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Terms Of Service

Terms of Services
 

Effective Date: 1st Feb 2023

 

1.  Terms

The terms of this agreement (“Terms of Services” or “Agreement”) govern the relationship between you and Elixir Gamelabs, its subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership, and/or any of their agents, consultants, employees, officers and directors (collectively, “Elixir Gamelabs” or “We” or “Us”) and applies to your access to and use of our website, https://www.elixirgamelabs.com, and any other mobile applications, websites, games and/or any services related to games that are made available by Elixir Gamelabs on the Apple App Store, Google Play App Store, any distribution Partners web and mobile platforms Amazon App Store or on Facebook (collectively, the “Services”).

When you access the Services, you may be required to register an account (“Account”). When you register an Account or when you use or access our Services in any capacity, you represent that you are at least 13 years old (or at least 16, if you reside in the EU) and that you understand and agree to these Terms of Service. If you are under the age of 18, you agree that you have gotten permission from a parent or guardian to use our Services. If you access the Services through a third-party platform like Apple, Google, [Amazon] and/or from a Social Networking Site (“SNS”) such as Facebook or Google, you are obligated to comply with the third-parties terms and conditions as well as these Terms of Services.

Our collection and use of personal information in connection with the Services is described in our Privacy Policy, which is incorporated by reference into these Terms.

This is a legally binding agreement, and you should read it carefully. By installing, using, or otherwise accessing our Services, you confirm your agreement to be bound by these Terms. If you do not agree with any of these terms, you may not install, use, or otherwise access our Services. Use of the Services is void where prohibited.

 

2.   Changes to Terms or Services
 

Elixir Gamelabs reserves the right to amend, change, modify, add or remove portions of the Terms of Services and Privacy Policy at any time, at its sole discretion, by posting the updated version on its website and within the games. You will be deemed to have accepted such changes by continuing to use any of the Services. If at any point you do not agree to any portion of the current version of the Terms of Services or the Privacy Policy, then you must cease your use of the Services, and your license to use the Services will be immediately terminated. For your convenience, the date of the last revision is included at the top of this page. Elixir Gamelabs may make changes to the Services at any time or discontinue your access to the Services at any time without warning and without a refund of any kind. You understand and hereby agree that Elixir Gamelabs may discontinue or restrict your use of the Services for any reason and without notice or compensation.

 

3.   License

 

  3.1. Grant of a limited license to use the Services

The Services are available for use only by authorized end-users in accordance with the terms and conditions set forth in this Agreement. Elixir Gamelabs grants limitations provided herein to access and use the Service using a personal computer for the Service or a mobile device for the Apps solely for your individual, non-commercial entertainment purposes. Except as may be expressly permitted by Elixir Gamelabs, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or derive from the Service.

You shall not create an Account or access the Services if you are under the age of 13; you shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Services by minors and are responsible for any use of your credit card or other payment instruments by minors. If a user is under the age of 18 and over the age of 13, then only a parent or legal guardian may make an account for them, and the parent or legal guardian must consent to this Agreement and Elixir Gamelabs’ privacy policy. Elixir Gamelabs takes the privacy of children very seriously. If you have any reason to believe that the personal information of anyone under the age of 13 has been submitted to Elixir Gamelabs, please contact us immediately and provide us with the necessary information to delete it.

 

  3.2. Conditional License

  • You specifically agree to the following license restrictions in connection with the Services: If you are under the age of 18, or under the age of legal majority in your jurisdiction, you may not access or use our Services without permission from a parent or legal guardian. You may not use our Services in any capacity if you are under 13 years old (or under 16 years old if you reside in the EU). If you help someone who is under 13 (or under 16 years old in the EU) to register for or otherwise use any Services you assume full liability for any consequences and that, under no circumstances including, but not limited to, negligence, neither we nor any third party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of such use.

  • If you have been previously banned from accessing our Services, you are prohibited from re-accessing the Services.

  • You are prohibited from using our Services for commercial purposes.

  • You are prohibited from using our Services to advertise, solicit, or transmit any commercial advertisements, which include but are not limited to chain letters, junk, spam, or repetitive messaging (both targeted and un-targeted).

  • You are prohibited from creating an Account on someone else’s behalf.

  • You are prohibited from creating an Account using inaccurate or false information.

  • You are prohibited from renting, selling, gifting, or giving away your Account or Account- related information.

  • You are prohibited from selling or transferring prizes or rewards obtained in connection with the Services to any other person or entity.

  • You further agree and undertake that under no circumstance will you: Engage in acts that are inappropriate and/or in conflict with the spirit or intent of the Services or these Terms of Service.

  • Attempt to gain unauthorized access to, circumvent, modify, disrupt, overburden, or otherwise impair any aspect of our Services (including Accounts of others) or related technology, devices, systems, or networks.

  • Engage in unlawful, abusive, threatening, obscene, defamatory, libelous, harassing, hateful, violent, racist, or otherwise objectionable or offensive acts, whether by posting and/or transmitting such information through our Services or by any other means (e.g., by posting links to such content).

  • Engage in acts or attempts to abuse, threaten, harm, harass, or advocate or incite harassment and/or violence towards another person, group, our employee(s), or our Services, or engage in any acts in violation of other publicly posted Elixir Gamelabs policies (e.g. forum rules).

  • Use our Services to post, supply or make available any material or information that infringes on any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or any other right of a person or entity.

  • Use our Services to post, display, or transmit any other person or entity’s private information, including personally identifiable and/or financial information.

  • Copy or reproduce (except as expressly permitted), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Services.

  • Scrape, harvest, or extract data from the Services.

  • Seek to obtain advantage or information from our Services using methods not expressly permitted by Elixir Gamelabs.

  • Engage in solicitation or attempted solicitation of personal information from other users of our Services.

  • Institute, engage in, assist with, or become involved in any form of attacks upon our Services, including but not limited to denial of service attacks, creation or distribution of viruses or malware, or attempts to disrupt our Services or others’ enjoyment of our Services.

  • Create, use, offer, promote, advertise, make available, and/or distribute exploits, cheats, bots, software, hacks, mods, or any unauthorized third-party code or software that can be used to interfere with, alter or modify our Services, or that can be used in conjunction with our Services.

  • Impersonate another person, including without limitation any other user or any Elixir Gamelabs employee.

  • Use our Services to violate any applicable law or regulation.

  • Use our Services for any activities other than what is reasonably considered the common and usual activities associated with the Services for general entertainment.

Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Services shall be construed as conferring any license to intellectual property rights. Elixir Gamelabs reserves the right to determine whether one's conduct violates this Agreement, including the intent or spirit of the Terms of Services or the Services, at its sole discretion. Elixir Gamelabs also reserves the right to take any action it deems appropriate as a result, which may include forbidding you access to the Services, terminating your account, and/or limiting your access to the Services.

 

  3.3. Login Information and Your Account

To access the Services, you may need to create a user Account, and you will be required to select a password (“Login Information”). You are responsible for all transactions in your Account, including, but not limited, to the use of your credit card and other payment systems. Thus, Elixir Gamelabs strongly encourages you to keep your password safe and never to give your Account information to anyone else. If another user you share your Account with makes purchases on your Account with your purchase information, then you will be responsible for that purchase.

 

  3.4. License Term

The term of the licenses granted to you under this Terms of Services shall commence on the date you accept this Terms of Services and install or otherwise use the Services and ends on the earlier date of either your disposal of the license or termination of this Terms of Services by Elixir Gamelabs.

 

  3.5. Suspension and Termination of Services

Without limitation to any other remedies, Elixir Gamelabs may delete, suspend, terminate, limit, or modify accounts or access to the services or any portions thereof if Elixir Gamelabs suspects or if you have failed to comply with any of the Terms of Services, for any suspected or actual illegal activity, improper use of the Services, with or without any notice to you. Such actions may result in the loss of your account, information, persona, benefits, and in-game purchases. Elixir Gamelabs is not and will not be held responsible for any information, persona, rankings, benefits, and losses incurred and is under no obligation to compensate you for any of this.

Elixir Gamelabs may also stop offering and/or supporting the Services, including, but not limited to, any particular game or part of the Services at any time, at which point your license to use the Services or a part thereof will be automatically terminated. In such an event, Elixir Gamelabs shall not be required to provide refunds, benefits, or other compensation to users in connection with such discontinued or terminated Services. Such actions may also result in the termination of your Account, and disabling of your access to the Services or any part thereof, including any content that may have or was in the process of being submitted.

 

4.   Ownership and User Content

  4.1. Games and Services

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

Notwithstanding any provision to the contrary herein, you also acknowledge and agree that you have no right or title in or to any content that appears in the Services, including without limitation the virtual items appearing or originating in any games, whether earned in a game or purchased from Elixir Gamelabs, or any other attributes associated with an Account or stored on the Services.

 

  4.2. User Accounts

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the account, and you further acknowledge and agree that all rights in and to the account are and will forever be owned by and inure to the benefit of Elixir Gamelabs.

 

  4.3. User Content

“User Content” means any communications, images, and sounds, and all the material, data, and information that you upload or transmit through the Services, or that other users upload or transmit, including, without limitation, any forum postings and/or chat text. You hereby grant to Elixir Gamelabs and its licensors, including, without limitation, its respective successors and assigns, a non-exclusive, perpetual, irrevocable, sub-licensable, transferable, worldwide, paid-up right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform or provide access to electronically broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory and use and practice such User Content as well as all modified and derivative works thereof, without compensation to you. Elixir Gamelabs will not have any liability or responsibility for any user behavior or for monitoring User Content or inappropriate conduct in the Services. Elixir Gamelabs does not screen or monitor User Content submitted on the Services. The users of the Services bear all risks associated with its use, including, but not limited to, exposure to offensive and indecent content.

Though it is not obligated to, Elixir Gamelabs reserves the right in its sole discretion to monitor, prohibit, review, edit, delete and/or disable access to or make unavailable any User Content without notice for any reason or for no reason at any time for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. By accepting the Terms of Services, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including, without limitation, chat text or voice communications.

 

  4.4. Public Forums

Elixir Gamelabs provides fun pages, forums, blogs, and chat features in the Services, in which users can post information. Users may post topics of interest, general information, comments, and sometimes even personal information on these mediums. You understand that Elixir Gamelabs is not responsible for any information posted in the Services or whether others will view your information, comments, and topics in the same light. Please do not submit, upload, write, or transmit any information in the Services you deem to be confidential. Elixir Gamelabs does not and will not bear any responsibility or liability for the use of any such information. Furthermore, no compensation will be provided for any ideas, schemes, or uses of any information provided in these mediums.

 

  4.5. User Interactions

You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services or the games. Elixir Gamelabs reserves the right but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Elixir Gamelabs to investigate any suspected unlawful, fraudulent, or improper activity, including, without limitation, granting Elixir Gamelabs access to any password-protected portions of your Account.

If you have a dispute with one or more users, you release us (and Elixir Gamelabs’ officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

 

5.   Fees and Purchase Terms

 

  5.1. Virtual Items

You may purchase with “real world” money a limited, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency,” including but not limited to virtual cash, in-game coins, and all other kinds of in-game monies, all for use in the games; (b) virtual in-game items (a virtual currency and virtual in-game items referred to collectively as “Virtual Items”); and (c) other goods or services (“Merchandise”) within the Services for your personal and non-commercial entertainment. You are only allowed to purchase Virtual Items from Elixir Gamelabs or its authorized partners through the Services, not in any other way.

You understand that Elixir Gamelabs has the absolute right to manage, regulate, control, modify or eliminate Virtual Items and may revoke your access to them at any time and for any reason, with or without notice. Elixir Gamelabs shall have no liability to you or any Third Party in the event that Elixir Gamelabs exercises any such rights. You have no claim, right, title, proprietary or ownership interest in any of the Virtual Items regardless of any consideration paid for those virtual items.

Except when explicitly authorized by Elixir Gamelabs, (i) transfers of Virtual Items to other user accounts are strictly prohibited; (ii) outside of the Services, you may not buy or sell any Virtual Items for “real world” money or otherwise exchange items for value; and (iii) Elixir Gamelabs does not recognize any such purported transfers of Virtual Items or the purported sale, gift or trade in the “real world” of anything that appears in the Services. Any attempt to do any of the foregoing is in violation of these Terms of Services and will result in the automatic termination of your rights to use the Virtual Items and may result in the termination of your Account. All Virtual Items are forfeited if your Account is terminated or suspended for any reason, or if Elixir Gamelabs discontinues providing the Services.

You agree and undertake that you will not assert or bring any claim against Elixir Gamelabs, its affiliates, directors, officers, employees, agents, or licensors relating to (i) a claim that you own any Virtual Items; or (ii) a claim for an alleged monetary value of Virtual Items lost upon deletion or suspension of your account or modification, termination or expiration of these terms.

 

  5.2. Fees, Refunds, and Return Policy

All sales through the Service are final. You acknowledge and agree that any applicable fees and other charges (including, without limitation, virtual items) are not refundable in whole or in part. You are fully liable for all charges to your account, including any unauthorized charges. Elixir Gamelabs does not issue any refunds or offer any exchanges of any products purchased on or through the Services.

IN ADDITION TO THE FOREGOING, YOU ACKNOWLEDGE THAT, EXCEPT AS OTHERWISE SET FORTH UNDER APPLICABLE LAW, YOU WILL NOT BE REFUNDED, RECEIVE MONEY, OR BE OTHERWISE COMPENSATED FOR UNUSED VIRTUAL ITEMS OR OTHER GAME ASSETS WHEN THE SERVICES ARE TERMINATED FOR ANY REASON AND WITHOUT NOTICE OR AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

Elixir Gamelabs may, at any time, revise or change the pricing, availability, specifications, content, descriptions, or features of the game or any products sold through the Services. The inclusion of any products through the Services at a particular time does not imply or warrant that these products will be available at any other time. All such changes will be effective immediately upon posting of such new product prices to the Services.

 

6.   Updates to the Services

You acknowledge and agree that Elixir Gamelabs may update the Services and the games you have installed on your computer or mobile device with or without notifying you.

 

7.   Third-party Services

The Services or/and the games may include links to third-party services and/or the third-party services may be made available to you via the Services or the games. The third-party services may include but are not limited to, gameplay recording and sharing, social medial connectivity, and the like. You acknowledge and agree that third-party services are subject to respective third-party terms and conditions. Please read these third-party terms and conditions because they constitute an agreement between you and the applicable third-party service provider.

 

8.   Feedback

Elixir Gamelabs welcomes feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at support@elixirgamelabs.com or by posting your Feedback on “Customer Review” within the games or on the app-store pages. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to Elixir Gamelabs to copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

 

9.   Warranty Disclaimers

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

 

10.   Limitation of Liability

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

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of these disclaimers and limitations may not apply to you. To the extent that Elixir Gamelabs may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Elixir Gamelabs’ liability shall be the minimum permitted under such applicable law. In particular, nothing in these Terms of Services shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any fraud of Elixir Gamelabs.

 

11.   Indemnity

You agree to indemnify, defend and hold Elixir Gamelabs harmless from any claim, demand, damages, or other losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of any breach by you of this Terms of Services. Elixir Gamelabs reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Elixir Gamelabs, and you agree to cooperate with Elixir Gamelabs’ defense of these claims. Elixir Gamelabs will make reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Services.

 

12.   Dispute Resolution and Applicable Law

If a dispute arises between you and Elixir Gamelabs, Elixir Gamelabs strongly encourages you to first contact Elixir Gamelabs directly to seek a resolution by opening a help ticket directly in-game via the help section or contact Elixir Gamelabs at support@elixirgamelabs.com.

You agree that all disputes between you and Elixir Gamelabs shall be governed by the laws of the United States by a court located in the state of Florida without regard to conflict of law provisions, and you agree to submit to the jurisdiction of such court.

 

13.   No Class Actions

You and Elixir Gamelabs can only bring a claim against each other on an individual basis. BY AGREEING TO THESE TERMS OF SERVICES, YOU UNDERSTAND AND AGREE THAT YOU WAIVE THE RIGHT TO A CLASS ACTION AND CAN ONLY BRING CLAIMS AGAINST Elixir Gamelabs IN YOUR INDIVIDUAL CAPACITY.

That means:

neither you nor Elixir Gamelabs may bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action;

the arbitrator or court cannot combine more than one person’s claim into a single case and cannot preside over any consolidated, class, or representative arbitration proceeding (unless you and Elixir Gamelabs both agree to change this); and

the arbitrator’s or court’s decision or award in one person’s case can only impact the person who brought the claim, not other users of the Services, and cannot be used to decide other disputes with other users.

 

14.   Severability

If any portion of these Terms of Services or of the Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

 

15.   Assignment

Elixir Gamelabs may assign or delegate these Terms of Services and/or the Privacy Policy, in whole or in part, to any person or entity at any time, with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Services or Privacy Policy without Elixir Gamelabs’ prior written consent, and any unauthorized assignment and delegation by you is ineffective.

 

16.   Supplemental Policies

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

 

17.   Entire Agreement

The Terms of Services and Privacy Policy contain the entire understanding of you and Elixir Gamelabs and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral, or written, or whether established by custom, practice, policy, or precedent, between you and us with respect to the Services.

 

18.   No Waiver

The failure of Elixir Gamelabs to require or enforce strict performance by you of any provision of these Terms of Services or the Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Elixir Gamelabs’ right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by Elixir Gamelabs of any provision, condition, or requirement of these Terms of Services or the Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.

Except as expressly and specifically, set forth in these Terms of Services, no representations, statements, consents, waivers or other acts or omissions by Elixir Gamelabs shall be deemed a modification of these Terms of Services nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Elixir Gamelabs.

 

19.   Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms of Services to Elixir Gamelabs are of a unique and irreplaceable nature, the loss of which shall irreparably harm Elixir Gamelabs and that cannot be replaced by monetary damages alone, so that Elixir Gamelabs shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief or to enjoin or restrain the operation of the Services or the games, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages (if any), limited by Sections 5.2 and 11.

 

20.   Force Majeure

Elixir Gamelabs shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond Elixir Gamelabs’ control such as natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

 

21.   Partnership

You agree that your use of the Services does not constitute any joint venture, partnership, employment, or an agency relationship between you and Elixir Gamelabs as a result of this Agreement.

 

22.   Notices

Elixir Gamelabs may notify you via postings on https://www.elixirgamelabs.com, on app-store pages of the games, on Social Networking Sites, in the games, and via e-mail or any other communication means using the contact information you provide to us. All notices given by you or required from you under these Terms of Services or the Privacy Policy will be done to https://www.elixirgamelabs.com and will include your full name and a detailed description of why you are contacting Elixir Gamelabs.

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