or modify this Agreement and/or the terms and conditions applicable to Your use of the Hyperkade Service, or any part thereof, or to impose new terms, including, and not limited to, adding or increasing fees and charges for use of the no-prize competitions. Except for Section 7 (Arbitration and Class Action Waiver) below, such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which may be given by any means, including, but not limited to, posting a notice on the Website, updating the date of this Agreement above, by electronic or conventional mail, or by any other means by which You obtain notice thereof. You should periodically check this web page for any changes to this Agreement. Any continued use of the Hyperkade Service by Yourself after the posting of any such notice will be deemed to constitute your binding acceptance of any such changes, modifications, additions or deletions. If any modification, change, addition or deletion to this Terms of Use and Service Agreement is not acceptable to You, Your only recourse is to terminate Your Hyperkade user account and by that act terminate the ongoing term hereof, Agreement and thereafter to from using and accessing the Website. Upon that or any termination of Your account or this Agreement, all of its terms and conditions, including (not limited to) shall survive such termination as to all times prior to the termination including among other provisions, sections 1 through 10 hereof, inclusive.

7. BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO A TRIAL BEFORE A JURY. 7.1. Initial Dispute Resolution The Hyperkade Customer Support department is available to address any concerns You may have regarding the Hyperkade Service. Most concerns are quickly resolved in this manner to our customers' satisfaction. The parties shall use their best good-faith efforts to resolve any dispute, claim, question, or disagreement directly through consultation and good-faith discussions. Such good faith discussions shall be a precondition to either party initiating a lawsuit or arbitration. 7.2. Binding Arbitration If the parties (You and Hyperkade ) do not reach an agreed-upon solution within a period of thirty (30) days from the time that Initial Dispute Resolution is first initiated pursuant to the paragraph immediately above, then subject to the arbitration terms set out below, either party (i.e. You or Hyperkade) may initiate binding arbitration as the sole means to formally resolve any disputes. Specifically, all claims arising out of or relating to this Agreement (including its interpretation, formation, performance and breach), the parties' relationship with each other and/or Your use of the Website shall be finally resolved by binding arbitration. The arbitration shall be administered by the American Arbitration Association in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitrations Rules, as appropriate, excluding any rules or procedures governing or permitting class actions. This arbitration provision is made pursuant to a transaction involving interstate commerce. Accordingly, the Federal Arbitration Act (the "FAA") shall apply to the interpretation, applicability, enforceability and formation of this Agreement, notwithstanding the choice of law and forum selection provided for in Section 8, below. The arbitrators, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including without limitation any claim that all or any part of this Agreement is void or voidable, or whether a claim or dispute is subject to arbitration. The arbitrators shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrators’ report and award, including (not limited to) recommendation for equitable relief, shall be binding on the parties and may be entered as a judgment or order in any court of competent jurisdiction. Arbitration shall be initiated in and proceed in Philadelphia County, Pennsylvania. You and Hyperkade agree to submit to the personal jurisdiction of any federal or state court sitting in Philadelphia County, Pennsylvania, in order to compel arbitration, to stay judicial proceedings pending arbitration, to confirm, modify, vacate, or enter judgment on the award entered by the arbitrators and to enforce equitable relief that the arbitrators do not have jurisdiction to award or enforce independently of a court. If in violation of Your agreement to submit to binding arbitration, You should initiate a lawsuit against Hyperkade or any employee, agent or affiliate of Hyperkade, You hereby stipulate that no act of defense of the litigation, no matter how protracted, shall be deemed a waiver of the right to compel binding arbitration, or the right to resolve disputes between You and Hyperkade, by binding arbitration as hereinabove provided. 7.3. Class Action Waiver The parties (You and Hyperkade) further agree that any arbitration and litigation allowed under this section 7 shall be conducted in their respective individual capacities only and not as a class action or other representative action. Accordingly, the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND Hyperkade AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null, void in its entirety, the parties shall be deemed to have not agreed to arbitrate disputes, and the remainder of this Agreement shall survive and remain valid and enforceable. Exception - Litigation Limited to Intellectual Property Infringements and Small Claims Court Claims Not Exceeding $5,000. Notwithstanding the parties' agreement to resolve all disputes through preliminary consultation and thereafter by binding arbitration, either party may bring an action in federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to You by the Hyperkade Service under this Agreement. Either party may also seek relief in a Pennsylvania County small claims court for disputes or claims within the scope of that court's jurisdiction but not exceeding an amount in controversy if five thousand dollars ($5,000.00). 7.4. Changes to This Section 7 Hyperkade will provide 60-days' notice of any changes to this Section. Changes will become effective on the 60th day and will apply prospectively only to any claims arising after the 60th day.

8. JURISDICTION AND APPLICABLE LAW

Interpretation of this Agreement shall be subject to the laws of the State of Pennsylvania, except to the extent that the Pennsylvania conflict of law rules would require application of the law of any jurisdiction other than Pennsylvania. If any court or arbitrator determines that the “Class Action Waiver” paragraph set forth above is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then any and all claims arising out of this Agreement (including interpretation, claims for breach, and all other claims (including consumer protection, unfair competition, and tort claims) shall be decided under federal law to the extent applicable under the Federal Arbitration Act, and otherwise under the laws of Pennsylvania. Hyperkade and You irrevocably consent to the exclusive jurisdiction and venue of state or federal courts sitting in Philadelphia County, Pennsylvania to resolve any claims that are subject to exceptions to the arbitration agreement stipulated under Section 7 of this Agreement or otherwise determined by a court of competent jurisdiction not to be arbitrable.

9. EQUIPMENT

You are responsible for obtaining and maintaining all telephone, computer hardware, computer software and other equipment needed for access to and use of the Hyperkade Service and all charges related thereto.

10. THE Hyperkade SERVICE

We currently provide to our account holders, access to a rich collection of online video entertainment resources, especially tournament competitions. Not now, but in the future, these resources may also include communication and social networking tools, online forums, ladders, leagues, news, reviews, personalized content and branded programming. Certain services are presently provided free of charge. Other services, including participation in competitions, contests and tournaments, are free in that limited right to participate are granted to each account holder each day that the account holder connects to the Website. Additional play in these no-prize entertainment games is offered for sale. The Hyperkade free game of chance promotion may involve an offer of a premium to winners or successful participants. This bundle of free and paid-for content, services, competitions and other benefits is sometimes referred to as the “Hyperkade Service”. To participate in our competitions, You will need to log in, provide certain information and establish a user account with the Hyperkade Service. An inactive user account with the Hyperkade Service is an account in which the user has not logged in for one hundred eighty (180) consecutive days. If Your user account becomes inactive but is not terminated as provided for under section 13 (Termination) of these Terms of Use and Service Agreement, You will be subject to (and obligated to pay) a monthly inactive account fee. We may collect the inactive account fee by debiting any funds that You have on deposit with us. The inactive account fee is $2.00 per calendar month or if applicable, part of a calendar month. We endeavor to make Your experience with the Hyperkade Service a pleasant one. However, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, loss of personalization settings or other service interruptions. Therefore, You agree that the Hyperkade Service are provided on an “AS IS” and “AS AVAILABLE” basis. Hyperkade does not assume responsibility for the timeliness, deletion, non-delivery or failure to store any user data, communications or personalization settings. Hyperkade reserves the right to change or discontinue, temporarily or permanently, the Hyperkade Service at any time. You agree that Hyperkade will not be liable to You or any third party for any modification or discontinuance of the Hyperkade Service at any time for any reason or in the absence of a reason. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by “third parties,” including (among others) information providers, or any user of the Hyperkade Service, are those of their respective source, author(s) or distributor(s) and not of Hyperkade. Hyperkade neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made through the Hyperkade Service and expressly disclaims any and all liability in connection such opinion, advice or statement. Your use of the Hyperkade Service is at Your own risk. The Hyperkade Service may include hyperlinks to other websites or services solely as a convenience to You (“Third-Party Sites”). Hyperkade has no control over Third-Party Sites. Hyperkade does not endorse Third-Party Sites. Hyperkade is not responsible for any Third-Party Sites or the information, advertising, products, services, materials and privacy protection contained on or accessible through any Third-Party Sites. You agree that Hyperkade is not liable for any loss or damage which may be incurred by You as a result of the availability or Your use of any Third-Party Sites or as a result of any reliance placed by You on the completeness, accuracy or existence of any the information, advertising, products, services or materials contained on or accessible through any such Third-Party Sites. Your use of any Third-Party Sites or the services provided by them shall be governed only by such terms between You and such Third-Party sites. Some of the services provided by Hyperkade on the Website may be supported by advertising revenue and may display advertisements and promotions. In consideration of Hyperkade granting to You, access to and use of the Website, You agree that Hyperkade may place advertising and promotions on the Website. You further agree that the manner, mode and extent of advertising and promotions by Hyperkade on the Website are subject to change without specific notice to You.

11. YOUR USE OF THE Hyperkade SERVICE

11.1 You must provide true, accurate, current and complete information about Yourself as requested in the Website’s personal information forms. You must update Your registration data to keep it current and accurate within a reasonable time after any change to that data. 11.2 Each individual user can have only one game account. The rule also applies to inactive accounts. Creating multiple accounts per person, family, home, computer or mobile device, payment system account or bank card is strictly prohibited. If you create a multi-account or attempt to create such an account, all your accounts may be blocked or suspended. Winnings may be voided and the use of the platform services may be subsequently denied. 11.3 The user undertakes to notify the administration that he/she has more than one account, if he/she notices such a fact. The user undertakes not to create a new account if he/she cannot restore the lost access to the existing account, wants to continue the game, while having an inactive account, or intends to make changes to the personal information of the existing account. Instead, the user must contact the platform administration via online chat on the site or email contact@hyperkade.com, submitting a request in order to resolve his/her issue. 11.4 The user is obliged to make purchases only from his bank account or bank card. In case of a violation of this condition, all winnings may be canceled and the amount of the last purchase returned to the original details. Purchases by third parties (friends, relatives or partners) are prohibited. This rule also applies to winnings redeems. In case of violation of this paragraph of the rules, the account may be blocked without the possibility of recovery. 11.5 You must use the Hyperkade Service for only lawful purposes and in compliance with this Agreement. After the original date of this Agreement (i.e. April, 10, 2021) the Hyperkade Service may from time to time include interactive areas or services, such as chat boxes or message boards, in which You or other users may create, post or store content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials on the Hyperkade Service. You are solely responsible for Your use of such interactive services and must use them at Your own risk. 11.6 You must comply with the following Rules of Conduct in connection with Your use of the Website and the Hyperkade Service. Whenever message boards & chat boxes that allow display or transmission of user-supplied content are provided, You must not post, upload, distribute or otherwise transmit through the Website or any of the Hyperkade Service, any content that solicits or pertains to sale or other transfer of any of “Coins,” entitlements to participate in Hyperkade no-prize video games or free game of chance promotions, winnings from Hyperkade free game of chance promotions, or your or another person’s Hyperkade user account. Whenever message boards & chat boxes that allow display or transmission of user-supplied content are provided, You must not post, upload, distribute or otherwise transmit through the Website or any of the Hyperkade Service, any content that may be defamatory, libelous, constitute slander or may be pornographic, indecent, lewd, calculated to disparage, harass or threaten or to promote racism or other forms of hatred, impersonating as to any person or entity, violates the privacy or publicity rights of any person or entity, misrepresents Your affiliation with any person or entity, is fraudulent, is, encourages or constitutes instructions regarding any criminal offense, contains personal identifying information of any person, or infringes upon any copyright, trade mark, trade secret, proprietary right or other intellectual property right of any person or entity. (Music videos, videos and photographs can be an infringement if posted in the absence of written permission of the owner of the rights to them. Don’t post them on the Website or Hyperkade Service unless You have written permission to do so from the owner of the rights). By Your act of posting of any content on the Website or the Hyperkade Service, You warrant and represent to Hyperkade and its members, managers, agents and affiliates that all postings that You make will comply with these rules and that You acknowledge that prohibited postings may expose You not only to being barred from the Website and the Service but also to civil liability to Hyperkade and others, and to exposure to criminal liability. 11.7 The Rules of Conduct in connection with Your use of the Website and the Hyperkade Service also prohibit Your posting, uploading, distribution or other transmission to or through the Website or any Hyperkade Service, of any malware or spyware, or that contain software viruses, corrupted data or other harmful, disruptive or destructive files or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or contain, refer to or comprise advertisement, unsolicited offers, promotional materials, pyramid schemes, bulk mailing of commercial advertising, charity requests, signature petitions, or promotional giveaways, such as sweepstakes, contests and raffles. 11.8 The Rules of Conduct in connection with Your use of the Website and the Hyperkade Service also prohibit (1) removal, circumvention, disabling or damaging and otherwise interfering with security-related features of the Website and the Hyperkade Service, and (2) reverse engineering, disassembly, decompiling and all other activities related to discovery of source code used in connection with the Website and/or the Hyperkade Service or features that limit their use, or other actual or attempted piracy, and (3) actual or attempted modification, adaptation, creation of derivative works (all) based upon the Website or the Hyperkade Service, and (4) the use of any so-called robot, spider, scraper, crawler, or other automated means to access the Website or the Hyperkade Service, or to participate in any competition distributed through the Website or the Hyperkade Service, including (and not limited to) for the purpose of bypassing, disabling or overcoming measures used to prevent or restrict access to the Website or the Hyperkade Service. 11.9 The above are examples of prohibited conduct. They are not intended to be exhaustive. Any conduct by Yourself that, in the sole discretion of Hyperkade , restricts or inhibits any other user from using or enjoying the Hyperkade Service is prohibited. Hyperkade shall have the right, but not the obligation, to monitor the content of the Hyperkade Service, including profiles and forums, to determine compliance with this Agreement and any policies and other operating rules established by Hyperkade and to comply with any law, regulation or authorized government request. Hyperkade will make the sole determination as to what content is acceptable in its sole discretion. Hyperkade shall always have the right (but never the obligation) to edit or remove any content at any time without notice, in its sole discretion. Without limiting any other rights or remedies of Hyperkade , any violation of this Terms of Use and Service may result in removal of the prohibited communications and/or suspension or termination of Your user account and of rights to use and access the Website and the Hyperkade Service. 11.10 You understand that, when using the Website and the Hyperkade Service, You may be exposed to user-supplied content from a variety of sources. Hyperkade is not and shall not be responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any such user-supplied content. You further understand and acknowledge that You may be exposed to content that is inaccurate, offensive, indecent, or objectionable. If You do so, You should not use the Hyperkade Service. Hyperkade does not pre-screen or endorse any third-party or user-supplied content and is not responsible or liable under any circumstances for such content. 11.11 You understand that access to the Hyperkade Service may result in access to other users’ names, screen names, e-mail addresses and other information as set out in the Privacy Policy (“Personal Information”) which is protected by applicable data protection and privacy laws and regulations. You understand, acknowledge and agree that any Personal Information from other users constitute the confidential information of Hyperkade . You agree and promise not at any time to scrape, copy, aggregate, redistribute, alter, reproduce or re-use any user’s personal identifying information accessible through the Website or the Hyperkade Service whether specific to any user or an aggregation of users. 11.12 Hyperkade offers its users the opportunity to participate in certain online competitions, tournaments, and free game of chance promotions, some of which may have prizes for the winners. If You participate in such online competitions, tournaments and free game of chance promotions, You may be required to sign an Affidavit of Eligibility/Publicity and Liability Release and report as taxable income the value of any such prizes received by Yourself. Certain conditions of eligibility to compete in the online competitions, tournaments and free game of chance promotions are set out in Section 5, above. Additional eligibility requirements are disclosed in the Official Rules of the game promotion. You may access the rules of competition in the free-to-play no-prize competitions by clicking HERE. You may access the Official Rules of the Hyperkade free game of chance promotion with prize offers, by clicking HERE. Other rules may be disclosed in connection with each online no-prize competition and tournament. If You do participate in a Hyperkade free game of chance promotion but are ineligible to do so, the offer of a prize award will not apply to You and You will not be allowed to collect any prize. As a condition precedent to collecting a prize for which You are eligible, You may be required to provide information reasonably requested by Hyperkade and (for prize awards of more than $600 as a calendar-annual aggregate irrespective of any purchases to which you may apply your prize award) information that by law Hyperkade requires to enable its preparation and filing of Internal Revenue Service Form 1099-MISC, Hyperkade will if required report the value of the prize to federal and/or state taxing authorities.

12. TRADE MARKS, COPYRIGHT AND OTHER INTELLECTUAL PROPERTY

The Hyperkade Service and Website are owned and operated by Hyperkade. All content, trademarks and other proprietary materials and information on the Hyperkade Service and the Website, are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including laws of Your country of residence) are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including laws of Your country of residence). Such proprietary materials include (as examples, not limitations) Hyperkade logos, the Website visual interfaces, graphics, design, compilation, information, software, computer code (including both source code and object code), services, text, pictures, photos, video, graphics, music, information, data, sound files, other files and the selection and arrangement of all of them, and all other materials (collectively, the “Materials”) are protected as applicable by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Hyperkade (together with its subsidiaries, affiliated companies and third-party licensors) own all rights, title and interest, including, without limitation, all copyrights, in and to any and all Materials contained on the Hyperkade Service and the Website under copyright laws. Hyperkade and/or affiliates of Hyperkade own all rights, title and interest, including, without limitation, all copyrights, in and to any and all Materials contained on the Hyperkade Service and the Website as a collective work under copyright laws and conventions. Hyperkade and affiliates own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. All Materials contained in the Hyperkade Service are the proprietary property of Hyperkade or its subsidiaries or affiliated companies and/or third-party licensors. Hyperkade and the Hyperkade logos, including (not limited to) game titles and artwork associated with game titles, (the “Hyperkade Marks”) are the exclusive property of Hyperkade and or its affiliates and are protected by trade dress and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Hyperkade hereby expressly reserves all rights, including, without limitation, all trademark rights, in and to the Hyperkade Marks. Except as expressly noted in this Agreement, all other trademarks appearing on the Hyperkade Service are the property of Hyperkade , affiliates of Hyperkade, or their respective owners. Unless otherwise agreed in writing by Hyperkade , You agree that nothing in this Agreement gives You a right to use any of the Hyperkade Marks or any the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of Hyperkade or the Hyperkade Service. For the avoidance of doubt, and as a supplementation to the grant of license referred to in section 3 of this Agreement, You are granted only a limited, non-exclusive, terminable, non-sublicensable license (i.e. a personal and limited right) to access and use the Website and the Hyperkade Service for Your own personal use and no other use, provided that You acknowledge and agree that You do not acquire any ownership rights in or to the Website, the Hyperkade Service and/or the Materials or any of them by accessing or otherwise using the Website and/or the Hyperkade Service. This license is subject to this Agreement and does not include any right to do any of the following: (a) any resale, transfer or commercial use of the Hyperkade Service or the Materials (or any of the Materials); (b) the distribution, public performance or public display of any Materials; (c) modifying, publishing, transmitting, participating in the transfer or sale of, creating or otherwise making any derivative uses of the Hyperkade Service or the Materials, or any portion of them, or in any other way exploiting any of any of the Materials, in whole or in part; (d) using any data mining, robots or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the Hyperkade Service, the Materials or any information contained in them, except as expressly permitted on the Hyperkade Service; or (f) any use of the Hyperkade Service or the Materials except for their intended purposes. Except as otherwise permitted as “fair use” under United States copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of the Materials will be permitted without the express written permission of Hyperkade together with any other copyright owner, if applicable. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Any use of the Hyperkade Service or the Materials except as specifically authorized in this Agreement, without the prior written permission of Hyperkade, is strictly prohibited. Any failure by Yourself, solely or in combination with others to comply with them may have legal consequences which may include violating applicable laws, including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated in this Agreement, nothing in this Agreement shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles. The license granted to You under this Agreement may be terminated by Hyperkade at any time, in its sole discretion. All rights not expressly granted in this Agreement are hereby expressly reserved by Hyperkade.

13. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

USE OF ANY OF THE WEBSITE, Hyperkade SERVICE, ANY PRODUCT, ANY SERVICE AND ANY INFORMATION, CONTENT OR MATERIALS CONTAINED IN THE WEBSITE AND/OR THE Hyperkade SERVICE IS AT YOUR SOLE RISK. NEITHER Hyperkade, Hyperkade’S AFFILIATED COMPANIES, Hyperkade’S NON-AFFILIATED PARTNERS, AGENTS AND CONTRACTORS, NOR ANY OF THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, SPONSORS OR LICENSORS (COLLECTIVELY THE “Hyperkade PARTIES”) WARRANT THAT THE Hyperkade SERVICE, ANY PRODUCT OR SERVICE, OR ANY INFORMATION, CONTENT OR MATERIALS CONTAINED IN ANY OF THEM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE AND/OR THE Hyperkade SERVICE, OR OF ANY PRODUCT, SERVICE, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR ACCESSED THROUGH ANY OF THEM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE OR SERVICE (INCLUDING ENTERTAINMENT SERVICE) PROVIDED OR PURCHASED THROUGH THE WEBSITE AND/OR THE Hyperkade SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY YOURSELF THROUGH THE WEBSITE OR THE Hyperkade SERVICE IS DONE AT YOUR OWN SOLE DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR POTENTIAL DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACQUISITION OF ANY SUCH MATERIAL. Hyperkade DOES NOT GUARANTEE THAT ANY PARTICULAR Hyperkade SERVICE, ANY PRODUCT AND ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN WILL BE AVAILABLE AT ALL TIMES OR AT ANY GIVEN TIME OR THAT Hyperkade WILL CONTINUE TO OFFER THE SAME FOR ANY PARTICULAR LENGTH OF TIME. Hyperkade MAKES NO WARRANTY OR REPRESENTATION REGARDING THE AVAILABILITY OF ONLINE PRODUCT OR SERVICE FEATURES. Hyperkade RESERVES THE RIGHT TO MODIFY OR DISCONTINUE ONLINE PRODUCT AND SERVICE FEATURES IN ITS SOLE DISCRETION WITHOUT NOTICE, INCLUDING FOR EXAMPLE (AND NOT FOR LIMITATION), CEASING AN ONLINE SERVICE FOR ECONOMIC REASONS DUE TO A LIMITED NUMBER OF USERS CONTINUING TO MAKE USE OF THE ONLINE SERVICE OVER TIME. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, THE Hyperkade SERVICE, AND ANY PRODUCT AND ANY INFORMATION, CONTENT, SERVICE OR MATERIALS CONTAINED IN EITHER OF THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITHOUT WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE BY STATUTE, NON-WAIVABLE AND ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE Hyperkade PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE WEBSITE AND THE Hyperkade SERVICE, AND AS TO ANY PRODUCT, ANY SERVICE, AND ANY INFORMATION, CONTENT OR MATERIALS CONTAINED IN THE WEBSITE OR THE Hyperkade SERVICE. Hyperkade DOES NOT REPRESENT OR WARRANT THAT THE Hyperkade SERVICE, ANY PRODUCT OR SERVICE, OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACCORDINGLY, YOU SHOULD USE AND EXCLUSIVELY RELY UPON INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD AND TO OTHERWISE PROTECT YOUR DATA AND COMPUTER SYSTEM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOURSELF FROM Hyperkade OR THROUGH THE Hyperkade SERVICE OR ANY PRODUCT WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 13, THE TERM “Hyperkade” INCLUDES THE “Hyperkade PARTIES”.

14. NOTICES

Hyperkade may provide You with notice by any means, including (without limitation) via email, text message, voice mail, postings on the Website and Hyperkade Service, including among other means, by changing the revision date that is displayed under the heading of this Agreement. Notices emailed to You will be deemed given and received when the email is sent. If You don’t consent to receive notices electronically, You must stop using the Hyperkade Service. A notice that we give is deemed given even if it is intercepted by Your spam filter and not actually read. Except for notices to unsubscribe, given in accordance with section 15 (“Indemnification,” below), except for notices given pursuant to Section 18 (Copyright Complaints) and Section 19 (“Other Provisions,” also below), all notices to Hyperkade shall be in hard-copy writing and shall be deemed sent, delivered and served only by United States Postal Service, Federal Express or United Parcel Service addressed to HyperKade, LLC, (U.S.A.). Notices sent to Hyperkade pursuant to any section of this Agreement shall be deemed duly served and effective only on actual receipt by Hyperkade . Please refer to our Privacy Policy and our Official Rules of the free game of chance promotion for information regarding Your prerogative under the Federal “Can Spam” Act to opt out of any program to send You information and solicitations by email and under regulations of the Federal Communications Commission to opt out of solicitations by voice telephone communication and text message.

15. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Hyperkade and the Hyperkade Parties (identified by classification above, at section 7) and their respective suppliers, licensors and partners from and against any and all claims, losses, damages, liabilities and expenses, including legal fees and expenses, resulting from or arising out of: (a) any violation of this Agreement; (b) any negligent or wrongful conduct; (c) Your use, misuse and/or access of the Hyperkade Service; (d) a violation by Yourself of any applicable law; (e) any content which You post, store or otherwise transmit in or through the Hyperkade Service; and/or (f) Your violation of the rights of any third party; and any breach of the representations, warranties, and covenants that you have made in this Agreement. Hyperkade reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify the Hyperkade Parties or any of them. You agree to cooperate with defense of these claims by Hyperkade Parties, at Your sole cost and expense.

16. TERMINATION

16.1. Voluntary closure of your Hyperkade user account You may unsubscribe and close your Hyperkade user account at any time by sending an unsubscribe request to us at contact@hyperkade.com. Hyperkade will process Your request within a reasonable time after receipt. 16.2. Latency Fees Upon Inactive Hyperkade User Accounts An inactive user account with the Hyperkade Service is an account in which the user has not logged in for one hundred eighty (180) consecutive days. Hyperkade shall have the unlimited right but not the obligation to terminate Your account at any time while it is an inactive account. In so doing, termination shall apply to terminate Your license. Unused account balances and passwords (all) without notice to You. 16.3. Termination for the Hyperkade User’s Breach of this Agreement Among other rights of Hyperkade, it reserves the right to terminate without notice and at the sole disctrtion of Hyperkade, Your license to use the Hyperkade Service and Your accounts and passwords to the Hyperkade Service and to block or prevent Your future access to and use of the Hyperkade Service for any reason (or without a reason). Some reasons for termination can be: (1) You are in violation of any provision of this Agreement, (2) You have acted in a manner which clearly shows that You do not intend to (or are unable to) comply with the provisions of this Agreement, (3) Hyperkade is required by applicable law, and (4) Hyperkade is no longer providing the Hyperkade Service to users in the state or other jurisdiction in which You are a resident or from which You use the Hyperkade Service. The foregoing termination prerogative includes Hyperkade termination or to suspension of Your access to any purchased products or services. The introductory paragraphs and all sections of this Agreement that set out the rights of Hyperkade and limitations of Your rights shalll survive any termination of Your access to the Website.

17. EXPECTATION OF PRIVACY

Communications made using the Hyperkade Service shall not be considered private. Other than Your Personal Identifying Information protected under the Hyperkade Privacy Policy (see the preamble to this Agreement and sections 11, 12 and 14, above) You acknowledge and agree that You have no expectation of privacy concerning the transmission of any communications, including without limitation chat text or voice communications. Because voice, chat and other communications (if at any time available via the Hyperkade Service) may be viewed and/or heard by other users, You should avoid revealing any personally identifiable information by Your use of such communication means.

18. COPYRIGHT COMPLAINTS

Hyperkade respects the intellectual property of others. Accordingly, we ask our users to do the same. If You believe that Your work of authorship has been copied in a way that constitutes copyright infringement, or that Your intellectual property rights have been otherwise violated, You must notify Hyperkade of Your infringement allegation in accordance with the procedure below. As set forth in our Copyright Complaints policy, Hyperkade will process and investigate notices of alleged infringement and will take appropriate actions under the United States Digital Millennium Copyright Act (the "DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. 18.1. Notice of Take-Down Request A notification of alleged copyright infringement is effective only when emailed to the Hyperkade Copyright Agent at: contact@hyperkade.com with the email subject line : "DMCA Takedown Request". You may also send Your takedown request by United States Postal Service, Federal Express or United Parcel Service to: HyperKade, LLC (Attention: DMCA Takedown Request) (U.S.A.). To be effective, the notification must be in writing and contain the following information: (1) An electronic or manual signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest regarding which the allegation is made; (2) A description of the copyrighted work or other intellectual property that You claim has been infringed: (3) A description of where the material that You allege is infringing is located on the Website, with enough detail that Hyperkade may find it on the Website; (4) Your physical mailing address, telephone number and email address; (5) A statement by Yourself that You have a good-faith belief that the disputed use is not authorized by the copyright owner or intellectual property owner, its agent, or the law; (6) A statement or declaration by Yourself, made under penalty of perjury, that the above information in Your Notice is accurate and that You are or represent the copyright owner or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf. 18.2. Counter-Notice If You believe that Your User Content that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content on the Website, You may send a written counter-notice containing the following information to the Copyright agent: (1) Your physical or electronic signature; (2) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (3) A statement that You have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content; and (4) Your name, physical address, telephone number, and email address, a statement that You consent to the jurisdiction of the federal court sitting in Philadelphia County, pennsylvania, U.S.A. and a statement that You will accept service of process of that court upon the suit of the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, HyperKade, LLC will send a copy of the counter-notice to the original complaining party informing that person that Hyperkade may replace the removed content or cease disabling it in ten (10) business days. Unless the complaining alleged copyright owner files an action in the Federal District Court sitting in Philadelphia County, Pennsylvania (U.S.A.) seeking a court order against the content provider, the removed content may be replaced, or access to it restored, in fourteen (14) days or more after receipt by Hyperkade of the counter-notice, at the sole discretion of Hyperkade. 18.3. Repeat Infringer Policy In accordance with the DMCA and other applicable law, Hyperkade has adopted a policy of terminating, in appropriate circumstances and at the sole discretion of Hyperkade, the account and access to the Website of users who are deemed to be repeat infringers. Hyperkade may also at its sole discretion limit access to the Website and terminate the participation of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
  1. OTHER PROVISIONS
Warranty: Review of this Agreement You warrant, represent, acknowledge and agree that You have and understand this Agreement, including, without limitation, all other provisions displayed on the Website and applicable to use of the Website and the Hyperkade Service. This includes and is not limited to, any supplemental terms that govern contests, competitions and tournaments offered in connection with the Website, the free game of chance promotion conducted on the Website and the use of certain specific material contained on the Website. This also includes the Hyperkade Privacy Policy. Together, these provisions are the entire agreement between Yourself and Hyperkade . These provisions supersede any previous written or oral agreements between these parties with respect to general and specific subject matter of this Agreement. Restriction on Transfer or Assignment of this Agreement Applicable Only to Yourself This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by Yourself. Any attempted or purported assignment or transfer by yourself shall for all purposes be null and void. However, Hyperkade may hypothecate, sell, assign or transfer this Agreement or any part of or interest in this Agreement without restriction or notice. Severability of Provisions adjudicated to be Unenforceable or Void All provisions of this Agreement will be deemed severable: any unenforceability of any one or more provisions will not affect the enforceability of any other provisions or of this Agreement as a whole. In addition, if any provision of this Agreement, for any reason, is declared to be unenforceable, the parties to this Agreement shall substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of those parties. Nonwaiver; Hyperkade Rights Cumulative Any failure by Hyperkade to partially or fully exercise any rights under this Agreement, and any waiver by Hyperkade of any breach of this Agreement by Yourself, shall not prevent a subsequent exercise of such right by Hyperkade or be deemed a waiver by Hyperkade of any subsequent breach by Yourself of the same or any other term of this Agreement. The rights and remedies of Hyperkade under this Agreement shall be cumulative. The exercise of any such right or remedy shall not limit the right of Hyperkade to exercise any other right or remedy.

20. PRIVACY POLICY

20.1. YOUR PRIVACY RIGHTS We respect the right to privacy and the importance of protecting information collected about every person who accesses our Website. This includes your "right to be forgotten" if that’s your choice. We have adopted a Website-wide, nation-wide privacy policy regarding the personal-identifying information that is collected in the course of operating our Website. The personal-identifying information involved is any information that identifies, relates to, describes, or is capable of being associated with, a particular natural person. This includes name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, and any other financial information, medical information, or health insurance information, and as well the IP address, operating system, browser type, hardware model and version type of the equipment that you use to connect to the Website. (An IP address is a number which identifies a specific device on the Internet and is required to enable Your device to communicate with websites). In summary, personal-identifying information is information which identifies a person who accesses our Website and may be used to contact the person. (Personal-identifying information does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records or is in the public domain and comes from a source other than information supplied to our website by the person involved). This policy guides how we will store and use the personal-identifying information which people provide when accessing our website. We collect personal-identifying information from you when you register on the Website, to participate in our free prize promotions and no-prize contests, to establish a Hyperkade Service account , to win a prize due to your participation in a contest or prize promotion, to respond to a survey, to purchase any product or service through use our Website, claim a prize won by your participation on one of our prize promotions, or (if there are message boards or chat rooms) to place content on any message boards made available on our Website. We will use the personal-identifying information that we collect: (1) to administer the contests, tournaments, prize promotions and other advertising and promotional activities that we conduct from time to time (including prize notifications and prize deliveries), and (2) to make reports and submissions to governmental agencies and branches, as required or permitted by law, and (3) to compile market and statistical reports based on aggregated information (but the reports do not contain personal identifying information), and (4) to allow us to better respond to the individual needs and preferences of people who access our website, and (5) to invite you to participate in surveys, sweepstakes, contests, competitions, tournaments and other promotions, and (6) for data analysis, audits, developing new products and services, identifying usage trends and determining the effectiveness of our promotional campaigns, and (7) to enable us to pay royalties to third-party content providers, and (8) to process transactions, including (not limited to) fulfillment of prize awards, and product and service purchases. We may send email, text message and voice telephone announcements of upcoming features, change or addition of content or rules, contests and prize promotions and information about products, features and events that we believe you may be interested in. You can opt out of these communication programs by notifying our Privacy Policy Administrator identified below, to desist from initiating these communications. We may share your personal-identifying information only with trusted third parties who have contractually committed to protect your personal-identifying information in the same way that we do and who assist us in operating our Website, conducting our business, conducting our contests, tournaments and prize promotions, preparing market and statistical reports, and conducting other contests or promotions or providing services to you, so long as those parties agree by enforceable contract to keep this information confidential. From time to time we may also share in confidence documented by contractual undertaking, customer lists compiled upon the basis of information we have collected, to businesses and charitable entities that post content or advertise on the Hyperkade Website; but this sharing is also subject to contractual commitments regarding your privacy, that obligate the affected third parties to store personal-identifying information securely and to use and store the information only for purposes and in a manner that is not inconsistent with our privacy policy. Sometimes, at our discretion, we may include or offer links to third-party websites. These third-party sites have separate and independent privacy policies. Therefore, we have no responsibility or liability for the content or activities of these linked sites. By participating in our contests, tournaments and prize promotions we deem you to have consented to our sending to you such announcements, via email and to our sharing information that we collect, as disclosed in this our privacy policy. However, you can opt out and revoke your consent at any time by writing to our Privacy Policy Administrator in hard-copy form sent through the mail or by express courier to Privacy Policy Administrator, HyperKade, LLC, (United States of America). To safeguard the confidentiality of personal-identifying information that we collect, we implement password protection and a variety of security measures to maintain the safety of your personal-identifying information when you enter, submit or access your personal information. We use a secure server to protect your personal-identifying information and to prevent unauthorized access and disclosure. All supplied personal-identifying information is transmitted via Secure Socket Layer technology and then encrypted into our database only to be accessible by those who are authorized with special access rights to such systems and who are required to keep the personal-identifying information confidential. Although we are diligent to protect your personal-identifying information and privacy, we do not promise (nor should you expect) that your personal-identifying information or private communications will always remain private. After a transaction, your private payment information may not be stored on our servers. We will retain personal-identifying information, including information from closed accounts, to comply with law, prevent fraud, collect any money owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce the "official rules" of our prize promotions, prepare marketing and demographic studies and statistical reports, and to take any necessary or appropriate actions permitted by law. Please be aware that it is technologically impossible to remove from our servers, every record or information that you provide to us. The need for backup means that a copy of your personal information may exist in non-erasable form. You have “the right to be forgotten.” If you request removal of your personal information from our database, we will take all reasonable steps to comply with your request. Any person who requests such removal or who has questions or comments about our privacy policy or our collection, safeguarding and use of protected Participant personal information may present the inquiry by writing in the form of signed hard copy to: Privacy Policy Administrator, HyperKade, LLC, HyperKade, LLC, (United States of America). The rules of our contests, tournaments and prize promotions provide that children under eighteen (18) years of age are ineligible to participate or to win prizes. CHILDREN UNDER AGE 18 MUST NEVER SUPPLY THEIR NAMES OR OTHER PERSONAL-IDENTIFYING INFORMATION WITHOUT THEIR PARENTS’ WRITTEN PERMISSION. No information should be provided to us by or regarding children younger than thirteen years of age without documented parental consent. If for any reason any person is concerned about a child’s personal identifying information having been supplied, such person should contact the Privacy Policy Administrator by writing to the address set out above. In response to the inquiry the Privacy Policy Administrator will review and remove the child’s information as appropriate. In any event we do not knowingly record or disclose personal-identifying information about children younger than thirteen years of age. When you access the Website from your personal computer or mobile device we may install on your device a small text file that enables us to recognize your browser through your Hyperkade Service user account. Most websites typically use the following:
  • "Session cookies" that are temptoary and are deleted when you close your browser;
  • "Persistent cookies" that remain until you delete them or they expire;
  • "Web beacons" that are electronic images also known as single-pixel glifs.
We install a session cookie that expires when you log off your session or if you don’t log off, then two weeks after installed. We do not otherwise install persistent cookies, web beacons or glifs. In general, cookies, web beacons, glifs and similar technologies do not contain personally identifiable information. However, when you furnish personal information through the Website, this information may be linked to the non-personally identifiable information stored in cookies sent to your browser from the Website. Many browsers allow the user to block the installation of cookies. If you block cookies, you may not be able to make full use of the Website. Hyperkade is not responsible for so-called cookies, web beacons or glifs installed by your accessing any website other than our Website (a "third-party website”) even if the third-party website is accessed by a link through our Website. You should review the third party site’s privacy policy. Rather, inclusion in our Website of any link to a third-party website does not imply our endorsement of the third-party website or its content or the third-party privacy policy.  
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