YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS OF SERVICE AGREEMENT. THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT IN THE SECTION TITLED “DISPUTE RESOLUTION” WHICH AFFECTS YOUR RIGHTS AND REQUIRES YOU TO RESOLVE DISPUTES IN ARBITRATION AND NOT IN COURT, EXCEPT WHERE PROHIBITED BY LAW. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE GAME OR OTHER SERVICES.

This Terms of Service agreement (the “Agreement” or “Terms of Service” ) is a legally binding document between you and PokeMMO, (hereinafter referred to as “The Company”, “us”, “we”, or “our”).

This Agreement is composed of three documents:

1. This Terms of Service;
2. Code of Conduct; and the
3. Privacy Policy.

Definitions of undefined capitalized terms can be found at the end of this document in the section titled “Glossary.”

1. ACCOUNTS AND ELIGIBILITY

1. To utilize the Services, you may be required to create an Account, and in relation to the Game, download and/or install Game Software on your device.
2. For some Services, we may allow you to create multiple Accounts. You acknowledge that we may terminate all Accounts created by you if you violate this Agreement.
3. ELIGIBILITY.
   1. You are only eligible to enter into this Agreement and establish an Account if:
      1. You are a “natural person” who is at least 18 years old; or
      2. If you are a Child aged 13 or older, but under the age of 18, you must review this Agreement together with your parent or legal guardian. If you are a parent or legal guardian of a Child and you permit your Child to use these Services, you hereby agree to be bound by this Agreement on behalf of your Child, and you understand and agree that you will be responsible for all uses of the Account or Services by your Child, whether or not they were authorized by you. Parents and legal guardians are jointly and severally liable for all acts of their Child when using the Services; and
      3. You are not an individual specifically prohibited by us from using the Services.
   2. The Services are not available to Children under the age of 13. Children under the age of 13 may not utilize an Account, the Services, nor enter into this Agreement even with the consent of a parent or legal guardian.
   3. If we suspect, at our sole discretion, that you have created an Account while being ineligible for this Agreement, any Account(s) created by you shall be immediately terminated.
4. When you create or update an Account, you must:
   1. Provide us with accurate and up to date information which may be personal to you, such as your age and email address; and
   2. Select a unique account name and password (collectively referred to as “Login Information”).
5. You may not share any Account or Login Information with anyone else, except if you are a parent or legal guardian accessing the Account of your Child.
6. You may not make any assignments or transfer of rights, obligations or liabilities related to this Agreement without our express written consent.
7. You agree that you are entirely liable for all activities conducted through your Account(s). We hereby disclaim any and all responsibility or liability for any unauthorized use of your Account(s).
8. Upon acceptance by you, this Agreement and its provisions shall remain in effect until terminated.
9. You may terminate this Agreement by requesting your Account(s) be deleted, as described by our Privacy Policy.
10. We reserve the right to suspend, modify, or delete any Account for any Service and to terminate this Agreement at any time for any reason, or no reason, with or without notice to you, for any amount of time. For purposes of explanation, most account suspensions are the result of rule breaking or fraudulent behavior.

2. AMENDMENTS TO THIS AGREEMENT

You acknowledge that this Agreement may be amended at any time by us at our sole discretion.

We will attempt to notify you within a reasonable timeframe if this Agreement is amended or modified, either through e-mail address(es) provided by you, the website this document is hosted on, other websites we own or operate, or through the Game Client.

Modifications by us to the Agreement are effective immediately and your failure to cease use of the Services and destroy all copies of the Game Software which you are licensed will constitute your acceptance.

If you do not agree to the amendments or to any of the terms in the Agreement, your only remedy is to cease use of the Services and destroy all copies of the Game Software which you are licensed.

3. LIMITED LICENSES GRANTED

1. LIMITED LICENSE - SERVICE, CONTENT, AND SOFTWARE LICENSED.
   1. Subject to your compliance with this Agreement, we hereby grant you a limited, non-transferrable, non-exclusive license to use the Services and Software for your non-commercial entertainment purposes.
   2. You acknowledge that you must obtain Service from us to use the Game and its related Services.
   3. You acknowledge that you are responsible for supplying an internet connection and any necessary computer hardware for playing the Game or using its related Services, as well as any costs related to the foregoing.
   4. You further acknowledge that we may allow you full or partially restricted access to additional Game Content. Game Content may be modified, removed, or added at our sole discretion.
   5. Any usage of the Services or the Game in violation of these limitations will be regarded as an infringement of this Agreement and may result in a termination of this Agreement and your Account(s) at our sole discretion.
2. LIMITED REDISTRIBUTION LICENSE. We hereby grant you a limited, terminable, non-exclusive license to reproduce and distribute an unlimited number of copies of our Game Software, provided that the following conditions are met:
   1. You may not modify the Game Software, except for files explicitly designated as modifiable, such as those released under the GNU General Public Licenses or other free software licenses; and
   2. You may not charge any fee or receive compensation attributable to the distribution of Game Software.
3. USER CONTENT CONTRIBUTION LICENSE.
   1. You agree that by submitting any material of any kind to us (including, but not limited to posting chat messages to any Service or chat room we operate), you hereby grant us an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide-right to use your contributions in any way for any purpose, including the rights to reproduce, copy, adapt, modify, or communicate to the public by any means whether now known or unknown, without any notice or compensation for you.
   2. This license granted to us is separate to this Agreement and will survive any breach or subsequent termination of this Agreement.
   3. Any material which you submit to any Service or chat room we operate will be considered non-confidential and non-proprietary. You warrant and represent that any submitted material is your original content and that you have all necessary rights and consents to provide us with such material.

4. LICENSED, NOT OWNED

You acknowledge and agree that you shall have no ownership or other property interest in any Account, identifying information, material submitted, Game Content, or content stored or hosted on any Service. You further acknowledge and agree that all rights in and to such Accounts are and forever will be owned and inured to our benefit.

5. PRIVACY

The Privacy Policy applies to your use of all Services, including this website and the Game, provided by us and pertains to any Personal Information you provide us or which we may collect about you. To view the Privacy Policy, visit: https://pokemmo.com/privacy_policy/.

6. PROHIBITED BEHAVIOR

Upon entering into this Agreement, you agree to be bound by certain rules (the “Code of Conduct”) when using any Service we provide or interacting with other Users. To view the Code of Conduct, visit: https://pokemmo.com/code_of_conduct/.

7. LIMITATION OF LIABILITY

1. WARRANTY DISCLAIMER. You acknowledge that you interact with the Services at your own discretion and risk. All Services are provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by law, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of accuracy, merchantability, fitness for a particular purpose, uninterrupted operation, non-infringement, correction of defects, or that any Service is free from malware, defects, or harmful components in any form whatsoever.
2. Nothing in this Agreement shall limit our liability for death, personal injury resulting from our negligence, fraudulent misrepresentation, or for any liability which cannot be excluded by law.

8. INDEMNITY

You agree to defend, indemnify, and hold us harmless with respect to any and all claims, liabilities, injuries, damages, losses, or expenses (including, but not limited to, Attorney's fees and costs) that arise under, from or in any way, directly or indirectly, relate to:

1. Any license granted by this Agreement;
2. Any personally identifiable information or information collected by us related to you;
3. Our enforcement of this Agreement;
4. Any monetary transaction with The Company or its Payment Providers;
5. Your failure to comply with any provision of this Agreement;
6. Your use of the Services, including but not limited to economic, physical, emotional, psychological or privacy related considerations; and
7. Any dispute you have or claim to have with any Users of our Services.

9. FORCE MAJEURE

The Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of us, including without limitation any failure to perform due to unforeseen circumstances or cause beyond our control, such as war, terrorism, acts of public enemies, acts of civil or military authorities, accidents, transport disturbances, fires, floods, acts of God, embargoes, or shortages of fuel, energy, labor or materials.

10. EQUITABLE REMEDIES

You acknowledge and agree that we would be irreparably damaged if the terms of the Agreement were not specifically enforced. Therefore, you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breach of the Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.

11. CONSENT TO MONITOR

You hereby acknowledge and agree that:

1. An "unauthorized third party program" is defined as any software not provided by us whose purpose is to facilitate the violation of, or whose activity does violate, this Agreement.
2. When running, the Game Client may monitor your computer's Random Access Memory ("RAM"), running processes on your device, or otherwise scan your device to attempt to detect unauthorized third party programs running concurrently with the Game Client.
3. In the event the Game Client detects any unauthorized third party programs, the Game Client may:
   1. Communicate information back to the Game Server or another Service, including but not limited to, details about any unauthorized third party program detected (e.g. program name, program behavior, file attributes and location details, etc.), the date, Game Client settings, personally identifiable network addresses (e.g. internet protocol addresses), unique hardware identifiers, installed packages, or other device environment details; or
   2. Exercise any or all of our rights under this Agreement with or without prior notice to you.
4. When running, the Game Client may obtain certain identifying information about your device and communicate it back to the Game Server, including but not limited to:
   1. Internet protocol addresses;
   2. Network hardware addresses (“MAC Addresses”);
   3. Uniquely identifiable hardware identifiers (“UID”);
   4. Lists of installed packages;
   5. Software configuration data (e.g. operating system version and date, time, and language settings, Game Client settings); and
   6. Hardware configuration data.
5. When using any of the Services, we may, with or without notice to you, store without limitation:
   1. Personally identifiable internet connection history (e.g. internet protocol addresses, MAC addresses, and UIDs used to access any Service);
   2. Any communication sent using the Services from you;
   3. Any email address used at the time of Account creation, or when you modify existing Account credentials; and
   4. History of payments to us or our Payment Partners, including but not limited to, the date of any transaction, associated Account, sum transacted, and method of payment.
6. We may, with or without notice to you, disclose any information we’ve collected about you, including but not limited to internet protocol addresses, chat logs, personally identifiable information, submitted material, or any other information stored about your activities if:
   1. Requested by law enforcement, a court order, or other legal process;
   2. We believe that doing so may protect your safety or the safety of others; or
   3. You have violated this Agreement.
7. The Game Client may include diagnostic tools which allow your device to forward to us certain information, including but not limited to, system configuration settings, error logs, device settings, and hardware information. You consent to us receiving and/or using that data for any purpose.

12. PATCHES AND UPDATES

We may deploy or provide patches, updates and modifications to the Services which must be installed to continue using the Services.

We may update the Game Client on your device without your knowledge and you hereby grant us your consent to deploy and apply such patches, updates, and modifications.

You acknowledge that the requirements to use the Services may change over time, and that you must ensure that your device’s software, including but not limited to its operating system, and hardware are suitable and up-to-date to continue to utilize the Game and Services.

13. REWARD POINTS, PREMIUM GAME CONTENT, AND PAYMENT HANDLING

1. REWARD POINTS AND PREMIUM GAME CONTENT.
   1. We may offer certain upgrades and options within the Game or through our websites that you can buy with real money, including, but not limited to, virtual currency (“Reward Points”), customizations for your in-Game Characters, or other Game Content which may only be accessed in exchange for real money (collectively, “Premium Game Content”).
   2. We reserve the right to refuse, cancel, modify, or limit orders for Premium Game Content at any time at our sole discretion.
   3. The purchase price or purchase unit for Premium Game Content may change periodically without notice.
   4. Except as otherwise designated in writing by us, Premium Game Content does not expire.
2. NO CASH VALUE / NO OWNERSHIP IMPLIED.
   1. Premium Game Content is licensed, not sold, regardless of any use of the terms “purchase,” “donation,” “selling,” or comparable that we make, and is subject to the restrictions under the licenses granted in this Agreement.
   2. Premium Game Content does not have an equivalent value in real money and does not act as a substitute for real currency. Premium Game Content is not redeemable for money or monetary value by us or any other person, whether inside or outside of your use of the Game.
   3. Except as otherwise prohibited by applicable law, we reserve and retain all rights, title, and interest in and to Premium Game Content, and we reserve the right to manage, modify, substitute, replace, suspend, discontinue, or eliminate Premium Game Content, including your ability to access or use Reward Points and other Premium Game Content already associated with your Account, without notice or liability to you, at our sole discretion.
3. PAYMENT HANDLING.
   1. We may partner with other companies to process any payments made for Premium Game Content (“Payment Providers”).
   2. Payment Providers are responsible for carrying out settlements, and you must comply with the rules, terms of sale, and other contractual terms and conditions prescribed by the Payment Provider you chose to initiate the payment. Issuance of Premium Game Content may be delayed due to circumstances affecting systems related to the settlement method provided by the Payment Providers.
   3. By purchasing Premium Game Content, you authorize our designated Payment Providers to charge your specified payment method for the full purchase amount. When you provide your payment information, including your payment card number, you authorize our designated Payment Providers to store this payment information and any other related information.
   4. We expressly disclaim any liability whatsoever concerning your use of Payment Providers for purchasing Premium Game Content, and any objections or complaints concerning the Payment Providers must be settled by making a claim directly to said Payment Providers.
   5. ALL SALES FINAL. Except as required by law or as we may otherwise determine in our sole discretion, all sales for Premium Game Content are final and Premium Game Content may not be sold, transferred, assigned, redeemed or exchanged for cash.
   6. NO CHARGEBACKS. Any payment chargeback initiated by you, regardless of when the transaction occurred, will result in an immediate breach of this Agreement along with your associated Accounts being terminated. We may, at our sole discretion, allow you to remedy this violation through payment of the amount charged back.
   7. REFUND / EXCHANGE OPTIONS. We will offer a refund for in-game purchases of Reward Points or other Premium Game Content for requests made within 14 days of purchase, provided that the item(s) purchased have not been consumed, modified, or transferred. To the maximum extent allowed by law, we may refuse your request if we believe it is fraudulent, abusive, or excessive, or if you have violated this Agreement and your Account has been terminated. To perform a refund or exchange request, please use the customer support panel available at https://support.pokemmo.com/. Refunds are subject to the limits of the Payment Provider you choose when purchasing Premium Game Content. To view them, visit: (Xsolla, Inc.: https://xsolla.com/refund-policy ; PaymentWall, Inc.: https://www.paymentwall.com/en/terms)
4. PROMOTIONAL REWARD POINTS. We may issue promotional Reward Points using methods designated by us, such as through promotional activities or other means that do not require payment ("Promotional Reward Points"). Activities eligible to receive Promotional Reward Points, quantity of Promotional Reward Points issued, terms and conditions for the issuance of Promotional Reward Points, as well as other terms and conditions, will be determined by us.
5. SUSPENSION AND TERMINATION. If this Agreement is breached by you, or if we suspect, at our sole discretion, fraudulent, abusive, or unlawful activity associated with your Account(s), your license to use or purchase Premium Game Content will be revoked and this Agreement will be terminated along with all Accounts you created.

14. DISPUTE RESOLUTION

1. APPLICABILITY. This binding individual arbitration section will not apply to the extent prohibited by the laws of your country of residence. In the United States, this Agreement is governed by the Federal Arbitration Act and federal arbitration law. You understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited. To the fullest extent allowed by applicable law, you and we agree to submit all Disputes between us to individual, binding arbitration under the provisions in this Section 14. A “Dispute” means any dispute, claim, or controversy (except those specifically exempted below) between you and us that in any way relates to or arises from any aspect of our relationship, including, without limitation, your use or attempted use of the Services, the Game, and all marketing related to them, your Account(s), any licensed content, and all matters relating to or arising from this Agreement, the Privacy Policy, or any other agreement between you and us, including the validity and enforceability of this agreement to arbitrate. A Dispute shall be subject to binding, individual arbitration regardless of whether it is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. This includes claims that accrued before you entered into this Agreement.
2. INFORMAL NEGOTIATION PERIOD. Our customer support panel is available at https://support.pokemmo.com/ to address any concerns you may have regarding the Services, your Account(s), or the Game. Most concerns are quickly resolved in this manner to our Users' satisfaction. In an effort to accelerate resolution and reduce the cost of any Dispute between us, you and The Company agree to first attempt to negotiate any Dispute informally for at least sixty (60) days before either party initiates any arbitration or court proceeding (the “Initial Dispute Resolution Period”). That period begins upon receipt of written notice from the party raising the Dispute. If we have a Dispute with you, it will send notice of that Dispute to your email address you have provided to us. If you have a Dispute with us, you must notify us in writing at the following email address: [email protected], using the subject line “Initial Dispute Resolution Notice.” Your notice of Dispute must be individual to you and must include, as applicable, your full name, the email address associated with your Account(s), and your residential address. The notice of Dispute also must describe the Dispute, explain the facts of the Dispute as you understand them, and tell us what you want us to do to resolve the problem. The parties shall use their best efforts to settle any Dispute directly through consultation and good faith negotiations, and you agree that a notice of Dispute containing all of the information required above, followed by at least 60 days of good faith negotiation, are preconditions to either party initiating a lawsuit or arbitration. A notice of Dispute will not be valid, will not start the Initial Dispute Resolution Period, and will not allow you or us later to initiate a lawsuit or arbitration, unless it contains all of the information required by this paragraph. If either of us commences an arbitration without having previously provided a valid and compliant notice of Dispute, you and we agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration until the party that initiated it complies with the Initial Dispute Resolution Period. You and we authorize the arbitration provider or the arbitrator to decide summarily whether the party that commenced an arbitration complied with the Initial Dispute Resolution Period requirement, relying solely on this Agreement and the notice of Dispute (if any) that you or The Company provided before commencing arbitration.
3. BINDING ARBITRATION. If a Dispute cannot be resolved through negotiations during the Initial Dispute Resolution Period, then either you or The Company may elect to have the Dispute finally and exclusively resolved by binding arbitration, unless an exception applies as stated below. The arbitration will be administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) effective as of the date of the Notice of Dispute, which are available at the JAMS website, http://www.jamsadr.com/rules-streamlined-arbitration, as modified by this Agreement. If, for any reason, JAMS is unable to provide the arbitration, then except as otherwise stated below, you may file your Dispute with any national arbitration company that handles consumer arbitrations following procedures that are substantially similar to the JAMS Rules. Arbitration hearings may be conducted by videoconference unless the arbitrator believes an in-person hearing is necessary. In such instances, the location of an arbitration hearing will be decided pursuant to the JAMS Rules. For residents outside the United States, arbitration shall be initiated in New Castle County, Delaware, and you and The Company agree to submit to the personal jurisdiction of any federal or state court in New Castle County, Delaware, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and The Company, and any award of the arbitrator may be entered in any court of competent jurisdiction. The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. The arbitrator has authority to decide all issues of validity, enforceability or arbitrability, including, but not limited to, where a party raises as a defense to arbitration that the claims in question are exempted from the arbitration requirement or that any portion of this agreement is not enforceable. If a lawsuit filed in court includes claims or requests for relief that are arbitrable and claims or requests for relief that are not, you and The Company agree that any non-arbitrable claims or requests for relief shall be stayed pending the completion of the arbitration of the arbitrable claims or requests for relief.
4. EXCEPTIONS TO INFORMAL NEGOTIATIONS AND ARBITRATION. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation. This exclusion does not include claims related to the license granted to you for the Services under this Agreement. Excluded claims are subject to the jurisdiction and applicable law provisions in Section 14(e) below. Either party may also seek relief in a small claims court for any individual disputes or claims within the scope of that court's jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed, either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider may close the case.
5. GOVERNING LAW; JURISDICTION. The Agreement will be exclusively governed by Delaware law, without regard to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree that any legal suit, cause of action or proceeding that may arise out of, or related to the Agreement that is not resolved by binding arbitration as provided in Section 14(c) shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware. We retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Claims excluded from arbitration are subject to the choice of law and forum selection clauses set forth in this Agreement.
6. 30 DAY RIGHT TO OPT OUT. You have the right to opt-out and not be bound by the arbitration agreement provisions by sending written notice of your decision to opt-out to the following email address: [email protected], using the subject line “Arbitration Opt-Out.” The notice must be sent within 30 days of the date on which you first access or use the Services and enter into this Agreement, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section 14. If you opt-out of these arbitration provisions, we also will not be bound by them.

15. LANGUAGE

This Agreement has been prepared in, and will be construed in, the English language. Translated versions may be prepared for the convenience of Users whose mother language is not English. If there is any discrepancy in the meaning or interpretation between the English version and any translated version of this Agreement, the meaning and interpretation of this Agreement prepared in English shall prevail.

16. GLOSSARY

1. Account - Any account used to access the Game or other Services which we provide, to which this Agreement may apply.
2. Character - A User's avatar in the Game, identified by a uniquely chosen character name.
3. Child - Any person under the age of 18 or the age of majority in their jurisdiction.
4. Game - The video game service provided by us.
5. Game Client - Software provided by us used for the purposes of connecting to the Game.
6. Game Content - Any digital material or experience related to the Game that is neither Game Software nor Service, including but not limited to, any Game currency, article, resource, message, or content hosted on the Game’s servers.
7. Game Software - Any software provided by us related to the Game to be installed by you, including but not limited to the Game Client, along with any subsequent updates, modifications, or patches to said Game Client, diagnostic tools, or other software used to make the Game Client compatible with a particular operating system.
8. Payment Providers - Third-party companies which we partner with in order to process payments, including but not limited to, Xsolla, Inc. and Paymentwall, Inc.
9. Services - Any online service provided by us, including but not limited to, the Game and its associated websites.
10. User - Any person who uses the Services we provide.