Welcome to lit-games.com! LIT-GAMEZ (collectively with its affiliates and subsidiaries, “LIT GAMEZ”, “we”, “our” or “us”) is a global gaming company headquartered in CONSTANTA, ROMANIA. At LIT GAMEZ, our goal is to create great stories, characters and experiences to connect people of all ages and help build understanding throughout the world. In doing so, we strive to foster an inclusive, diverse and safe environment for our players and we ask the same of our player community.

These terms of use (“Terms”) govern your access to and use of LIT GAMEZ’s website, including our home page, https://lit-games.com/ and its respective subdomains (the “Site”), our web and mobile-based games and applications (“Games”), the services available thereon, including without limitation, the services which enable you to play the Games and interact with other players (the “Services”), and any information, data, text, graphics, photos, videos or other materials uploaded, downloaded or available on or through the Services (collectively, the “Content”).

BY ACCESSING OR USING THE SITE, SERVICES OR CONTENT, DOWNLOADING OR INSTALLING THE GAMES, CREATING AN ACCOUNT OR OTHERWISE SUBMITTING INFORMATION TO US, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT SUBMIT INFORMATION TO OR REGISTER AN ACCOUNT WITH US, ACCESS OR USE THE SITE AND SERVICES OR DOWNLOAD OR INSTALL ANY OF THE GAMES OR CONTENT.

In order to agree to these Terms, you need to be (1) old enough to enter into these Terms on your own in your local jurisdiction; and (2) at least 13 years old. Otherwise, you must have your parent or legal guardian’s consent to agree to the Terms and set up an Account. When registering for an Account or updating information in an Account, you agree to provide accurate age information. It is a breach of these Terms to provide LIT GAMEZ with false information, such as false age or date of birth.

Attention Children! IF YOU ARE A CHILD, YOU REPRESENT AND WARRANT THAT YOUR PARENT OR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS AND HAS GUARANTEED YOUR COMPLIANCE WITH THESE TERMS.

Attention Parents and Guardians! If you are a parent or legal guardian of a child and you provide your consent to your child’s access to and use of the Site, Games, Services or Content, you agree to be bound by these Terms in respect thereof and you hereby guarantee that your child shall adhere to these Terms. We provide game rating information through our Site, Games and Services about age appropriateness. We also encourage you to supervise your child’s online activities, review the Content they are accessing and, as appropriate, monitor their social interactions.

1. PRIVACY

By accessing or using the Site, Games or Services, or otherwise accepting or agreeing to these Terms, you consent to the collection, use and disclosure of your personal information by LIT GAMEZ as set out in our Privacy Policy (the “Privacy Policy”), which may be amended from time to time and which is incorporated into these Terms. To learn more about and understand the personal information that LIT GAMEZ collects about you and what we do with it.

ACKNOWLEDGEMENT AND AGREEMENT TO TERMS

By using or accessing the Products and Services in any manner, or otherwise indicating your agreement such as may be required for use of an app, you acknowledge having notice of this policy and agree to the collection, use, and disclosure of your information as described. We may update our policy as we develop our practices and products. If you use any Products and Services or accept the terms after any update, you agree to the terms of the update.

PERSONAL INFORMATION WE COLLECT

We collect personal information for limited purposes, such as to provide the Products and Services, as described below. Personal information is typically described as information used to identify you, or which can be used to identify an individual. We will describe to you the nature of the personal information and the purposes for its collection, use or disclosure at the time or before doing so. We also will use aggregated information or data from which identifiers are removed for various purposes. Categories of Personal Information

Aggregated Data

We also collect, use and share aggregated data which may be derived in whole or in part from personal information. It does not directly or indirectly reveal your identity. Aggregated data may include statistical or demographic data. For example, we may aggregate Game Play Data to track the number of players using particular features and when, as well as the ads they are served.

We use cookies and analytics tools to analyze trends regarding the traffic on our websites, understand our website visitors and user base as a whole, and to collect information about your interests in our Products and Services promoted on our websites. We use tools from:

Google Analytics, a web analytics service provided by Google Inc. which tracks and reports website traffic, including such data as your IP address, general location, device type, browser used, time spent and pages visited.

These tools may remain on your device after you leave our site (until the cookie expires or is deleted by you). You can disable cookies and other tracking technologies by adjusting the settings on your internet browser, however, disabling cookies may affect your ability to access some pages on our websites.

HOW YOUR INFORMATION IS USED

We collect personal information for limited purposes, such as to provide the Products and Services.

How we use your Personal Information and why

We will only use your personal information for the purposes we have explained to you or as listed below, unless we are permitted or required by law. We may use your personal information for the following purposes:

We may use your personal information as required or permitted by law to meet legal and regulatory requirements, as well as to ensure compliance with and identify violations of our Terms of Use.

Marketing Attribution We use third parties to assist us in understanding the interactions you have with various advertising media through our games, apps. This information is used to attribute metrics regarding advertisements and their effectiveness.

If you do not permit ad tracking on your device, you may still be shown advertisements through or Products and Services but they will not be tailored to your preferences in the same way.

If permitted on your device, third party Marketing Attribution partners and Ad Networks may directly collect and process information via cookies and tracking technologies. This is so they can serve you with content that is tailored to your preferences. For more information on how these Marketing Attribution partners and Ad Networks collect and process your personal information, please see the relevant Google, Apple or Microsoft terms relevant to you and the privacy policies of the Ad Networks. For ease of reference, we provide here links to such Ad Networks so you can find out more about how they work and their privacy practices:

Unity Ads https://unity.com/solutions/unity-ads

Facebook Ads Manager https://www.facebook.com/

Vungle https://vungle.com/privacy/

Google AdMob https://policies.google.com/technologies/ads?hl=en-US

No Cross Device Tracking. Although we collect information through various tracking technologies, we do not link information across your different devices and browsers, and do not create a consolidated profile of your cross-device online activity or behaviour.

Other Legal Basis for Use

There may be other legally permitted business reasons we process or use your personal information. For example, we may use and process your personal information to perform a contract we have entered into with you, enforce our contractual rights and exercise our legal obligations, to comply with a legal or regulatory obligation, to investigate and take steps to prevent fraud or breach of a law or contract, or as otherwise permitted by law.

SHARING YOUR PERSONAL INFORMATION

We share information about you for limited purposes only, such as to assist us with our business and the provision of Products and Services to you.

We currently use third party service providers for the following services:

Analytics services (e.g., Google LLC, Facebook Analytics, Unity Analytics);

Any sharing or disclosure of your personal information to a third party service provider will be conditional upon the information being used solely for the purpose for which it has been disclosed. The third party service providers will have access limited to personal information needed to do the specific tasks that they have been hired to do. We do not permit our service providers to sell the personal information shared with them. We also take steps to ensure your personal information remains secure. See our Security Measures section below.

Some of the third party service providers identified in this Policy are located outside of Canada, and your personal information may be stored, accessed or used in the United States and may be subject to the laws and access by government or regulatory organizations in those jurisdictions. As above, if we share your personal information, we will take reasonable steps to ensure that your personal information remains secure and your privacy is protected.

Data transfers for European Data Subjects We are not an establishment under European data protections laws (e.g. the General Data Protection Regulation “GDPR”), however, if you are a European data subject, we take appropriate steps to ensure that we process your personal information in accordance with the GDPR. We are based in Canada, and so rely on the legal ability to transfer data to Canada as a permitted jurisdiction under GDPR. We will seek express consent from European data subjects to data sharing with providers processing personal information outside your jurisdiction. If you do not provide consent, we may not be able to provide the Products and Services you have requested. We also take appropriate steps to ensure that we have implemented appropriate safeguards to protect your personal information and your privacy rights.

A summary of your particular rights as a data subject of a member state pursuant to GDPR is described in the Additional Information for European Data Subjects section below.

If you are a data subject of an EU member state and have questions about our practices or wish to exercise any of your privacy rights, please contact our privacy officer as described below with a written request.

SECURITY MEASURES WE TAKE TO PROECT PERSONAL DATA

We are committed to taking reasonable efforts to secure the information that you provide us, and we use a variety of measures for security. We use security technologies to help protect against unauthorized access to, alteration, disclosure, or destruction of your personal information. We limit access to personal information by those employees who have a business need to have access. Our staff are subject to duties of confidentiality.

We have put in place procedures to deal with any actual or suspected misuse of personal information. Unfortunately, no transmission of personal information can be guaranteed to be 100% secure. Thus, we cannot guarantee or warrant the security of any information you provide to us.

We retain your personal information for as long as your account is active or as needed to provide you with our Products and Services, comply with our legal obligations, such as regulatory requirements, resolve disputes and enforce our rights and agreements.

We use care when destroying or disposing of personal information to prevent unauthorized access, use or disclosure of any personal information.

While we attempt to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining access to information. No method of transmission over the Internet, or method of electronic storage, is 100% secure, so your use of our website and Products and Services is at your own risk. See the Terms of Use which apply to the particular website or app you are using. LIT GAMEZ is not responsible for any failure by you to secure your own devices and their access to the Internet, including but not limited to your use of public, unsecured networks.

CORRECTION AND ACCESS TO YOUR PERSONAL INFORMATION

You may request access to the personal information we hold about you by making a request in writing at the contact information noted below, with sufficient detail to enable us to identify the nature of the personal information being sought. We may ask you to confirm your identity by providing reasonable proof. Access to your personal information may be limited for a number of reasons, which include but are not limited to if it would reveal: personal information about another individual, confidential commercial information, or privileged information.

In appropriate circumstances, we may charge a reasonable fee according to the cost required to retrieve and provide access to the personal information you request. We may provide an estimate of the fee in advance and in some cases, will require a deposit for all or part of the fee. LIT GAMEZ may not provide access to your personal information in all cases where the denial of access is required or authorized by law. If we deny your request for access to your personal information, we will advise you of the reason for the refusal, and will provide the name, title, and contact information of the designated person who can address questions you may have.

You may challenge the accuracy and completeness of your personal information we hold by contacting us through our privacy officer below. In appropriate circumstances, we will amend your information. It is your responsibility to provide any updates to your relevant personal information to LIT GAMEZ in writing.

With respect to data portability rights, we may only be able or have a requirement to port personal information you have provided to us, not any other information. These rights may be restricted for various reasons, including if we are not processing the information by automated means or providing you with the information would prejudice another person’s rights.

LINKED SITES

The Products and Services may contain links to third party websites (the “Linked Sites”) that are not controlled or operated by LIT GAMEZ. The Linked Sites are maintained by the third parties who have their own privacy policies and their own terms and conditions of use. This policy does not apply to any of the Linked Sites and we are not responsible for any information collected, used or disclosed by virtue of your activities on those Linked Sites or for their privacy practices. You are responsible for understanding the privacy practices of those Linked Sites before using them.

CHILDREN’S PRIVACY

LIT GAMEZ recognizes the privacy interests of children. Our Products and Services are not intended for children under the age of 13 and we do not target our Products and Services to children under the age of 13. We do not knowingly collect or use any personal information from children under the age of 13. We encourage parents and guardians to take an active role in their children’s use of our Products and Services. A parent or guardian who becomes aware that their child has provided us with information without consent should contact us at the email address below. We will delete such information from our files within a reasonable time.

If you are between the age of 13 and 18, please obtain your parents’ permission prior to using any of our Products and Services or providing us with any Personal Information.

2. GAMES AND USER ACCOUNTS

Downloading Games and Compatible Devices

The Site and the Services operate on certain operating systems and are available through third party web browsers and, if applicable, third party applications available through application stores on mobile devices. Currently, the Games are available to be downloaded onto mobile devices with iOS and Android operating systems from the Apple Games Store and Google Play, respectively, onto personal computers with OS X, Windows and Linux operating systems from Steam, Huawei AppGallery. You acknowledge and agree that LIT GAMEZ is not responsible for ensuring that your mobile device or personal computer’s software is compatible with the Site, Services or the Games, or that you can use or access the Site, Games or Services through your mobile device or personal computer. In addition, the terms and conditions of the applicable app store from which you are downloading the Games will also apply. We reserve the right to terminate your use of the Games should you use the Games with an incompatible or unauthorized device.

You agree that LIT GAMEZ may enforce these Terms directly, as may the owners of the operating systems on which the Games runs, such as Apple and Google, who will also have the right to enforce these Terms against you as a third party beneficiary thereof. These Terms incorporate by reference Apple’s Licensed Application End User License Agreement, for purposes of which you are “the end-user”, and Google’s Google Play Terms of Service. In the event of a conflict in the terms of Apple’s Licensed Application End User License Agreement or Google’s Google Play Terms of Service, and these Terms, these Terms shall apply.

Electronic Communications

You consent to receive electronic communications from LIT GAMEZ either in the form of email, push notification or in-Games notification to your mobile device or other forms of electronic messages sent to you at the addresses listed on your Account or by communications posted on or notifications through the Site or the Games. You acknowledge and agree that any electronic communication shall satisfy any legal requirement that such communication or notification be in writing. Please see our Privacy Policy for information on how to unsubscribe from certain promotional and marketing electronic communications from LIT GAMEZ.

3. CONTENT OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS

Laws and Regulations

Your access to and use of the Site, Games and Services is subject to all applicable international, national, provincial, state and local laws and regulations. You agree to comply with all applicable laws in relation to your access to and use of the Site, Games and Services.

Virtual Items

From time to time LIT GAMEZ may provide you with opportunities to earn or receive, or offer to sell you, certain products and services including, but not limited to, subscriptions, memberships, and/or licenses to use “virtual” items such as “virtual currency” (including but not limited to virtual cash, tokens, points, units, credits, skins or emotes, all for use within the game accessed through Site, Games and/or Services), free downloadable content, unlockable content, unlock keys, in-game achievements, digital content and other “virtual in-game items” (all such “virtual currency” and “virtual in-game items” being referred to herein as the “Virtual Items”). You acknowledge that Virtual Items are not real items and do not represent real money or any other type of real financial instrument, but rather are virtual items representing a license from LIT GAMEZ to you to access certain features of the Site, Games and/or Services. REGARDLESS OF THE MANNER IN WHICH YOU ACQUIRED THE VIRTUAL ITEMS OR THE CONSIDERATION PAID IN EXCHANGE FOR THE VIRTUAL ITEMS, YOU DO NOT HAVE ANY OWNERSHIP RIGHT IN SUCH VIRTUAL ITEMS.

You agree that LIT GAMEZ may control, modify, discontinue, replace, manage and/or otherwise regulate any Virtual Items, in whole or in part, at any time, with or without notice to you, and with no liability of any kind to you. For example, we may sometimes change the purchasing power of the “virtual currency” (for example, we might increase the number of “virtual currency” needed to purchase “virtual” items such as tokens or emotes). We normally only do this in incremental steps but we may choose to provide you with notice (such as through posts on our Site, Games or Services) if we plan to make changes that will significantly impact your Virtual Items in a negative way. LIT GAMEZ WILL NOT BE LIABLE IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, HACKING OR ANY OTHER DAMAGE OR LOSS OF ANY KIND TO THE VIRTUAL ITEMS, INCLUDING THE DELETION OF VIRTUAL ITEMS UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT OR OUR REASONABLE CHANGES TO THE GAMES OR SERVICES.

Limited End User License

Subject to your strict compliance with these Terms, LIT GAMEZ grants you a limited, revocable, non-exclusive, personal, non-transferable license, without the right to sublicense, to access and use the (i) Site, (ii) Games, (iii) Services, and (iv) Content, as applicable, on a single computer, mobile device or gaming unit, or media platform, including applications downloaded directly from a legitimate marketplace, for your personal non-commercial purposes (the “License”). You shall not acquire any ownership rights in any of the Site, Games, Services or Content, with the exception of any User Generated Content (as defined below). Except as expressly permitted under these Terms, you will have no right to, directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, transmit, modify, adapt, enhance, improve, create any derivative works from the Site, Games or Services, disclose any part or feature of the Site, Games or Services that LIT GAMEZ has not publicly disclosed, or display, distribute, publicly perform or any other way exploit the Site, Games, Services or Content in whole or in part. You acknowledge and agree that we may modify, suspend or remove any Content or features of the Site, Games or Services at any time in our sole discretion.

Data Collection and Ownership

LIT GAMEZ may collect data which is associated with your computer, mobile device, and/or media system platform and which includes, but is not limited to: your IP address, web browser type, operating system of your device, mobile device carrier and manufacturer, mobile device identifier, the sections of the Site and Games that you visit, the date and time of your use of the Site and Games and your in-media time, your actions within the Site and Games, Site and Games crashes and other system activity, and content that you download from the Site and Games (“Usage Data”). You agree that your Usage Data will be owned by LIT GAMEZ without providing additional compensation to you or any other person and without any liability whatsoever. LIT GAMEZ will aggregate Usage Data and treat it in accordance with our Privacy Policy.

User Generated Content

You grant LIT GAMEZ a perpetual, world-wide, royalty free, transferable, sublicensable, non-exclusive, irrevocable license to fully exploit all information, data, text, graphics, photos, videos or other materials that you generate in connection with your use of the Site, Games or Services (“User Generated Content” or “UGC”), without notice or compensation to you of any kind. You hereby irrevocably waive all moral rights in your UGC in favour of LIT GAMEZ and its successors and assigns and for the full term of such rights. The license granted to LIT GAMEZ and the above waiver of moral rights will survive any termination of these Terms.

Suggestions and Feedback

You agree that any and all creative ideas, notes, drawings, suggestions or other information that you may provide to LIT GAMEZ, whether solicited or unsolicited, as a user or otherwise (“Feedback”), is the property of LIT GAMEZ or our content partners and third party licensors, including all intellectual property rights therein, without providing any compensation to you or any other person and without any liability whatsoever. You agree to and do hereby irrevocably assign all intellectual property rights throughout the world and in perpetuity in and to the Feedback to LIT GAMEZ and irrevocably waive all moral rights you may have therein in favour of LIT GAMEZ and its successors and assigns and for the full term of such rights. You may submit Feedback by emailing us at litgamez2021@gmail.com.

Trademarks, Logos and Branding

The trademarks, logos, signs, symbols, images and brands (“Marks”) displayed on the Site and the Games are the property of LIT GAMEZ, and our other partners or service providers where named. You are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the Internet without the express written permission of LIT GAMEZ or such third party which may own the Marks, which permission may be withheld in the sole discretion of the owner of the relevant Marks. All Content available on or through the Site, Games or Services is protected by intellectual property laws. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, reproducing, creating derivative works or using any Content for commercial purposes.

Violation of Third Party Rights

You represent and warrant that all content of any kind that is uploaded to or transmitted through the Site, Games or Services will not violate or infringe upon the rights of any third party including, but not limited to, any trade secret, copyright, trade-mark, trade dress, patent, privacy, publicity, confidentiality or other personal or proprietary rights of any such third parties. LIT GAMEZ may terminate the privileges of any user who utilizes the Site, Games, Services or Content to unlawfully publish, transmit, link or otherwise provide access to copyrighted material without a valid license, the express consent of the copyright owner or a fair dealing or fair use exemption (or equivalent under applicable law) and the user shall have the burden of establishing the same to the satisfaction of LIT GAMEZ, acting in its sole discretion.

You further represent, warrant and covenant that your use of any user names attached to your account will not violate or infringe upon the trademark, service mark, trade dress, privacy, right of publicity or other proprietary rights of any third party. Without limiting any other rights and remedies of LIT GAMEZ, LIT GAMEZ may suspend the operation and use of any user names where it determines, acting reasonably but in its sole and absolute discretion, that the continued use of the user name will infringe on the intellectual property, privacy, publicity or other proprietary rights of any third party.

4. COPYRIGHT POLICY

LIT GAMEZ respects the intellectual property rights of others and expects you to do the same. We will respond to notices of alleged copyright infringement that are properly provided to us and comply with applicable laws. If you believe that anything on our Site, Games or Services infringes any copyright that you own or control, please provide us with the following information:

a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;

identification of the copyrighted work claimed to have been infringed;

identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;

your contact information, including your address, telephone number, and an email address;

a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing and to terminate your Account without prior notice and at our sole discretion. If you knowingly misrepresent that any Content on our Site, Games or Services is infringing, you may be liable to LIT GAMEZ for certain costs and damages.

5. PAYMENT TERMS

You agree to pay the fees for the Games, Virtual Items, Services and Content that you purchase through the Site, Games or Services, as applicable, and you acknowledge and agree that only an adult (a person who has attained the age of majority in their local jurisdiction) can enter into and complete a transaction involving the payment of money. All orders placed are subject to LIT GAMEZ’s acceptance. We may accept, decline or place limits on your order for any reason.

All payments must be remitted through an account of a payment provider or processor approved by LIT GAMEZ and you agree to abide by the terms and conditions applicable to that payment method. When you provide any such payment account information to LIT GAMEZ, you represent to LIT GAMEZ that you are the authorized user of that payment account. LIT GAMEZ, or its approved third party payment provider or processor will automatically charge your chosen method of payment on a recurring basis for applicable fees in relation to your Account(s) or automatically for any additional in-game purchases, plus any applicable taxes we are required to collect, where you authorize us to do so. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR PAYMENT ACCOUNT(S). YOU UNDERSTAND AND AGREE THAT ONCE YOU AUTHORIZE US AND/OR OUR APPROVED PAYMENT PROVIDER OR PROCESSOR TO CHARGE YOUR PAYMENT ACCOUNT(S) AND/OR THE ASSOCIATED CREDIT CARD FOR A CERTAIN AMOUNT, SUCH AMOUNT SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE IN WHOLE OR IN PART, INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR ACCOUNT(S) FOR ANY REASON OR ANY TERMINATION, INTERRUPTION OR DISCONTINUATION OF SOME OR ALL OF THE SITE, GAMES, SERVICES OR CONTENT.. If you choose a recurring subscription or membership to the Site, Games and/or Services, you acknowledge that payments will be processed automatically until you cancel the subscription or the applicable Account(s). In all cases, your order will represent your offer to LIT GAMEZ to acquire a license to the Virtual Items, Games and/or Services ordered, which offer will be deemed to have been accepted by LIT GAMEZ on the earlier of (i) when that the Virtual Item, Games and/or Service becomes available for use through your Account(s) and (ii) when your payment account is charged.

Cancellation and Refunds

When you sign up for a recurring subscription, membership or other ongoing Games and/or Services, you have the right to cancel the recurring arrangement in writing within seven (7) calendar days after you first entered into the recurring arrangement and you will receive a full refund of any fees paid within thirty (30) days. However, if you access or use the Games and/or Services related to the recurring arrangement, you lose your right to withdraw from or cancel the recurring arrangement and your fees are non-refundable. With respect to Virtual Items, your right of withdrawal or cancellation is lost immediately as the performance of the related Service and/or provision of access and use of the Games begins as soon as you place your order. The period of any auto-renewal or recurring arrangement will be the same as the period you originally ordered unless otherwise disclosed to you at the time of purchase. The charges made in connection with any auto-renewal or recurring arrangements will also be at the same rates as were in effect at the time of your original order unless LIT GAMEZ gives you prior notice of any change to such charges prior to such charges being made for any subsequent renewal period. If you cancel an auto-renewal or recurring arrangement after the seven (7) day cancellation period or after you have accessed or used the associated Games and/or Services, you will not be entitled to a refund and the cancellation will be effective at the end of the then current recurring period unless you request an earlier termination date in writing. Cancellation requests must be submitted by email to LIT GAMEZ at: litgamez2021@gmail.com.

6. THIRD PARTY SERVICES

The Site, Games, Services or Content may contain links to websites, products and other resources operated by third parties other than LIT GAMEZ (“Linked Sites”). Such links are provided solely as a convenience to you. LIT GAMEZ does not control such Linked Sites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to the Linked Sites on the Site, Games, Services or Content does not imply any endorsement or any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any Linked Sites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.

We may provide tools through the Site, Games, Services or Content that enable you to export information to third-party services, including through features that allow you to link your Account with an account on a third-party service, such as Facebook, Instagram or YouTube, or through our implementation of third-party buttons (such as “like” or “share” buttons). Third-party services are not under our control, and we are not responsible for any third-party services’ use of your exported information.

7. DISCLAIMERS

LIT GAMEZ is not responsible for the conduct of any user of the Site, Games or its Services. By using the Site, Games and/or Services, you agree to accept such risks and agree that LIT GAMEZ is not responsible for the acts or omissions of users on the Site or the Games.

You should be careful about what information you choose to share with other users. LIT GAMEZ is not responsible for the use of any personal information that you disclose to other users on the Site or the Games or while using the Services.

LIT GAMEZ is not responsible for any charges, including data overage fees, that may be charged by your mobile device service provider as a result of your use of the Site or the Games. You are responsible for monitoring your own data consumption, and any charges incurred by you as a result. You should check with your mobile device carrier to understand what data and messaging rates will apply when you access and use the Site and Games through your mobile device.

8. NO WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, THE SITE, GAMES, SERVICES AND ALL CONTENT ON THE SITE AND GAMES INCLUDING LINKED SITES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, SUITABILITY OR ACCURACY, WHETHER ARISING BY LAW, BY REASON OF CUSTOM OR USAGE OF TRADE, OR BY COURSE OF DEALING. LIT GAMEZ DOES NOT WARRANT THAT THE SITE, GAMES, SERVICES OR CONTENT ARE SUITABLE FOR OR WILL MEET YOUR REQUIREMENTS, ARE FREE OF DEFECTS, THAT THE OPERATION OF THE SITE, GAMES OR SERVICES WILL BE FREE FROM INTERRUPTION OR ERROR-FREE, AND LIT GAMEZ DOES NOT WARRANT THAT ERRORS OR DEFECTS IN THE SITE, GAMES, SERVICES OR CONTENT WILL BE CORRECTED. FURTHER, LIT GAMEZ DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SITE, GAMES, OR ANY LINKED SITE, INCLUDING ANY THIRD-PARTY ACTIVITIES, AND LIT GAMEZ SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY THROUGH THE SITE, GAMES, ANY LINKED SITE OR OTHERWISE.

9. LIMITATION OF LIABILITY

Limitation of Liability for the Use of the Site, Games, and Services

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT LIT GAMEZ, ITS AFFILIATES AND SUBSIDIARIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS WILL NOT BE LIABLE, WHETHER UNDER STATUTE OR IN CONTACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, EQUITY OR UNDER ANY OTHER LEGAL THEORY, FOR ANY PERSONAL INJURY, PERSONAL PROPERTY DAMAGE, BREACH OF PRIVACY, LOSS OR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL LOSS OR DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, THE REPLACEMENT COST OF PERSONAL PROPERTY, THE COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY, REPUTATIONAL LOSS OR DATA CORRUPTION OR DATA LOSS) ARISING OUT OF OR IN CONNECTION WITH THE USE (INCLUDING THE REPETITIVE USE) OF THE SITE, GAMES, SERVICES, CONTENT OR A LINKED SITE, OR FOR ANY DELAY OR INABILITY TO USE THE SITE, GAMES, SERVICES, CONTENT OR A LINKED SITE, HOWSOEVER ARISING INCLUDING THE NEGLIGENCE OF LIT GAMEZ, EVEN IF LIT GAMEZ IS MADE AWARE OF THE POSSIBILITY OF SUCH INJURY, LOSS, ACCIDENT OR DAMAGES.

THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES, MALWARE OR MALICIOUS SOFTWARE WHICH MAY INFECT A USER’S EQUIPMENT OR DEVICES, FAILURE OF THE GAMES AND/OR SERVICES TO BE COMPATIBLE WITH YOUR HARDWARE OR SOFTWARE, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION OR INTERCONNECT LINES OR FIBER, OR OTHER CONNECTIVITY PROBLEMS, UNAUTHORIZED ACCESS OR UNAUTHORIZED DISCLOSURE OF PERSONAL INFORMATION OR DATA, THEFT, LOSS OF DATA, OPERATOR ERRORS, STRIKES OR OTHER LABOUR PROBLEMS OR ANY FORCE MAJEURE EVENT. LIT GAMEZ CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, ERROR FREE OR SECURE ACCESS TO THE SITE, GAMES OR SERVICES.

Limitation of Liability for Third Party Goods, Services and Activities Arranged Through the Site

YOU AGREE THAT LIT GAMEZ IS A MERE CONDUIT FOR THE SERVICE PROVIDERS, SUPPLIERS AND ADVERTISERS OF THIRD PARTY GOODS AND SERVICES ADVERTISED ON OR AVAILABLE THROUGH THE SITE, GAMES, SERVICES, CONTENT OR A LINKED SITE, INCLUDING THIRD PARTY ACTIVITIES, AND LIT GAMEZ DOES NOT ENDORSE OR CONTROL ANY SUCH SERVICE PROVIDERS, THIRD PARTY SUPPLIERS, ADVERTISERS, THIRD PARTY ACTIVITIES OR THIRD PARTY GOODS OR SERVICES. ANY AND ALL CLAIMS REGARDING ANY FAILURE, BREACH, LOSS OR PERSONAL INJURY ARISING FROM OR IN CONNECTION WITH THIRD PARTY ACTIVITIES OR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SITE ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SUCH SERVICE PROVIDERS, THIRD PARTY SUPPLIERS, ADVERTISERS AND THIRD PARTY ACTIVITY ORGANIZERS OR PARTICIPANTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, LIT GAMEZ DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, EQUITY OR ANY OTHER LEGAL THEORY, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN CONNECTION WITH THE THIRD PARTY ACTIVITIES AND GOODS OR SERVICES PROVIDED BY YOU OR ANY OTHER SERVICE PROVIDER, SUPPLIER, ADVERTISER OR THIRD PARTY ACTIVITY ORGANIZER THROUGH THE SITE, GAMES, SERVICES, CONTENT OR A LINKED SITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, PERSONAL INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH SERVICE PROVIDER, SUPPLIER OR ORGANIZING ADVERTISER OR PARTICIPANT, AND YOU HEREBY IRREVOCABLY WAIVE, RELEASE, AGREE NOT TO SUE, AND FOREVER DISCHARGE LIT GAMEZ FROM ANY LIABILITY WITH RESPECT TO THE SAME.

Cap on Liability

APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR PERSONAL INJURY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, EVEN IF THIS IS THE CASE, IN NO EVENT SHALL THE TOTAL LIABILITY OF LIT GAMEZ FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR UNDER ANY OTHER LEGAL THEORY, RELATED TO (I) YOUR USE (INCLUDING REPETITIVE USE) OF, OR THE INABILITY TO USE, THE SITE, GAMES, SERVICES, CONTENT OR A LINKED SITE OR (II) THE THIRD PARTY ACTIVITIES AND GOODS OR SERVICES PROVIDED BY YOU OR ANY OTHER SERVICE PROVIDER, SUPPLIER, ADVERTISER OR THIRD PARTY ACTIVITY ORGANIZED THROUGH THE SITE, GAMES, SERVICES, CONTENT OR A LINKED SITE, EXCEED THE AGGREGATE OF ALL AMOUNTS PAID (IF ANY) BY YOU TO LIT GAMEZ. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY SPECIFIED IN THESE TERMS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

10. INDEMNITY

YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS LIT GAMEZ, ITS AFFILIATES AND SUBSIDIARIES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ALL CLAIMS, LIABILITIES, ACTIONS AND CAUSES OF ACTION MADE OR BROUGHT AGAINST AND ALL COSTS AND EXPENSES (INCLUDING LEGAL EXPENSES ON A FULL INDEMNITY BASIS AND ANY OTHER FEES AND EXPENSES INCURRED FOR INVESTIGATING OR DEFENDING ANY ACTION OR THREATENED ACTION, AS WELL AS SETTLEMENT COSTS) WHICH ANY OF THE INDEMNIFIED PARTIES MAY SUFFER OR INCUR ARISING FROM OR IN CONNECTION WITH: (I) YOUR USE (INCLUDING REPETITIVE USE) OR MISUSE OF THE SITE, GAMES, SERVICES, CONTENT, ANY LINKED SITES OR THIRD PARTY ACTIVITIES; (II) YOUR BREACH OR ALLEGED BREACH OF ANY OF THESE TERMS; (III) YOUR VIOLATION OR ALLEGED VIOLATION OF ANY APPLICABLE LAW; (IV) YOUR NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; (V) YOUR INFRINGEMENT OR VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHT, RIGHT OF PRIVACY OR PUBLICITY OR ANY OTHER LEGAL RIGHT OF ANY PERSON OR ENTITY; (VI) YOUR ADVERTISING, MARKETING, PROMOTION, SALE OR DISTRIBUTION OF ANY GOODS OR SERVICES; AND (VII) YOUR ATTENDANCE OR PARTICIPATION IN ANY THIRD PARTY ACTIVITIES.

WITHOUT DEROGATING FROM OR EXCUSING YOUR OBLIGATIONS UNDER THIS INDEMNITY SECTION WE RESERVE THE RIGHT (AT YOUR EXPENSE), BUT ARE NOT UNDER ANY OBLIGATION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER WHICH IS SUBJECT TO AN INDEMNIFICATION BY YOU EVEN IF YOU CHOOSE TO DEFEND OR SETTLE IT. YOU AGREE NOT TO SETTLE ANY MATTER THAT IS SUBJECT TO AN INDEMNIFICATION BY YOU WITHOUT FIRST OBTAINING OUR EXPRESS APPROVAL.

11. VIOLATIONS OF THESE TERMS AND TERMINATION

LIT GAMEZ may monitor, terminate or suspend your Account or our Services at any time.

You acknowledge and agree that LIT GAMEZ may, acting in its sole discretion and without prior notice to you, terminate or suspend your ability to access each or all of the Site, Games, or Services or any portions thereof, and cancel your Account for any reason including, without limitation: (i) if you violate or otherwise fail to strictly comply with any term or provision of these Terms; (ii) if we have determined that your use has created or potentially created risk or legal exposure for LIT GAMEZ; or (iii) in response to requests by law enforcement or any other government agencies.

In addition to the foregoing, LIT GAMEZ reserves the right to pursue all remedies available at law and in equity for violations of these Terms. You acknowledge and agree that monetary damages may not be an adequate remedy for any violation of these Terms by you and, without limiting any of LIT GAMEZ’ other remedies, you hereby consent to, and authorize LIT GAMEZ to obtain, an injunction or other equitable relief from any court of competent jurisdiction without the necessity of having to post any bond or other form of security. You further authorize LIT GAMEZ to disclose your personally identifiable information where reasonably necessary in connection with the foregoing.

These Terms, as amended from time to time by LIT GAMEZ, shall remain effective until terminated by you or LIT GAMEZ. Upon termination of these Terms for any reason, you must cease use of your Account, cease accessing the Site, Games, Services and Content, delete the Games from your mobile device and promptly delete, purge and destroy all electronic and other copies of any Content.

12. DISPUTE RESOLUTION

You and LIT GAMEZ agree that any dispute, claim or controversy arising out of or relating to these Terms, any policy or guarantee referred to herein, or the breach, termination, enforcement, interpretation or the validity thereof, or the use of the Site, Games, Services or Content (collectively, the “Disputes”) will be settled by final and binding arbitration

13. UPDATES AND CHANGES

LIT GAMEZ reserves the right, acting in our sole discretion and at any time, to revise these Terms. We will give you notice of such revisions by posting the revisions to the Site and the Games. Changes are effective immediately upon posting. It is your responsibility to ensure that you are aware of the current Terms when you access or use the Site, Games and/or Services. Your continued use of the Site, Games or Services after any such changes come into effect shall constitute your acceptance of such changes.

You acknowledge and agree that the Site, Games and Services are under continual development and may include public patches and/or updates, which are generally available to all users, or private patches and/or updates which are available to a smaller number of users for testing and feedback before being made generally available. You further acknowledge and agree that you may be required to accept public patches and updates to the Site, Games and/or Services from time to time in order to continue to access the Site, Games and/or Services and your related Account. You acknowledge and agree that LIT GAMEZ may update, modify, patch and/or discontinue any aspect of the Site, Games and/or Services, by remotely installing updates and patches or otherwise, without your consent or approval and with or without prior, or any, notice to you.

You acknowledge that it may be necessary for you to update or upgrade third party software, hardware and devices from time to time in order to continue to access and use the Site, Games and/or Services and your related Account. LIT GAMEZ reserves the right to modify or increase the system specifications necessary to access and use the Site, Games and/or Services at any time and without notice and you are responsible for purchasing any necessary additional technology, systems or services in order to continue to access and use the Site, Games, Services and Content and/or your related Account in the event of any change in the system specifications. LIT GAMEZ reserves the right, at any time and without notice or liability to you, to update, modify and/or reset certain parameters of the Site, Games and/or Services.

LIT GAMEZ reserves the right, acting in its sole discretion and with or without prior notice to you, to do any of the following:

modify, suspend or terminate operation of, or access to, any portion, features or functions of the Site, Games and/or Services including, but not limited to, hours of availability, geographical availability and applicable policies or terms;

make changes to any fees or charges, if any, related to your use of the Site, Games and/or Services;

remove links or references to any Linked Sites from the Site, Games and/or Service;

make changes to the equipment, hardware or software required to use and access the Site, Games and/or Services;

interrupt the Site, Games and /or Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction or other modifications.