Terms of Service

Terms of Service

Last updated: July 20, 2022

Please read the Terms of Service Agreement (“Agreement”) carefully, as it constitutes the agreement and understanding with respect to the use of any or all of the Services and any manner of accessing them, between Gun Raiders Entertainment Inc. (“Gun Raiders”, “us”, “our” or “we”) and the person, persons, or entity (“you” or “your”). The terms of this Agreement apply to any access and use of our application website, mobile app, platform, and any of our products, software and services offered through the service or otherwise made available by us or any of its affiliated or partner companies (collectively, the “Services”).

We provide the Services solely on the terms and conditions set forth in this Agreement, including any changes, and on the condition that you accept and comply with them. By using the Services, you (a) accept this Agreement and agree that you are legally bound by its terms; and (b) represent and warrant that: (i) you are of legal age to enter into a binding agreement under applicable law; and (ii) if you are a corporation, governmental organization or other legal entity, you have the right, power and authority to enter into this Agreement on behalf of the corporation, governmental organization or other legal entity and bind them to these terms.

 

1. Interpretation and Definitions

 

 

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

  1. Application means the software program provided by the Company downloaded by You on any electronic device, named Gun Raiders.
  2. Application Store means the digital distribution service operated, developed by, but not limited to Facebook Inc. (Oculus Store), Valve Software (Steam), Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
  3. Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  4. Account means a unique account created for You to access our Service or parts of our Service which may be operated and governed by the Device Software Provider.
  5. Content means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services.
  6. Country refers to: British Columbia, Canada.
  7. Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Gun Raiders Entertainment Inc.
  8. Device means any device that can access the Service such as a VR headset, computer, a mobile phone or a digital tablet.
  9. Device Software Provider means the entity that provided the original software that comes with your device which operates and governs the device account, profile, settings and other device settings. This may be a service operated, but not limited by Facebook Inc. (Oculus Store), Valve Software (Steam), Apple Inc. (Apple App Store) or Google Inc. (Google Play Store).
  10. Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
  11. Game Platform means platforms including, but not limited to Oculus and Steam.
  12. In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Game Platforms own terms and conditions.
  13. In-Game Content may include, but not limited to add-ons, features, virtual currency, character skins, weapons, gear, experience boosts or other items that may improve your gaming experience.
  14. License Keys are unique keys that you can either purchase or receive that can grant access to our Application through a Game Platform.
  15. Promotions refer to contests, sweepstakes or other promotions offered through the Service.
  16. Service refers to the Application.
  17. Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  18. Third-Party Hardware means devices that are manufactured, produced and distributed by a unrelated corporation to Gun Raiders. These devices may include but are not limited to: Oculus Quest, Quest 2, Rift and HTC Vive hardware products.
  19. Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  20. Transaction includes purchases to our Application through the Game Platform, a License Key or In-Game Content.
  21. You (referred to as either "You” or “Your" in this Agreement) means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

 

2. Acknowledgement

 

 

  1. These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
  2. You are accessing our Application through certain Device Software Providers which may also act as a download agent, which includes, but is not limited to, platforms like Steam and Oculus (“Game Platforms”). To access, purchase or download our Application through a Game Platform, you must create an account with that Game Platform and you acknowledge and agree that the Game Platform’s terms and conditions may apply to your use of the Game Platform and your use of our Services through the Game Platform. In the event of any conflict between any Game Platform’s terms and conditions and these Terms, these Terms will take priority.
  3. When you access our Services through a Game Platform, we will receive certain information about you from your Gaming Account provided by the Game Platform or Device Software Provider. We may use this information to create an account for your use of our Services, which you may supplement with additional information through the functionality of the Services.
  4. You may use the Services only if you are 13 years or older, capable of forming a binding contract with Gun Raiders, and are not barred from using the Services under applicable law.
  5. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

 

3. Eligibility and Agreement

 

 

  1. Legal Age. You hereby represent and warrant that you (a) are of legal age to enter into this Agreement under applicable law; and (b) have not been previously suspended or removed from using our Services.
  2. Legal Entity. If you are using our Services on behalf of a legal entity, you further represent and warrant that (a) the legal entity is duly organized and validly existing under the applicable laws of its jurisdiction of organization; (b) you are authorized on behalf of such legal entity to act on its behalf and to be bound by this Agreement; and (c) are not identified as a “Specially Designated National” or “Politically Exposed Person;” (d) are not placed on the Commerce Department’s Denied Persons List; (e) will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with this Agreement. In order to use our Services, you will be required to provide any requested information to verify and validate you as a legal entity and undergo any requested regulatory and/or compliance checks; and (f) the legal entity must be a resident of the jurisdictions where we operate.
  3. Security. You should never access the Services from an unsecured or public device and/or network. Additionally, there are certain things you cannot do when using the Services, such as engage in illegal, immoral or unethical activities, or do anything that would cause damage to our Services or systems or to our reputation or the reputation of our partners.
  4. Jurisdiction. The Services are intended for use from locations where such Services are legal. Any use by you of the Services from a location where the services are illegal is expressly prohibited. The Services may be used only for lawful purposes and in a lawful manner.

 

4. General Prohibitions and Enforcement of Rights

 

 

You agree not to do any of the following:

  1. use the Services for commercial purposes (such as virtual reality arcades) without Gun Raider’s prior consent or unless specifically permitted by these Terms;
  2. engage in any conduct that we deem objectionable (i.e., cheating), violent, or discriminatory, or that may disrupt another user’s enjoyment of the Services, including by harassing other users (i.e., “trolling”);
  3. remove or bypass any measure that prevents misuse of the Services;
  4. forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
  5. collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
  6. violate any applicable law or regulation; or
  7. encourage or enable any other individual to do any of the foregoing.
  8. Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements.

 

5. User Accounts

 

 

  1. When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service. More information about how you may be able to manage your User Account using your Device may be set out in the Device Software Provider’s own terms and conditions or in your Device's Help settings.

  2. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service, Device Software Provider or a Third-Party Social Media Service.

  3. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

  4. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. This may be operated and governed by the Device Software Provider’s Terms.

 

6. Moderation & Voice Chat

 

 

  1. We’ve empowered our players to help enforce our policies (e.g.the acceptable use and behavioral policies that we publish from time to time on our websites, apps and games) related to certain in-game behavior. For example, players may report each other and submit information about their in-game activity and actions to help us determine if the reported behavior constituted a violation of rules and procedures that apply to player conduct, as well as any potential repercussions (such as temporary or permanent account suspensions or chat restrictions).
  2. We also record and store, and reserve the right (but have no obligation) to monitor voice and text chat and similar details about optional interactions for a period we determine is appropriate to help us, among other things, address disruptive behavior, improve our services, enforce our rules and policies, and foster a more positive gaming community for our players. We engage in these activities to manage our contractual relationship with you, comply with a legal obligation (e.g. to keep the Gun Raiders Services safe and secure), and/or because we have a legitimate interest (e.g. understanding how the Gun Raiders Services are used, keeping them secure, and improving them).
  3. We use both manual (like enabling you to report such behavior through Support tickets) and automated (such as machine learning, transcription, and analysis) tools and techniques to support these efforts.
  4. To enable us to monitor compliance with our policies, we develop template patterns of inappropriate behavior (e.g. abuse, hate speech, cheating, threats, offensive or inappropriate names), which we consider indicative of prohibited behaviors. We do this based upon an analysis of actual behaviors on the Gun Raiders Services. We grade these patterns of inappropriate behavior based upon their severity with different consequences (e.g. temporary or permanent account restrictions or communications restrictions) for players based upon how serious their conduct is. If another player makes a complaint about your behavior, our automated tools use these patterns of inappropriate behavior and grading system to compare your behavior over time with these patterns of inappropriate behavior and, if you have engaged in inappropriate behavior, make a decision as to the consequences for you of your behavior. This primarily helps us enforce our rules and policies, secure the Gun Raiders Services, detect and prevent unauthorized activity, and maintain the competitive integrity of our games.
  5. Our complaints procedure may allow you to appeal a decision. In this case, we may provide you with information that illustrates our rationale and factors that contributed to our decision, along with some tips on how to avoid repeating such behavior in the future. If you still wish to appeal, you may request one of our agents to review your case who will make a final manual determination as to the correct outcome based on the available evidence.


 

7. In-app Purchases

 

 

  1. The Application may include In-app Purchases that allow you to buy products, services or Subscriptions.
  2. More information about how you may be able to manage In-app Purchases using your Device may be set out in the Application or Game Platform’s own terms and conditions or in your Device's Help settings.
  3. In-app Purchases can only be consumed within the Application. If you make an In-app Purchase, that In-app Purchase cannot be cancelled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.
  4. If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified to the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Game Platform directly.
  5. You acknowledge and agree that all billing and transaction processes are handled by the Application or Game Platform from where you downloaded the Application and are governed by that Application or Game Platform’s own terms and conditions.
  6. If you have any payment related issues with In-app Purchases, then you need to contact the Game Platform directly.
  7. Gun Raiders and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights.
  8. We may offer certain upgrades, add-ons, features, and other options, or in-game currency, within and via the Services. In-Game Content may also include access to quests or challenges that allow you to unlock additional rewards. We may offer access to In-Game Content as part of a special event or “season,” and these special events and seasons may be subject to additional terms and conditions. You may purchase access to certain In-Game Content, or receive access to In-Game Content in connection with a purchase. You may also be able to obtain certain In-Game Content without purchase, such as through an event or through gameplay. All In-Game Content is Gun Raiders Content, and any In-Game Content you access or use through our Services remains the property of Gun Raiders. In-Game Content has no monetary value and is not redeemable or refundable for any “real world” money or anything of monetary value. You cannot transfer, sell, or exchange In-Game Content. 
  9. Your access to and use of In-Game Content is subject to the license terms and restriction set forth in these Terms, and we may revoke your license to such In-Game Content at any time consistent with these Terms with no liability to you. Additional restrictions may apply to your use of In-Game Content, including any restrictions related to the functionality of the Application or that may be communicated to you separately via the Application or our other Services. We may in our sole discretion modify, substitute, replace, suspend, cancel or eliminate any In-Game Content, including your ability to access or use In-Game Content, without notice or liability to you.   
  10. We may offer for purchase or otherwise make available unique keys that you can use to access our Application through a Game Platform. License Keys are personal to you, and may not be transferred or sold. If we reasonably believe that you have engaged in fraud or otherwise violated these Terms, we may disable a License Key, or otherwise revoke your rights to use our Application in connection with a License Key. License Keys are not redeemable for money or anything with monetary value.
  11. Subject to your compliance with these Terms, Gun Raiders grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, (i) to access and view the Content (including any In-Game Content you have purchased or otherwise obtained access to in accordance with these Terms); (ii) if you have a valid License Key to use an Application, or you have purchased an Application through a Game Platform, to download and install that Application on a computer or device you own or control; in each case of (i) and (ii) solely in connection with your permitted use of the Services. Except as expressly permitted in these Terms, you may not: (w) copy, modify or create derivative works based on the Services; (x) distribute, transfer, sublicense, lease, lend or rent our Services to any third party; (y) reverse engineer, decompile or disassemble the Services; or (z) make the functionality of the Services available to multiple users through any means. Gun Raiders reserves all rights in and to the Services, including our Application and Content, not expressly granted to you under these Terms.

 

8. Payments
 

 

  1. When you purchase access to our Application through a Game Platform, or a License Key, or In-Game Content, you expressly authorize the Game Platforms (or the Game Platforms’ third-party payment processors) to charge you for such Transaction. They may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification. You acknowledge and agree that the Game Platforms’ terms and conditions may also apply to your Transaction. When you initiate a Transaction, you authorize the Game Platforms to provide your Payment Information to third parties so they can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). SUBJECT TO THE REFUND POLICY OF THE RELEVANT GAME PLATFORM, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR PURCHASE AT ANY TIME. But if something unexpected happens in the course of completing a Transaction, the Game Platforms reserve the right to cancel your Transaction for any reason and, if they cancel your Transaction, they’ll refund any payment you have already remitted to them for such Transaction.

 

9. Streaming

 

 

  1. We welcome and encourage you to stream your experiences with our Application provided you: (i) limit such streaming to non-commercial purposes; (ii) do not charge a fee for viewing or access to your streamed content; (iii) maintain your stream within the “T” guidelines of the ESRB (e.g., no swearing or nudity) or similar rating boards; (iv) do not host competitions without our express written consent, which may be subject to further requirements; and (v) clearly indicate when your stream is being sponsored by including the persistent text “Sponsored By _______” (inserting your sponsor’s name) in your stream. 

 

10. Beta Testing 

 

 

  1. From time to time, we may offer a beta version of our Services (“Beta”). Betas are not guaranteed to work properly, and may cause malfunctions or other issues with your computer or other device or system. When you use a Beta, you acknowledge and agree to the following additional terms: (a) Gun Raiders may automatically delete or modify any software, data, Content, or other materials or information related to the Beta, including those stored on your computer, for any reason at any time; (b) Gun Raiders may discontinue or terminate your access to a Beta at any time, which would render your Beta unplayable or unable to function properly; (c) if Gun Raiders discontinues or terminates a Beta, you will delete any local instance of the Beta on your computer and all Content, data, materials and other information you received from Gun Raiders in connection with the Beta; (d) you will have no rights to any compensation based on your participation in a Beta; and (e) your participation in a Beta does not entitle you to receive access to the full commercial version of the Game or other portion of our Service, and you may be required to separately purchase the full commercial version.

 

11. Promotions

 

 

  1. Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
  2. If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

 

12. Intellectual Property

 

 

  1. The Service and its original content features and functionality are and will remain the exclusive property of the Company and its licensors.
  2. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
  3. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

 

13. Your Feedback to Us

 

 

  1. You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

 

14. Links to Other Websites

 

 

  1. Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

 

15. Termination

 

 

  1. We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

  2. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

 

 

16. Indemnification 

 

 

  1. To the fullest extent allowed by applicable law, you agree to indemnify, defend and hold us and its parent, affiliates, and subsidiaries, and each of their respective directors, officers, employees, agents, consultants, partners, and licensors, harmless against any and all claims, costs, losses, damages, liabilities, judgments and expenses (including reasonable legal and other professional fees and any losses, fines, fees, or penalties imposed by any regulatory authority) arising from or in any way related to your use of the Services, your violation of this Agreement, or your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle such action or proceeding. This provision shall survive the termination of this Agreement.


 

17. Limitation of Liability

 

 

  1. NEITHER GUN RAIDERS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GUN RAIDERS OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

  2. USE OF OUR APPLICATION AND ANY THIRD-PARTY HARDWARE MAY AFFECT HEART AND BREATHING RATE, CAUSE UNINTENDED SIDE EFFECTS SUCH AS MOTION SICKNESS OR DISORIENTATION, OR AGGRAVATE PRE-EXISTING MEDICAL CONDITIONS. YOU EXPRESSLY WAIVE GUN RAIDER’S LIABILITY FOR RISKS INHERENT IN THE USE OF OUR APPLICATION, AND GUN RAIDERS WILL NOT BE LIABLE TO YOU FOR ANY CAUSE OF ACTION OR UNDER ANY THEORY OF LIABILITY ARISING FROM SUCH RISKS.

  3. IN NO EVENT WILL GUN RAIDER’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO GUN RAIDERS FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS (US$100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO GUN RAIDERS, AS APPLICABLE.

  4. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GUN RAIDERS AND YOU.


 

18. Warranty Disclaimers

 

 

  1. Disclaimers with Respect to Our Services and Content. THE SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

  2. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY OF THE COMPANY'S PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

  3. Disclaimers with Respect to Third-Party Hardware. Our Services, including our Application, may require the use of third-party hardware, including headsets or sensors (e.g., Oculus Quest, Quest 2, Rift or HTC Vive hardware products) (“Third-Party Hardware”). You acknowledge and agree that Gun Raiders is not responsible for Third-Party Hardware, including any damages or malfunctions that arise from your use of our Services in connection with such Third-Party Hardware. You acknowledge and agree that you are solely responsible for reading any warnings or instructions provided with Third-Party Hardware, and for ensuring that your use of our Services, including our Application, complies with such instructions.
  4. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

 

 

19. Governing Law

 

 

  1. This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein (without regard to the conflicts of laws rules of the Province of British Columbia). Subject to the dispute resolution provisions of this Agreement, each of the parties hereby attorns to the non-exclusive jurisdiction of the courts in the Province of British Columbia, Canada and agrees that any action related to this Agreement must be brought in a court in the Province of British Columbia, Canada and waives any objection it has or may have in the future with respect to any of the foregoing.

 

20. Disputes Resolution

 

If a dispute arises between you and us:

  1. Contact us First. You agree to contact us before taking any further action. Our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly.
  2. Good Faith Attempts to Resolve. You and us each agree to make reasonable good faith efforts to settle any dispute, claim or controversy arising out of or relating to this Agreement by discussion and negotiation.
  3. Class Action Waiver.  YOU AND GUN RAIDERS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.  If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

 

21. General Provisions

 

 

  1. Entire Agreement. These Terms and any other document referred to in these Terms constitute the entire agreement between Gun Raiders and you regarding the Services and Content. These Terms supersede and replace any and all prior oral or written understandings or agreements between Gun Raiders and you regarding the Services and Content.

  2. Severability.  To the extent the applicable law permits, the provisions of these Terms will be interpreted to the maximum extent possible.  If any of the provisions in these Terms are held unenforceable, the remaining provisions will not be affected.

  3. No assignment. You may not assign or transfer these Terms to another person.

  4. Notices. Any notices or other communications provided by Gun Raiders under these Terms, including those regarding modifications to these Terms, will be given (at our sole discretion): (i) via email; (ii) within the Game itself, or (ii) by posting on our Site.

  5. No Waiver. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of that right or provision.
  6. Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including without limitation, indemnities and limitations of liability, shall survive the termination or expiration of this Agreement.
  7. Changes to Terms of Service. We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

  8. Contact Us. If you have any questions about these Terms and Conditions, You can contact us: [email protected]