Terms of Services

Revised as of【December 19, 2024】

Please read these Terms of Services (these "Terms", including our Privacy Policy) carefully before participating in our Competitions or using our Software or Services, as they contain important information and constitute a legal agreement between you and us.

IMPORTANT REMINDERS:

1. To register an Account, participate in the Competitions, receive the Services and/or download the Software, players shall satisfy the eligibility requirements under the Section 1.1, e.g. the user must be a natural person who has reached the legal age of majority in the jurisdiction in which he/she is physically located. If you do not meet the requirements under the Section 1.1, please immediately stop using the Services and Software and partcipating in the Competitions.

2. Any claim or dispute arising out of or related to these Terms or using the Services or Software shall be resolved in accordance with the Section 14, which includes a binding arbitration clause and a class action waiver provision, which waives your rights to sue in the court and to join a class action. Please refer to the Section 14 for more detailed information.

Introduction

Welcome to Quantum Starship Studios ("Company", "we", "us" or "our") — the community of online competition games. We hope you ("user", "player", "you" or "your") will enjoy being a member of our large community by participating in games, tournaments, contests and competitions (collectively the "Competitions") via applications, websites and other platforms (collectively the "Software") designed, developed and maintained by us and using the functions, features, contents and services offered by us via the Software (collectively the "Services").

By downloading, installing or accessing any Software, using any Services, participating in any Competitions, registering for an account with us (the "Account"), or clicking to accept or agree to these Terms, you hereby: (i) acknowledge that you have read these Terms and our Privacy Policy and fully understand the rights, obligations, terms and conditions set forth herein and therein; (ii) accept and agree to be bound and abide by these Terms and our Privacy Policy, in particular, the obligations included within each Competition in which you participate; (iii) have legal capacity to and are able to accept these Terms. If you do not wish to be bound by these Terms and our Privacy Policy, please do not click to accept or agree to these Terms and do not register an Account and do not use the Services. If you reject to be bound by these Terms, you will not be permitted to participate in the Competitions or use the Softewares, Services or your Account.

These Terms may be amended, modified and changed by us from time to time in our sole discretion and the latest version will be posted at https://quantumstarship.com/tos.html. Your continued participation in the Competitions or use of the Software or Services after the revised Terms have been posted constitutes your acceptance of and agreement to be bound by the revised Terms. You are responsible for reviewing these Terms for any changes, so please check back here from time to time.

1. GENERAL TERMS

1.1 Eligibility

· United States (U.S.). To be eligible to register an Account, to participate in the Competitions, to receive the Services, and/or to download the Software, you must: (i) be a natural person who has reached the legal age of majority in the state in which you are physically located; (ii) own an e-mail address submitted when registering your Account; (iii) be physically located in a U.S. state in which use of the Services and/or participation in the Competitions that you select is unrestricted and not prohibited by that state’s laws when accessing your Account and participating in the Competitions; (iv) be legally and financially responsible for all actions using our Services and Software, including any action of anyone you allow to access your Account; and (v) have the power to enter into a legal document with us and will at all times abide by these Terms. If any one of these requirements is not met at any time, we may suspend or close your Account with or without notice.

· Non-U.S.. To be eligible to register an Account, to participate in the Competitions, to receive the Services, and/or to download the Software, you must: (i) be a natural person who has reached the legal age of majority in the jurisdiction in which you are physically located; (ii) own an e-mail address submitted when registering your Account; (iii) be physically located in a jurisdiction in which use of the Services and/or participation in the Competitions that you select is unrestricted and not prohibited by that jurisdiction’s laws when accessing your Account and participating in the Competitions; (iv) be legally and financially responsible for all actions using our Services and Software, including any action of anyone you allow to access your Account; and (v) have the power to enter into a legal document with us and will at all times abide by these Terms. If any one of these requirements is not met at any time, we may suspend or close your Account with or without notice.

1.2 Employee Policy

Our employees, officers and directors, and employees, officers, directors of our subsidiaries, affiliates and related companies may use the Services and/or Software for the purpose of testing the user experience, but may not withdraw any money.

1.3 Registration

To use certain parts of the Services or participate in certian Competitions, you will be required to create an Account and to provide personal information as part of the registration or login process, such as your email address and geolocation. The username and password are also needed to use the Services. When or after registration, you may create or change a username or accept a username given by the Software. You may also have the option to add a profile image. Your username and profile image (if any) will be visible to other users.

In certain instances, for anti-fraud and anti-laundarying purpose, you will be required to complete identity verification procedures. In such case, we may require and collect your first name and last name, birthdate, phone number, physical address and government-issued ID (e.g., passport number, driver‘s license number, social security number or ITIN). You may also be required to take a selfie with your government-issued ID, which our service providers may analyze to ensure your facial image matches the photo in your government-issued ID. If you consent to our collection of such information, you agree that we may collect your image, including your image on your government-issued ID, and your such information may be shared with our service providers who may perform a scan of your facial geometry to provide identity verification services to us.

You represent and warrant that all the information you provide to us is true, accurate, legal, valid and complete, and further represent and warrant that you will promptly provide updated information to us if any of this information changes. We retain the right at any time to investigate your Account and the information provided pursuant to registration. When deemed necessary, we will request copies of certain documents of the Account holder, including proof of address such as the utility bills or bank statements, and proof of your payment method. If you submit any incomplete or inaccurate information, or fail to update and maintain up-to-date, complete and accurate information, or fail to provide copies of the documents requested to verify your Account, or we are unable to verify your Account, we reserve the right, at our sole discretion, to terminate your Account without notice or liability and to withhold any funds in your Account.

1.4 Your Account

You are the sole beneficiary of all benefits arising from your Account and are responsible for all activities that occur under your Account with or without your knowledge, including any unauthorized charges, deposits or withdrawals. We are entitled to assume that offers and payments made through your Account are made by you. You may not allow any other person to (i) access your Account; (ii) access the Services or Software through your Account; or (iii) accept or use prizes and winnings (collectively the "Winnings"). Neither your Account nor Winnings are transferable to any other person or Account.

We urge you to keep your password confidential and refrain from sharing it with others. You undertake to protect your password in the same way that you would protect your password or other access details to your online banking system and any failure to do so shall be at your sole risk and expense. Although we or other third parties may offer a feature that allows you to “save” or “remember” your password, this feature makes it possible for other person(s) to access your Account, so please use that feature prudently because such use is at your own risk.

If you find any unauthorized use of your password or identification, or any breach or threatened breach of the security of your Account or the Software, you shall immediately notify us.

In order to encourage users to succeed in our Software, we may publish data relating to the most successful users in the games as well as winners of competitions that require an entry fee paid in U.S. Dollars (“Cash Competitions”) in our sole discretion and as required by law. Publishing data relating to the most successful users will vary according to categories of users and statistics. We may publish such statistics pertaining to successful users.

1.5 Location

In order to verify your Eligibility and as a part of the Services, we will collect location information from your device on which the Software is installed ("Device"). You can disable this access via the settings within the Device. In such case, however, you will be unable to use our Services or Software or participate in the Competitions.

2. SERVICES AND SOFTWARE

2.1 The Services

We may, with or without notice to you: (1) modify, suspend or terminate your access to the Services and/or Software for any reason without liability; and (2) interrupt the operation of the Services and/or Software as necessary to perform maintenance, error correction or other work. We may suspend, terminate or disable any username, password, Account or your access to any portion of the Services or Software at any time in our sole discretion without notice and liability if they are in violation of or will violate these Terms. Without limiting our other rights or remedies, if we reasonably believe you have violated these Terms or if you have violated these Terms, we may determine that your Winnings (if any) will be forfeited, disgorged, or recouped.

2.2 The Software

If you want to participate in the Competitions or use the Services, you will be required to first download certain Software first. If you do not download the Software, you will not be able to participate in the Competitions or use relevant Services. Whether you download the Software directly or from a third party platform, your use of the Software is subject to these Terms.

We may choose to offer technical support for the Software from time to time in our discretion. Also, if and when we update the Software or deploy patches, updates and modifications to the Software, as applicable, we may do so through remote access of your Device. You hereby consent to these activities. You acknowledge that if we cannot remotely access your Device, then the Software may no longer work, and this may prevent you from participating in the Competitions or otherwise using the Services. Our access to your Device will be limited solely to: (i) providing support, (ii) updating the Software, or (iii) determining your location for skill-gaming regulatory purposes only, and is governed by the terms of our Privacy Policy.

For any Software that is identified by us as a beta version ("Beta Software"), you acknowledge and agree that a Beta Software may contain more or fewer features than the final version of the Software, may not be suitable for production use, and may contain errors affecting proper operation and functionality. We reserve the right, in our sole discretion, not to release a final version of the Beta Software or to alter its features, specifications, capabilities, functionalities, licensing terms, general availability or other characteristics.

2.3 Third Party Sites

The Services or Software may provide links to third-party websites, applications, services, offerings, products or other activities (the "Third-Party Services") that are not owned or controlled by us. These links are provided as a convenience to you and do not signify that we endorse or are liable in any way for the contents, products, services or materials displayed or offered by such Third-Party Services. We take no responsibility for the accuracy, reliability, safety, security or privacy of any Third-Party Services. Your use of such Third-Party Services is made at your own risk and shall be subject to third parties' terms of services, not to these Terms. You acknowledge that we has no direct or indirect liability for your use of Third-Party Services. Any problems or complaints that you may have with regard to such Third-Party Services should be directed to such third parties.

If you have downloaded the Software from a third party platform (such as Apple and "Third Party Platform"), you acknowledge that these Terms are between you and us only, not with the Third Party Platform, and the Third Party Platform is not responsible for the Services, Software and/or Competitions provided by us.

3. COMPLIANCE WITH LAWS

Your participation in the Competitions is governed by applicable laws, regulations and rules of the city, municipality, state, country, territory or jurisdiction where you reside and access the Software (including U.S. and other countries) ("Applicable Laws"). You shall be subject to and comply with all Applicable Laws, and acknowledge that participating in the Competitions or using the Softwares or Services may be illeagl in certian jurisdiction ("Prohibited Jurisdiction"). SERVICES AND COMPETITIONS ARE VOID WHERE PROHIBITED OR RESTRICTED BY THE APPLICABLE LAWS. If you are located in the Prohibited Jurisdictions, you may not participate in the Competitions or using the Softwares or Services. We DO NOT make or authorize any third party to make, and ARE NOT able to make any representations or warranties, expressly or impliedly, with respect to the legality of your access to the Software or using the Services or participating in the Competitions.

We may require you to provide us with proof that you are eligible to access the Software or using the Services or participating in the Competitions. We are entitled to monitor the location where you access the Software and, at our sole discretion, may refuse or block your access to the Software if: (i) you are located in a Prohibited Juridication; (ii) you utilize proxy servers or any other method in order to conceal your true location; or (iii) we cannot accurately verify your location.

In the United States, the Prohibited Jurisdictions, as of the revised date above, include: Arizona, Arkansas, Connecticut, Delaware, Louisiana, Montana, South Carolina, South Dakota and Tennessee.

Without prejudice to any rights or remedies available to us, if you register an Account or participate in any Competition or use any Software or Services in a Prohibited Jurisdiction, we may also, at our sole discretion, (i) terminate or suspend your Account, (ii) void all Winnings and game credits in your Account (if any), or (iii) recoup the Winnings in the event such Winnings have been withdrawn by you.

It is your responsibility to determine whether the place in which you are located is a Prohibited Jurisdiction. Your participation in the Competitions is at your own risk, and you agree not to hold us responsible or liable if Applicable Laws restrict or prohibit your access or participation.

4. REPRESENTATIONS AND WARRANTIES

You represent and warrant to us that (1) you have the right, authority, and capacity to agree to these Terms and are bound by these Terms; (2) you are eligible to register an Account, to use the Software or Services and to participate in the Competitions ; (3) you will comply with these Terms and Applicabel Laws when accessing your Account, participating in the Competitions and/or using the Services or Software; (4) all information you provide to us is complete, accurate and current; (5) the Account created by you or your use of the Services or Software is for personal entertainment purposes only; and (6) you will not engage in any activity that interrupts or attempts to interrupt the Competitions or the operation of the Services or Software.

5. INDEMNIFICATION

You agree to, at your own cost and expense, be liable and indemnify and hold us and our affiliates, contractors, suppliers, partners, agents as well as their directors, offices, employees, successors and assigns (including ours) harmless from and against any and all claims, disputes, liabilities, judgments, settlements, actions, debts or rights of action, losses of whatever kind, and all costs and fees, including reasonable attorneys’ fees, arising out of or relating to (i) your breach of these Terms; (ii) your violation of the Applicable Laws; (iii) your violation of any third-party right, including, without limitation, any right of privacy, publicity rights or intellectual property rights; (iv) any claims or damages made by any third party that arise as a result of your use of the Software or Services;(v) any use of your Account by any person, whether authorized by you or not; and/or (vi) your negligence or misconduct.

Upon our written request, you shall, at your cost and expense, defend us from any of the foregoing using counsel reasonably acceptable to us. Without limiting the foregoing, you will cooperate as fully and as reasonably required in our defense of any claim. We reserve the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any such matter without our written consent.

6. USE POLICY

6.1 Rules of Conduct

When using our Services or Software, you shall conduct yourself in a lawful and respectful manner in accordance with our rules of conduct below：

· Do not violate any laws, regulations and rules as well as these Terms.

· Do not participate in the Competitions or use the Software or Services in the Prohibited Jurisdictions.

· Do not interfere with or disrupt the Services or another player's use of any Services or any server or network used to support or provide the Services, including any hacking or cracking into the Services.

· Do not share personal information (such as your name, phone number, home address and password) with other users, or attempt to obtain or phish for other users' private personal information, or impersonate other users.

· Do not attempt to participate in any Competition by means of automatic, macro, programmed or similar methods (such as robot and spider), or use exploits, cheats, undocumented features, design errors or problems in the Services or Software.

· Do not make any use of the Software or Services for the benefit of a business, or sell, buy, trade or otherwise transfer or offer to transfer the Software, your Account or any personal access to the Services either within the Software or on a third party website.

· Create a peaceful, fair and respectful gaming environment. Therefore, profanity, obscenities, fraud, or the use of asterisks or other “masking” characters to disguise such words, or using or uploading cheating, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening, harassing, defamatory, infringing, privacy-invasive, vulgar, offensive, inappropriate, abusive, hateful, indecent and/or unlawful language or content, is not permitted.

· Do not engage in or assist others to engage in any conduct that could damage or impair our property, which may include, without limitation: (a) copying, distributing, transmitting, displaying, performing, framing, linking, hosting, caching, reproducing, publishing, licensing, modifying or creating derivative works from any information, Software or Services obtained from us, except the rights we grant you under the Section 9.2; (b) providing unauthorized means through which others may use the Services such as through server emulators; (c) taking actions that impose an unreasonable or disproportionately large load on network infrastructure, or that could damage, disable, overburden or impair our Software or Services; (d) reverse engineering, decompiling and disassembling the Software; and (e) removing or modifying any proprietary notices, marks, or labels contained on or within the Software.

· Do not expose, capture, retain, aggregate, store, copy, market, modify, reverse engineer, decompile, disassemble, exploit or otherwise attempt to discover the data involved in the Services.

· Do not use the Software in connection with an agreement with other individuals to wager any money or other thing of value;

· Do not make the Services available to any third parties or use the Services on behalf of any third parties (including through file sharing, hosting, application services provider, service bureau, or any other type of service).

· Do not use or install the Software (or permit others to do the same) on more than one device at the same time.

· Do not copy the Software onto a hard drive or other storage device in order to bypass the requirement to run the Software from the included CD-ROM or DVD-ROM (this prohibition does not apply to copies in whole or in part that may be made by the Software itself during installation in order to run more efficiently).

· Comply with all export and re-export restrictions and regulations of the Department of Commerce or other United States agency or authority, and do not transport, export, or re-export (directly or indirectly) the Services or Softwares into any country forbidden to receive the Services or Software by any U.S. export laws or regulations or U.S. economic sanctions or other applicable laws.

If you or someone using your Account violates these rules and fails to remedy this violation after a warning, we may take action against you, including revoking access to certain or all of our Services, terminating your Account, temporarily or permanently, and determining that your Winnings, if any, will be forfeited, disgorged or recouped by us. In case of severe violations at our sole discretion, we may take these actions without a prior warning.

6.2 Your Content

The Software may allow you to create, use or upload information, picture, materials or content ("Content"), including but not limited to, screenshot, video, character, item or video of your game play. In exchange for use of the Software, you hereby grant us an non-exclusive, perpetual, irrevocable, fully transferable, royalty-free, sub-licensable and worldwide right and license to use your Content in any way and for any purpose in connection with the Software and Services, including, but not limited to, the rights to reproduce, copy, adapt, modify, perform, display, distribute, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown without any further notice or compensation to you or third party of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive and agree never to assert any moral rights of paternity, publication, reputation, or attribution with respect to ours and other players' use and enjoyment of such assets in connection with the Software and Services under applicable law. This license grant to us, and terms above regarding any applicable moral rights, will survive the termination of this Agreement.

You shall only create Content that complies with any Applicable Laws and these Terms. You shall not use or upload fraudulent, cheating, obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening, harassing, profane, defamatory, infringing, privacy-invasive, vulgar, offensive, inappropriate, abusive, hateful, indecent and/or unlawful Content. We do not pre-screen the Content, nor do we control, verify or pay for any Content, thus we do not endorse and cannot ensure prompt removal of any Content uploaded by you or any other users. You understand and acknowledge that you are responsible for any Content you create, you have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness, and we assume no liability for any Content provided by any users. If you cancel your Account, we may permanently delete your Content from our servers and we are not obliged to return any Content to you.

We have the right to: (i) take any action with respect to any Content that we deem necessary or appropriate (e.g., editing or removing any Content) in our sole discretion, including if we believe that such User Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users or the public, or could create liability for us; and (ii) take appropriate legal actions, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or courts requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. You waive and hold harmless us, our affiliates, partners and contractors from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by the law enforcement authorities or courts.

6.3 Fraud

When participating in the Competitions or using the Services or Software, you shall not conduct any act which may unfairly alter your chance of winning or constitute the commission of fraud or abuse ("Fraud"), including but not limited to: (i) opening, registeringn and/or using multiple Accounts; (ii) the use of unauthorized or altered software or hardware to assist play, e.g., the use of bots, bot nets, jail broken devices or rooted devices, collusion with bots and/or use of cheat programs such as debuggers, clock-skewing software and memory scanners; (iii) intentionally poor play in the Competitions to achieve competitive advantage; (iv) collusion with other players, e.g., intentionally losing rematches in Cash Competitions; (v) deliberately transferring money between the Accounts or misusing any payment mechanism in connection with your Account, e.g., money laundering; (vi) harassment of other participants; (vii) uploading objectionable materials; and (viii) breach of security of your Account.

If we find any Fraud committed by you, you will be subject to immediate sanction (as determined by us only), which may include, without limitation: (i) we immediately suspend or terminate your Account and block your access to the Services and Software; (ii) any Winnings that you may otherwise have been entitled to receive shall be void and forfeited; and (iii) any Winnings received by you shall be subject to disgorgement and/or recoupment. In addition to the foregoing, we reserve the right to disclose or report any money laundering similar illegal activity to law enforcement and regulatory authorities. Without limiting our other available remedies, we, solely, may institute or seek any injunctive relief, civil and/or criminal proceedings against you and/or any of your co-conspirators arising out of or related to your commission of Fraud, including, without limitation, recovering all of our fees and expenses (including reasonable attorneys’ fees) in connection with such efforts.

6.4 Hacking, Tampering or Unauthorized Access.

Any attempt to gain unauthorized access to the Services or Software or any other user’s Account, interfere with operation, procedures or performance of the Services, Software or Competitions or deliberately damage or undermine the Services or Software is subject to civil and/or criminal prosecution and will result in immediate termination of your Account and forfeiture of your Winnings. You acknowledge that we are not responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Services or your Account.

7. WINNINGS, ACCOUNT FUNDS AND PAYMENTS

7.1 Fees

You shall pay all fees and payments for participating in the Competitions or using the Services or Software (“Fees”) charged to your Account. All payments shall be made in U.S. Dollars, prepaid and non-refundable. We may change the price of the Services at any time, without affecting your past purchases.

7.2 Billing

We may change our billing procedures with or without notice to you. By providing a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize us to charge you for the Services using your payment method; and (iii) authorize us to charge you for any paid feature of the Services that you choose to sign up for. We may bill you (a) in advance; (b) at the time of purchase; or (c) shortly after purchase, in our sole discretion. If we make an error on your bill, you shall tell us within 120 days after an error first appears on your bill for an investigation of the charge to occur promptly. After 120 days from the first appearance of the error, we will not be liable for any losses resulting from the error and will not be required to correct the error or provide a refund. If we identify a billing error, it will be corrected within 90 days. If you fail to pay any due amount charged to you Account, you shall pay for all reasonable costs we incur to collect any past due amounts, including, without limitation, reasonable attorneys’ fees and other legal fees and costs.

7.3 Payment Agents

You acknowledge and agree that we may, from time to time and without notice, appoint one or more payment agents to process or make payments from or to you on our behalf. The payment agent may be other party designated by us. You agree that we and/or our payment agents and payments facilitators may store your payment information to process your future purchases. By accepting these Terms, you authorize us and/or our payment agents and payments facilitators to store your payment credentials in compliance with applicable payment processing regulations.

7.4 Cash Deposits

We may provide Competitions that do not require an entry fee, and under such case you are a “Non-Cash Player” with respect to such Competitions. However, you will be a “Cash Player” if you play in a Cash Competition. Participating in the Cash Competitions will require establishing a positive Account balance in any amount we determine, and when you establish a positive Account balance, you shall submit and maintain at all times the following current and correct information: your full name, your permanent residential address and your credit card or other payment information. If you are a Cash Player, by submitting the aforementioned information, you allow us to share your personal and payment information in confidence with third party service providers for the purposes of validating your identity and assessing the transaction risk associated with accepting your selected method of payment, and for any other purpose as detailed in our Privacy Policy. If you make a credit card deposit, we may require at least a US$10.00 credit limit by sending an authorization request to the issuing bank, no matter whether the actual amount charged is lower. Although we do not charge any services fees for deposits, third party payment service providers or banks may charge you such fees in accordance with their rules, for which such third party payment services providers or banks rather than us shall be responsible.

7.5 Bonus Funds

If you are a Cash Player, you may be granted bonus funds and/or credits (“Bonus Funds”) through specific activities and/or Competitions that we determine to carry out at our sole discretion. Bonus Funds can only be used to enter the Cash Competitions and for no other purposes, in particular, they cannot be withdrawn for “real world” money, goods, or any other item of monetary value from the Company or any other party. You could not purchase real cash or Bonus Funds through any other websites or applications. When you enter a Cash Competition, US $0.01 (one U.S. cent) of Bonus Funds will be used to enter the competition for every US $0.10 (ten U.S. cents) spent on the Cash Competition entry fee. Notwithstanding the foregoing, additional Bonus Funds will be used to enter Cash Competitions if Bonus Funds are the only currency available in your Account. When you win a Cash Competition, any Bonus Funds that you have used to pay the entry fee will be returned to you and any additional Winnings will be paid in U.S. Dollars. If you initiate a withdrawal of funds from your Account, you will forfeit all Bonus Funds currently in your Account. If you do not enter a Cash Competition within a continuous 60-day time period, all Bonus Funds in your Account will be forfeited.

7.6 Withdrawals

If you are a Cash Player, you may request a withdrawal of funds from your available Account balance at any time, but Bonus Funds may not be withdrawn. When you withdraw funds from your Account, you may be required to submit your identifying information such as your first name and last name, birthdate, physical address and government-issued ID (e.g., passport or driver license), selfie with your government-issued ID and other necessary information. Failure to provide the requested identifying information at that time may result in inability to process your withdrawal for any Winnings.

Processing of requested funds is made by refund to the payment method used to make your deposit and may take up to forty-five (45) days, however, we reserve right to freeze your Account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected Fraud, verification of eligibility or compliance with Applicable Laws. Although we do not charge any services fees for withdrawals, third party payment service providers or banks may charge you such fees in accordance with their rules, for which such third party payment service providers or banks rather than us shall be responsible.

When you close your Account, subject to our confirmation of funds availability and these Terms, the remaining funds in your Account at the time of closing will be returned to you. However, if your Account is unilaterally closed or terminated because of your breach of these Terms such as Fraud, we may determine that the funds in your Account shall be forfeited and not returned to you.

For the purpose of anti-money laundering, users need to pay a 15% handling fee for the withdrawals made directly after deposits (without playing the Cash Competitions).

If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with our efforts to do this. We may also reduce payment to you without notice to adjust for any previous overpayment.

7.7 Refund Policy

We will not grant you any refunds, unless (a) we deem such a refund appropriate under the circumstances, or (b) otherwise required by law.

7.8 Credit Card Use

When you pay for any charges by credit card, you represent to us that you are the authorized user of such credit card. You must promptly notify us of any changes to your credit card account number, its expiration date or your billing address, or if your credit card expires or is canceled for any reason. We are not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with the Services. Any attempt to defraud through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment, will result in immediate termination of your Account, forfeiture of Winnings and pursuit of civil litigation and/or criminal prosecution.

7.9 Taxes

You are solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authorities for any tax or other levy that may be payable on any Winnings paid to you in your jurisdictions. Without limiting the foregoing, we may withhold from your existing Account balance and/or from future Winnings any amount required to be withheld by Applicable Laws in your jurisdictions, including amounts due in connection with your failure to complete relevant tax documentations, but you remain solely responsible for paying all federal, state and other taxes in accordance with all Applicable Laws.

8. COPYRIGHT COMPLAINTS

The Digital Millennium Copyright Act (DMCA) provides copyright owners who believe that their rights under the United States copyright law have been infringed by acts of third parties over the Internet with ways to protect their rights. If you believe that your copyrighted work has been copied without your authorization and is available in the Services in a way that may constitute copyright infringement, you can provide notice of your claim to the following entity:

Quantum Starship Studios; email: TacticalSer@outlook.com

For your notice to be effective, it must include the following information:

· A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed;

· A description of the copyrighted work(s) that you claim has been infringed upon;

· A description of where the material that you claim is infringing is located in the Software; Information reasonably sufficient to permit us to contact you, such as address, telephone number and email address;

· A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

· A statement that the information in the notification is accurate and, under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Please note that filling a copyright complaint is a serious matter with legal consequences. Any person who knowingly materially misrepresents that a product or content is infringing the copyrights of others could be liable for damages pursuant to Applicable Laws. Upon receiving a proper notification of alleged copyright infringement as described above, we may remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also may advise the alleged infringer of the DMCA statutory counter notification procedure, by which the alleged infringer may respond to your claim and request that we restore the material.

9. PROPERTY RIGHTS

9.1 Ownership

All contents of the Software and Services, their logos, symbols, expansion names and symbols, play level symbols, trade dress or “look and feel” and all derivative works or modifications of any of the foregoing, and all related and underlying intellectual property (including, without limitation, patents, trademarks, trade secrets and copyrights), are owned by us, our licensors or other providers of such materials and are protected by applicable laws and treaties. Unless otherwise expressly stated herein, we reserve all rights and the Software and/or Services may not be copied, reproduced, altered, modified, or distributed in any manner or medium, in whole or in part, without our prior written consent. Any person copying, reproducing, or distributing all or any portion of the Software in any manner or medium will willfully violate copyright laws and may be subject to civil and criminal penalties in applicable jurisdictions.

9.2 License

Subject to your compliance with these Terms, we hereby grant you a personal, non-exclusive, non-transferable, limited and revocable right and license to install and use the Software, in object code format only, on a Device owned or controlled by you, solely for the purpose of accessing and using the Services and participating in the Competitions. Such license shall commence on the date that you install or otherwise use the Software and end upon the termination of these Terms. Except as expressly provided herein, the license granted by us does not convey or imply the right to use the Services or Software in combination with any other information or products. You are responsible for all use of the Software that is under your possession or control.

10. TERMINATION

These Terms apply to you and to us from the date that you accept them as provided above, until the termination of your Account (whether by deactivation, cancellation, closure, expiration or termination by you or us). You may terminate these Terms at any time and for any reason by going to your Account setting and following the Account closure process. Upon termination of your Account, you must immediately discontinue use of the Services, the Software and your Account and promptly uninstall and delete all copies of the Software, and all licenses and rights granted to you under these Terms shall automatically terminate. Your obligation to pay accrued Fees will survive any termination of these Terms. Any and all terms and conditions within these Terms which should, by their nature, survive termination of these Terms, will survive such termination.

11. DISCLAIMER

We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and we are not responsible or liable for any disruption or loss you may suffer as a result. You should regularly backup content that you store on the Services.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, ALL SERVICES, SOFTWARE, INFORMATION AND DATA PROVIDED OR MADE AVAILABLE BY US ARE "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS AND WARRANTS THAT THE SERVICES OR THE FUNCTIONS CONTAINED IN THE SERVICES, YOUR ACCOUNT, SOFTWARE OR ANY ITEMS, PRODUCTS, INFORMATION AND DATA PROVIDED BY US WILL BE SECURE, VIRUS-FREE, UNINTERRUPTED, ERROR-FREE OR RELIABLE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SAME WILL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD PARTY COMPONENT, TECHNOLOGY, HARDWARE, SOFTWARE, OR SYSTEM, OR THAT ANY SERVICES, PRODUCTS, INFORMATION AND DATA PROVIDED BY US WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

UNDER NO CIRCUMSTANCES SHALL WE, OUR AFFILIATES, OR OUR OR THEIR OFFICERS, DIRECTORS AND EMPLOYEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM, RELATING TO OR ARISING OUT OF (I) USE, ACCESS, OR ATTEMPTED USE OF OR ACCESS TO THE SERVICES OR SOFTWARE; (II) DOWNLOADING ANY INFORMATION FROM THE SOFTWARE OR SERVICES; AND/OR (III) VIOLATIONS OF THESE TERMS BY OTHER USERS. WE HAVE NO RESPONSIBILITY TO ENFORCE THESE TERMS FOR THE BENEFIT OF ANY USER.

Certain jurisdictions do not allow the disclaimer of implied warranties, as such the foregoing disclaimer in whole or in part may not apply to you according to Applicable Laws.

12. LIMITED LIABILITY

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR INCIDENTAL DAMAGES, ARISING OUT OF OR RELATING TO THESE TERMS, COMPETITIONS, SERVICES, SOFTWARE AND ANY INFORMATION MADE AVAILABLE OR ACCESSIBLE TO YOU, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OUR MAXIMUM LIABILITY TO YOU ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS SHALL NOT EXCEED U.S. $50.00. THE EXISTENCE OF ONE OR MORE CLAIMS BY YOU WILL NOT INCREASE OUR LIABILITY.

Certain jurisdictions do not allow limitations of liability for incidental, consequential or certain other types of damages, as such, the limitations and exclusions set forth in this Section in whole or in part may not apply to you.

13. APPLICABLE LAW

These Terms shall be governed by and construed in accordance with the laws of United States, without regard to conflict of law principles thereof.

14. DISPUTE RESOLUTION

14.1 General

You and the Company agree that should any dispute, difference, claim or controversy (including the validity, existence, interpretation, performance, breach, termination, enforceability, or scope of this Section, except for the enforceability of the Class Action Waiver clause below) arise between us regarding these Terms, Competitions, Software or Services (hereafter a "Dispute"), whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement or negligence), or any other legal or equitable theory, except for those matters listed in the Section 14.3, shall be submitted to binding arbitration as described below rather than being resolved in court. The term “Dispute” is to be given the broadest possible meaning that will be enforced and includes, for example, all matters arising under these Terms, the Privacy Policy and any other agreements between you and us. You understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited.

14.2 Arbitration Rules and Procedures

Arbitration shall be conducted by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration language shall be English and the seat of arbitration shall be New York.

The arbitrator(s) may award the same damages to you individually as a court could. The arbitrator(s) may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim. These Terms govern to the extent they conflict with the arbitration rules. The arbitrator(s) may award compensatory damages, but shall NOT be authorized to award non-economic damages, such as for emotional distress, or pain and suffering or punitive or indirect, incidental or consequential damages. Each party shall bear its own attorneys’ fees, costs and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the arbitrator(s) and AAA; however, the arbitrator(s) may award to the prevailing party reimbursement of its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the arbitrator(s) and AAA.

Within fifteen (15) calendar days after conclusion of the arbitration, the arbitrator(s) shall issue a written award and a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Judgment on the award may be entered by any court of competent jurisdiction. The parties waive their right to commence any action or judicial proceeding in connection with a Dispute hereunder, except for purposes of: (i) recognition and/or enforcement of the arbitration award or any other decisions made by the arbitral tribunal, (ii) obliging the other party to participate in the arbitration proceedings, (iii) requesting any type of conservative or interim measure in connection with the Dispute prior to the constitution of the arbitral tribunal, (iv) requesting the appearance of witnesses and/or experts, and/or (v) requesting that any information and/or documentation discovery be complied with. By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a claim or Dispute was determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right to bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence.

14.3 Exclusions from Arbitration

You and the Company agree that any claim filed by You or the Company in small claims court on an individual basis and any dispute regarding the infringement, protection or validity of your, our or our licensors’ intellectual property rights are not subject to the arbitration terms contained in this Section. In addition, the Company or You shall have the right to seek an injunction against you in court in order to preserve the status quo while an arbitration proceeds.

14.4 Opt out

If you wish to opt out of this binding arbitration, you must notify us in writing within 30 days of the date that you accept these Terms (unless a longer period is required by Applicable Laws). Your written notification must be sent to us by emailing to TacticalSer@outlook.com or mailing to Quantum Starship Studios. Your notice shall include (1) your full name; (2) your mailing address; (3) your online ID, if you have one; and (4) a clear statement that you do not wish to resolve disputes with the Company through arbitration and which mechanism you would like to use to resolve the Dispute. You are responsible for ensuring the Company’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt.

14.5 Class Action Waiver

The arbitration proceedings described herein will be conducted on an individual basis only. Neither You nor the Company shall be entitled to join or consolidate disputes by or against other individuals or entities, or to arbitrate any dispute in a representative capacity, including, without limitation, as a representative member of a class or in a private attorney general capacity, in connection with any Dispute. Further, unless both You and the Company agree, the arbitrator(s) may not consolidate more than one person’s claim. The arbitrator(s) may award any individual relief or individual remedies that are permitted by Applicable Laws, but to the maximum extent permitted by Applicable Laws, may not award relief against the Company respecting any person other than You. If this waiver is found to be illegal or unenforceable as to all or some parts of a Dispute, then it won’t apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.

Notice must be provided within one (1) year of the Dispute having arisen, but in no event after the date on which the initiation of legal proceedings would have been barred under the applicable statute of limitations. The failure to provide timely notice shall bar all claims.

15. MISCELLANEOUS

These Terms constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. These Terms cannot be modified by you, and may only be modified by us as provided above.

Our failure 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 our right to assert or rely upon any such provision or right in that or any other instance.

The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part by any competent authority, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of these Terms, which shall continue to be in full force and effect.

You agree that we may provide you with notifications about the Services or information that the law requires us to provide via the email address that you specified when creating your Account. Notices emailed to you will be deemed given and received when the email is sent. If you do not consent to receiving notifications electronically, you must close your Account.

Section titles in these Terms are for reference only and have no legal effect. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages, injunctive relief, attorneys’ fees and expenses. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign these Terms or transfer any rights to use the Services or Software. These Terms are solely for your and our benefit, and not for the benefit of any other person, except for our successors and assigns. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Please send any questions or comments (including all inquiries unrelated to copyright infringements) to: Customer Support, Quantum Starship Studios; TacticalSer@outlook.com.