DARKTIMES END USER LICENCE AGREEMENT

1. GENERAL DISCLAIMER
   1. DARKTIMES IS AN EXPERIMENTAL SOFTWARE ENTERTAINMENT GAME RELEASED FOR PERSONAL ENTERTAINMENT ONLY. ON THE TERMS OF THIS AGREEMENT, THE USER USES THE SOFTWARE AND PLAYS THE GAME AT THEIR OWN RISK. THE PUBLISHER ACCEPTS NO LIABILITY FOR ANY USE OF THE SOFTWARE, GAME OR WEBSITE BY ANY USER. BY ENTERING INTO THIS AGREEMENT, THE USER IS RELEASING THE PUBLISHER FROM ANY LIABILITY AND WAIVES THEIR RIGHT TO PARTICIPATE IN ANY CLASS ACTIONS AGAINST THE PUBLISHER. THE USER SHOULD SEEK INDEPENDENT LEGAL ADVICE BEFORE ENTERING THIS AGREEMENT.
2. DEFINITIONS AND INTERPRETATION
   1. Definitions. The following definitions apply in this document:
      1. Account means a digital registration with the Publisher consisting of such information as reasonably required by the Publisher (including name and email).
      2. Agreement means this End User Licence Agreement.
      3. Computer System means a computer system capable of installing and running the Software.
      4. Intellectual Property means all rights (present and future) conferred by common law, equity or statute (and all moral rights) connected with business names, computer software, confidential information, copyright, designs, domain names, formulas, inventions, knowhow, patents, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.
      5. Game means the “DARKTIMES” multiplayer game as described on the Website.
      6. Gold Pieces means the virtual in-game currency of the Game.
      7. Privacy Policy means the Publisher’s privacy policy as updated from time-to-time, which can be found at playdarktimes.com/privacy.
      8. Publisher means Little Giant Co Pty Ltd ACN 688 518 416.
      9. Software means the “DARKTIMES” downloadable computer gaming software.
      10. Sui Blockchain means the distributed ledger blockchain developed and promoted by the Sui Foundation as described at sui.io.
      11. Sui Wallet means a digital wallet compatible with storing, receiving and transferring tokens on the Sui Blockchain.
      12. User means each end user of the Software.
      13. User Data means all information, data and other such materials that belong to the User.
      14. Website means the website operated by the Publisher at playdarktimes.com.
      15. $TIMES means the $TIMES crypto token issued by Social Republic Limited.
   2. Interpretation. The following rules apply in this Agreement unless the context requires otherwise:
      1. Headings are only for convenience and do not affect interpretation.
      2. The singular includes the plural and the opposite also applies.
      3. If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.
      4. A reference to a clause refers to clauses in this Agreement.
      5. A reference to legislation is to that legislation as amended, reenacted or replaced, and includes any subordinate legislation issued under it.
      6. Mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included.
      7. A reference to a party to this Agreement or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives).
      8. A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
      9. A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.
      10. A reference to $ is to an amount in Australian Dollars.
3. INTRODUCTION
   1. The Publisher is the:
      1. licensed publisher of Software:
      2. licensed publisher and operator of the of the Game and the Website.
   2. This Agreement forms a binding legal agreement between the Publisher and each User and governs all access to and use of the Software, Game and Website by the User.
   3. By using the Software, the User confirms that the User has read, accepts and agrees to be bound by the terms of this Agreement, the Privacy Policy and all other instructions provided in relation to the Software.
   4. The Software may be downloaded and operated on a single Computer System, subject to:
      1. this Agreement; and
      2. the Computer System meeting the minimum system requirements as described on the Website (if any).
   5. Playing the game is, without limitation, dependent upon the Software connecting to the internet and the Sui Blockchain.
   6. The Software and Game contain graphic depictions of violence and a User must be over the age of 18 to use the Software and play the Game. Any player under the age of 18 must obtain their parent or guardian’s consent prior to using the Software or playing the Game.
   7. The Publisher reserves the right at any time to update, modify, improve, change, enhance, or discontinue any part or all of the Software or Game, with or without notice to the User.
   8. Gold Pieces do not have a financial value and they are not a substitute for real currency and have no equivalent value in any real currency. Gold Pieces cannot be redeemed for any real currency, and the Publisher is not obligated to exchang, redeem a User’s Gold Pieces for anything else of value, nor to compensate the User for any loss of Gold Pieces, on terms of this Agreement.
   9. $TIMES are issued by Social Republic Limited, a company incorporated in the British Virgin Islands (and not the Publisher). To the extent the User exchanges any $TIMES for Gold Pieces via the Software, Game or Website, the User agrees and acknowledges that such exchange:
      1. is exclusively between the User and Social Republic Limited (and not the Publisher);
      2. has no financial value (and must not be for any financial value); and
      3. any transfer of $TIMES between Sui Wallets is subject to the laws of the British Virgin Islands (and not New South Wales, Australia); and
      4. is subject to any terms and conditions at the point of exchange; and
      5. all blockchain transactions contain inherent risk and the Publisher is not liable to the User for any loss or damage suffered by the User entering into any on-chain transactions.
   10. The User releases the Publisher from any loss, damage, cost, or expense incurred or suffered by the User in connected with $TIMES and indemnifies the Publisher against any loss, damage, cost, or expense incurred or suffered by the Publisher as result of any claim by the User for such loss, damage, cost, or expense against the Publisher.
   11. The User authorises the Publisher to share the User’s Account information with its related bodies corporate and Social Republic Limited for the purpose of operating the Game (including the verification of exchanges and transactions).
4. LICENCE
   1. Subject to compliance with the terms and conditions of this Agreement, the User is granted a worldwide, revocable, limited, non-transferable, non-assignable and non-exclusive licence to access the Software for the purposes of paying the Game for the duration of this Agreement, in accordance with the terms and conditions of this Agreement.
   2. For clarity, the User is not granted any interest in the Software by the Publisher and does not own any part of the Software installed on its Computer System.
   3. This licence entitles the User to install the Software on a single Computer System (notwithstanding the User may have multiple licences to use the Software on additional Computer Systems).
   4. The Software is licensed to the User subject such further terms or limitations as the Publisher sees fit from time-to-time.
   5. The User shall not copy, modify, distribute, sublicense, disclose, market, rent, lease, or offer networking of the Software to any third party, or permit any person or entity to have access to the Software by means of a time sharing, remote computing services, networking, batch processing, service bureau or time sharing arrangement.
5. CONDITIONS OF USE
   1. The User must create an Account to use the Software and play the Game. The User agrees and acknowledges that a unique Sui Wallet is created with and for each Account.
   2. The User agrees that it shall only use the Software for legal purposes and shall:
      1. not use the Software if it is under the age of 18;
      2. comply with all laws in their local jurisdiction;
      3. not use the Software or Game for commercial or financial purposes;
      4. not engage in any conduct that is could be considered unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Publisher in its discretion;
      5. not use the Software in any manner inconsistent with this Agreement;
      6. not infringe the Publisher’ intellectual property rights or those of any third party in relation to the User’s use of the Software, Game or Website (to the extent that such use is not licensed by this Agreement);
      7. not use the Software in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
      8. directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, or algorithms contained in the Software and Game or any documentation associated with them.
   3. The User agrees and accepts that some functional elements of the Game may be hosted by the Publisher, in which case the User acknowledges that the User Data shall be accessed and maintained by the Publisher, accessed using the internet or other connection to the Publisher’ servers.
   4. The Publisher excludes liability for all inherent risks associated with connecting a Computer System to servers through the internet. The User agrees they are responsible for the security of their own Computer System at all times.
   5. To the extent the User allows other users to access the Software in its discretion. the Publisher accepts no liability for access by users authorised by the User or using login details of users authorised by the User.
   6. The User is responsible for ensuring that users authorised to use the Software comply with this Agreement in full and are liable for any breach by them.
   7. In no circumstances whatsoever will the Publisher have any obligation to support any altered or modified Software, Software accessed or used in breach of this Agreement (including on unlicensed Servers) or inconsistent with instructions from the Publisher.
   8. The Publisher may specify a designated contact, subcontractor and/or prioritise the provision of support to Users in its absolute discretion.
6. USER DATA
   1. The Publisher acknowledges that the User retains ownership of User Data and grants the Publisher an irrevocable, perpetual and unrestricted license to use anonymised data derived from User Data, its customers and data in the public domain for the purposes or improving its products, internal analytics and publish such analytics.
   2. The Publisher accepts no liability for the content of User Data.
   3. The User is responsible for the accuracy, quality and legality of User Data and the User’s acquisition of it, and the users that create, access and/or use User Data.
   4. Despite clause 6.1, the Publisher shall be authorised to permanently delete User Data where:
      1. this Agreement has been terminated; or
      2. following a User’s extended period of inactivity, the Publisher determines that that the User has ceased using the Software.
   5. The Publisher shall not access, use, modify or otherwise deal with User Data except where required by compulsion of law or upon the User’s authority (such as to provide support for the Software).
   6. By using the Software, the User consents to the Publisher collecting and using technical information about the devices and related software, hardware and peripherals for the Software that are internet-based to improve its products.
   7. The Publisher maintains the Privacy Policy with regards to its handling of personally identifiable information that it collects about the User. By entering into this Agreement the User agrees the Privacy Policy.
7. INTELLECTUAL PROPERTY
   1. The User acknowledges that the Publisher retains ownership of all Intellectual Property of the Publisher incorporated in the Software (including all improvements, enhancements, updates and corrections) and any Intellectual Property generated by the Publisher in the process of providing the Software.
   2. The trade mark “DARKTIMES” is used by the Publisher under licence is all rights are reserved by the licensor.
   3. The Software may use software, proprietary systems and Intellectual Property owned by the Publisher, or for which the Publisher has appropriate authority to use, and the User agrees that such is protected by copyright, trade marks, patents, proprietary rights and other laws, both domestically and internationally. The User warrants that it shall not infringe on any third-party rights through the use of the Software.
   4. The User agrees and accepts that any Intellectual Property generated by the User in connection with the Software is owned absolutely by the Publisher and vests in the Publisher immediately, including any text, images, graphics, source code, usage data, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to the Software.
   5. The User further warrants that by using the Software the User will not without express permission from the Publisher:
      1. use any Intellectual Property of the Publisher;
      2. copy any part of the Software for the User’s own commercial purposes; or
      3. directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in any documentation associated with it.
   6. To the extent that any derivative works cannot be assigned to the Publisher, the User hereby grants the Publisher a perpetual and irrevocable (irrespective of the expiration or termination of this Agreement), non-exclusive, transferable, worldwide, and royalty-free licence to reproduce, distribute, perform, and display any derivative works of the Software developed by or for the User, and to use, make, have made, sell, offer to sell, import, export, and otherwise exploit any product based on any such derivative works.
8. THIRD PARTY SERVICES & SOFTWARE
   1. The User agrees and acknowledges that the Game has third party dependencies which may affect its availability and that the Publisher has no means of controlling the availability of such dependencies and shall not be liable for any interruptions to such.
9. LIABILITY & INDEMNITY
   1. THE USER AGREES THAT IT USES THE SOFTWARE AND PLAYS THE GAME ENTIRELY AT ITS OWN RISK.
   2. THE USER ACKNOWLEDGES THAT ANY IN-GAME GOLD PIECES HAVE NO FINANCIAL VALUE.
   3. THE SOFTWARE AND GAME ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PUBLISHER DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT. THE PUBLISHER EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPCT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION OR FEATURES AVAILABLE THROUGH THE SOFTWARE AND GAME OR THE QUALITY OR CONSISTENCY OF THE GAME.
   4. IN NO CIRCUMSTANCE WILL THE PUBLISHER BE LIABLE TO A USER FOR ANY INJURY TO PERSON, LOSS OR DAMAGE TO PROPERTY ARISING OUT OF:
      1. A USER’S USE OF THE SOFTWARE; OR
      2. A THIRD-PARTY THAT A USER GRANTS ACCESS TO THE SOFTWARE TO.
   5. THE USER ACKNOWLEDGES THAT THE PUBLISHER IS NOT RESPONSIBLE FOR THE CONDUCT OR ACTIVITIES OF ANY USER AND THAT THE PUBLISHER IS NOT LIABLE FOR SUCH UNDER ANY CIRCUMSTANCES, INCLUDING FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USERS OF THE SOFTWARE.
   6. THE USER AGREES TO INDEMNIFY THE PUBLISHER FOR ANY LOSS, DAMAGE, COST OR EXPENSE THAT THE PUBLISHER MAY SUFFER OR INCUR AS A RESULT OF OR IN CONNECTION WITH THE USER’S USE OF OR CONDUCT IN CONNECTION WITH THE SOFTWARE, INCLUDING ANY BREACH BY THE USER OF THIS AGREEMENT.
   7. IN NO CIRCUMSTANCES WILL THE PUBLISHER BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, LOSS OR CORRUPTION OF DATA, LOSS OF PROFITS, OR ANY OTHER SIMILAR OR ANALOGOUS LOSS RESULTING FROM THE USER’S ACCESS TO, OR USE OF, OR INABILITY TO USE THE SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, IN EQUITY OR ANY OTHER LEGAL THEORY, INCLUDING FOR THE LOSS OF ANY GOLD PIECES.
   8. TO THE EXTENT PERMITTED BY LAW, THE PUBLISHER’S LIABILITY FOR BREACH OF THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH THE SOFTWARE, INCLUDING ANY IMPLIED WARRANTY OR CONDITION THAT CANNOT BE EXCLUDED, IS RESTRICTED AT THE PUBLISHER’S OPTION TO THE RE-SUPPLY OF SERVICES, OR PAYMENT OF THE COST OF RE-SUPPLY OF SERVICES (IF APPLICABLE), UP TO A MAXIMUM OF $100 AUD.
   9. EACH PARTY ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY REPRESENTATION, WARRANTY OR STATEMENT MADE BY ANY OTHER PARTY, OTHER THAN AS SET OUT IN THIS AGREEMENT.
10. CLASS ACTION WAIVER
    1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE USER NOR THE PUBLISHER SHALL BE ENTITLED TO LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY. THE USER MAY ONLY LITIGATE ON AN INDIVIDUAL CLAIMS BASIS ONLY AND FOR THEIR OWN LOSSES ONLY. UNDER THIS AGREEMENT, THE USER MAY NOT PROCEED IN COURT AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL SUIT, QUI TAM ACTION OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OR USE OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. THE USER AND THE PUBLISHER ARE EACH WAIVING RESPECTIVE RIGHTS TO PARTICIPATE IN A CLASS ACTION. BY ACCEPTING THIS AGREEMENT, THE USER GIVES UP THEIR RIGHT TO PARTICIPATE IN ANY PAST, PENDING OR FUTURE CLASS ACTION OR ANY OTHER CONSOLIDATED OR REPRESENTATIVE PROCEEDING, INCLUDING ANY PROCEEDING EXISTING AS OF THE DATE YOU AGREED TO THIS AGREEMENT.
11. TERMINATION
    1. Either party may end this Agreement at any time by written notice in accordance with these Terms.
    2. The User must immediately cease using the Software and remove it from its Computer System on termination of this Agreement.
    3. Expiry or termination of this agreement is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this agreement up to the date of expiry or termination.
    4. All provisions of this Agreement which by their nature should survive termination shall survive termination, including intellectual property rights, limitation of liability, disclaimer of warranty and indemnification.
12. NOTICES
    1. The User can direct notices, enquiries and complaints to the Publisher as set out in this Agreement. The Publisher will notify the User of a change of details from time-to-time.
    2. The Publisher will send the User notices and other correspondence to the details that the User submits to the Publisher, or that the User notifies the Publisher of from time-to-time. It is the User’s responsibility to update its contact details as they change.
    3. A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.
13. GENERAL
    1. This Agreement is formed when the User acknowledges their consent to this Agreement, whether done electronically or physically.
    2. The User may not assign or otherwise create an interest in their rights under this Agreement.
    3. The Publisher may assign or otherwise create an interest in its rights under this Agreement by giving the User written notice.
    4. This Agreement supersedes any previous agreement between the parties relating to use of the Software, Game and Website.
    5. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.
    6. The relationship of the parties to this Agreement does not form a joint venture or partnership.
    7. No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
    8. Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.
    9. If this Agreement is inconsistent with any other document or agreement between the parties, this document prevails to the extent of the inconsistency.
    10. Any clause of this Agreement, which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.
    11. This Agreement is governed by the laws of New South Wales Australia, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.

GOLD PIECE TERMS & CONDITIONS

1. DEFINITIONS AND INTERPRETATION
   1. Definitions. The following definitions apply in this document:
      1. Game means the “DARKTIMES” multiplayer game as described on the Website.
      2. Gold Pieces means the virtual in-game currency of the Game.
      3. Publisher means Little Giant Co Pty Ltd ACN 688 518 416.
      4. Software means the “DARKTIMES” downloadable computer gaming software.
      5. SRL means Social Republic Limited, a company incorporated in the British Virgin Islands.
      6. Sui Blockchain means the distributed ledger blockchain developed and promoted by the Sui Foundation as described at sui.io.
      7. Sui Wallet means a digital wallet compatible with storing, receiving and transferring tokens on the Sui Blockchain.
      8. Terms & Conditions means these Gold Piece Terms & Conditions.
      9. User means the holder of a Sui Wallet.
      10. User Data means all information, data and other such materials that belong to the User.
      11. Website means the website operated by the Publisher at playdarktimes.com.
      12. $TIMES means the $TIMES crypto token issued by SRL.
   2. Interpretation. The following rules apply in these Terms & Conditions unless the context requires otherwise:
      1. Headings are only for convenience and do not affect interpretation.
      2. The singular includes the plural and the opposite also applies.
      3. If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.
      4. A reference to a clause refers to clauses in these Terms & Conditions.
      5. A reference to legislation is to that legislation as amended, reenacted or replaced, and includes any subordinate legislation issued under it.
      6. Mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included.
      7. A reference to a party to these Terms & Conditions or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives).
      8. A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
      9. A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.
2. TRANSFER TERMS & CONDITIONS
   1. Any transfer of $TIMES between SRL and the User is subject to these Terms & Conditions, and the User agrees to these Terms & Conditions as a condition of any transfer. To the extent the User does not agree to these Terms & Conditions, it must not receive or initiate any transfer of $TIMES with SRL.
   2. Subject to any advertised limitations or restrictions, the User may, subject to SRL’s consent:
      1. transfer one $TIMES to SRL for one Gold Piece; and/or
      2. transfer one Gold Piece earned in the Game to SRL for one $TIMES.
   3. $TIMES can only be transferred to a Sui Wallet connected to the Game via the Software.
   4. The User and SRL agree that any transfer under clause 2.2 is a transfer exclusively between the User and SRL (and not the Publisher).
   5. The User holds the Publisher harmless, and releases the Publisher, from all liability with respect any transfer of $TIMES or Gold Pieces with SRL.
   6. Gold Pieces do not have a financial value and they are not a substitute for real currency and have no equivalent value in any real currency. Gold Pieces cannot be redeemed for any real currency, and the SRL is not obligated to exchange or redeem a User’s Gold Pieces for anything else of value.
   7. All blockchain transactions contain inherent risk and SRL is not liable to the User for any loss or damage suffered by the User entering into any on-chain transactions.
   8. The User authorises the SRL to share with the Publisher the details of the User’s activity with SRL for the purpose of operating the Game (including the verification of exchanges and transactions).
   9. These Terms & Conditions do not form a standing offer and SRL can refuse to enter into any transfer with any person at any time for any reason in its absolute discretion without penalty or liability.
3. LIMITATION OF LIABILITY
   1. THE USER ACKNOWLEDGES THAT ANY IN-GAME GOLD PIECES HAVE NO FINANCIAL VALUE AND THAT $TIMES HAS NO FINANCIAL VALUE.
   2. IN NO CIRCUMSTANCES WILL SRL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, LOSS OR CORRUPTION OF DATA, LOSS OF PROFITS, OR ANY OTHER SIMILAR OR ANALOGOUS LOSS RESULTING FROM THE USER’S ACCESS TO, OR USE OF, OR INABILITY TO USE $TIMES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, IN EQUITY OR ANY OTHER LEGAL THEORY, INCLUDING FOR THE LOSS OF ANY GOLD PIECES.
4. CLASS ACTION WAIVER
   1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE USER NOR SRL SHALL BE ENTITLED TO LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY. THE USER ONLY LITIGATE ON AN INDIVIDUAL CLAIMS BASIS ONLY AND FOR THEIR OWN LOSSES ONLY. UNDER THIS AGREEMENT, A USER MAY NOT PROCEED IN COURT AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL SUIT, QUI TAM ACTION OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OR USE OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. THE USER AN SRL ARE EACH WAIVING RESPECTIVE RIGHTS TO PARTICIPATE IN A CLASS ACTION. BY ACCEPTING THIS AGREEMENT, THE USER GIVES UP YOUR RIGHT TO PARTICIPATE IN ANY PAST, PENDING OR FUTURE CLASS ACTION OR ANY OTHER CONSOLIDATED OR REPRESENTATIVE PROCEEDING, INCLUDING ANY PROCEEDING EXISTING AS OF THE DATE YOU AGREED TO THIS AGREEMENT.
5. GENERAL
   1. No sale or purchase of goods or services is deemed by virtue of these Terms & Conditions.
   2. No clause of these Terms & Conditions will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
   3. Any clause of these Terms & Conditions, which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of these Terms & Conditions.
   4. This Agreement is governed by the laws of British Virgin Islands. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.