Our Services may include digital items and content such as in-game cosmetics, boosters that help you advance or other in-game enhancements, inter alia (“Virtual In-Game Objects”). Our Services may also include virtual, in-game currencies such as “coins”, “cash”, “gold”, “diamonds”, inter alia (“Virtual Currencies”). Virtual Currencies may be used or spent to obtain Virtual In-Game Objects, and in rare cases, vice versa. Virtual In-Game Objects and Virtual Currencies (collectively, “Virtual Items”) may be, inter alia, obtained through gameplay, by watching advertisements and/or by completing offers or certain steps. Virtual Items may also be purchased with “real money” or currency-like credits held by you with a third-party provider. Virtual Items exist only within our Services and have no monetary value, regardless of quantity, meaning that they can at no time be exchanged for real money, real goods or real services from PACTION GAMES or anyone else.

You do not purchase and own Virtual Items, but instead you purchase a personal, limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to use such Virtual Items for your non-commercial and personal use in the Services. We reserve the right to control, regulate, change or remove any Virtual Items without notice and without any liability to you.

Unless we explicitly permit otherwise, you acknowledge and agree that you may not transfer or attempt to transfer Virtual Items to or with anyone else, and that any such transfer or attempted transfer may lead to the termination of your account as well as any Virtual Items associated with that account.

If you request that your personal data should be deleted in accordance with our Privacy Policy, you will permanently lose your account as well as any Virtual Items associated with that account. We are under no obligation to compensate you for any losses you may suffer.

You accept that if you delete your account, or if we delete your account in accordance with these Terms of Service, or if your account is deleted due to a suspension or termination of the Services or parts of the Services, you will lose access to any data previously associated with your account including any Virtual Items you have acquired, whether through play or purchase(s). PACTION GAMES is under no obligation to compensate you for any such losses or consequences.

If applicable, we highly encourage users to connect the Services with their account at App Stores or SNS as such action will make backups of data possible. If you choose not to connect or create your account within the Services to or with App Stores or SNS or if such account creation or account coupling is not available or possible, we may not be able to restore any Virtual Items or other data associated with the Services to a different device if you lose your first device, if your first device is damaged or if data gets corrupted. Any risk of loss of Virtual Items, which you have purchased, is transferred to you upon completion of the purchase, and any risk of loss of Virtual Items, which you have not purchased, is transferred to you at the time the Virtual Items are credited to your account and/or device. Any risk of loss of any other data previously associated with your account, including, but not limited to, your progress, the level or score you may have reached, is transferred to you immediately at the time such data is generated.

You may only purchase Virtual Items from PACTION GAMES or authorised partners, such as selected App Stores or SNS, through the Services.

If you are a resident of or in the United States, this provision regarding binding arbitration applies to you.

If we cannot resolve the dispute informally, we and you agree to resolve all disputes and claims between us through binding arbitration.

Any dispute, claim or controversy of any kind between PACTION GAMES and you arising out of or relating to these Terms of Service and our Privacy Policy (including its interpretation, formation, performance and breach), the parties’ relationship with each other or your use of any of our Services shall be finally resolved by binding arbitration, conducted by a single arbitrator, governed by JAMS pursuant to its Comprehensive Arbitration Rules & Procedures (“JAMS Rules”), however, excluding any rules or procedures governing or permitting class actions. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act will apply to the interpretation, applicability, enforceability and formation of these Terms of Service irrespective of any other choice of law provision contained in these Terms of Service.

The arbitrator, and not any federal, state, or local court or agency, has exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of the Terms of Service, including any claim that all or any part of the Terms of Service or the Privacy Policy is void or voidable, or whether a claim is subject to arbitration. The arbitrator is empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The JAMS Rules governing the arbitration may be accessed at http://www.jamsadr.com/ or by calling JAMS at (800) 352-5267. Your arbitration fees and your share of arbitrator compensation will be governed by the JAMS Rules and, to the extent applicable, the Consumer Minimum Standards, including the then-current limit on arbitration filing fees. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. You understand that without this mandatory provision, you would have had the right to sue in court and have a jury trial. You also understand that in some instances the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.

If you are a resident of the United States, the arbitration will take place at any reasonable location within the United States convenient for you, typically not requiring travel in excess of 100 miles from your home or place of business.

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, or trade secret misappropriation. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. For the avoidance of doubt, claims related to the license granted to you of our Services, are not exempt from the arbitration clause.

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the sections above and below, by sending a written notice of your decision to opt-out to the following address: Paction Games ApS, Sct Hansgade 45B, 4100 Ringsted, Denmark, or to mail@pactiongames.com. The notice must be sent within 45 business days of the earlier of 1) your first download of the applicable Services or 2) commencing use of our Services. Please note, that if you opt-out of these arbitration provisions, we also will not be bound by them.