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Term of Service

2013-02-22 17:01:47

The terms of this agreement (“Terms of Service”) govern the relationship between you and Digital Cloud and its affiliates (hereinafter “Digital Cloud” or “Us” or “We”) regarding your use of Digital Cloud’s games, websites and related services (the “Service”). Use of the Service is also governed by Digital Cloud’s Privacy Policy, which is incorporated herein by reference.

Before accessing or using the Service,including browsing any Digital Cloud website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. By registering for an Account or otherwise using the Service, you represent that you are age 13 or older and you understand and agree to these Terms of Service. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms. If you access the Service from a Social Networking Site (“SNS”), such as Facebook, you shall comply with its terms of service/use as well as these Terms of Service.

BY INSTALLING, USING OR OTHER WISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

Digital Cloud reserves the right, atits discretion, to change, modify, add or remove portions of these Terms ofService and its Privacy Policy at any time by posting the amended terms on the DigitalCloud Service. You will be deemed to have accepted such changes by continuingto use the Service. If at any point you do not agree to any portion of thethen-current version of our Terms of Service, the Digital Cloud Privacy Policy,or any other Digital Cloud policy, rules or codes of conduct relating to youruse of the Service, your license to use the Service shall immediatelyterminate, and you must immediately stop using the Service.

1.LICENSE

1.1. Grant of a Limited License to Usethe Service
Subject to your agreement and continuing compliance with these Terms of Serviceand any other relevant Digital Cloud policies, Digital Cloud grants you anon-exclusive, non-transferable, non-sublicensable, revocable limited licensesubject to the limitations below to access and use the Service for your ownnon-commercial entertainment purposes. You agree not to use the Service for anyother purpose.

The following restrictions apply to theuse of the Service:
- You shall not create an Account or access the Service if you are under theage of 13; You shall restrict use by minors, and you will deny access tochildren under the age of 13. You accept full responsibility for anyunauthorized use of the Service by minors. You are responsible for any use ofyour credit card or other payment instrument (e.g. Paypal ) by minors.
- You shall not have more than one Account at any given time, and shall notcreate an Account using a false identity or information, or on behalf ofsomeone other than yourself; You shall not use the Service if you havepreviously been removed by Digital Cloud, or previously been banned fromplaying any Digital Cloud game;.

- You shall use your Account only for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive messages to anyone;


Usernameand Password


During the Account creation process, you will be required to select a password(“Login Information”). You shall not share the Account or the LoginInformation, nor let anyone else access your account or do anything else thatmight jeopardize the security of your Account. In the event you become aware ofor reasonably suspect any breach of security, including without limitation anyloss, theft, or unauthorized disclosure of the Login Information, you mustimmediately notify Digital Cloud and modify your Login Information. You aresolely responsible for maintaining the confidentiality of the LoginInformation, and you will be responsible for all uses of the Login Information,including purchases, whether or not authorized by you. You are responsible foranything that happens through your Account.

Digital Cloud reserves the right toremove or reclaim any usernames at any time and for any reason, including butnot limited to claims by a third party that a username violates the thirdparty’s rights.

LicenseLimitations
Any use of the Service in violation of these License Limitations is strictlyprohibited, can result in the immediate revocation of your limited license andmay subject you to liability for violations of law.

You agree that you will not, under any circumstances:
- Engage in any act that Digital Cloud deems to be in conflict with the spirit or intent of the Service or make improper use of Digital Cloud’s support services.
- Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Digital Cloud Game or any Digital Cloud game experience or without Digital Cloud’s express written consent, modify or cause to be modified any files that are a part of the Service or any Digital Cloud game.
- Disrupt, overburden, or aid or assist in the disruption or overburdening ofany computer or server (“Server”) used to offer or support the Service or any DigitalCloud game environment.
- Institute, assist, or become involved in any type of attack, includingwithout limitation distribution of a virus, denial of service attacks upon theService, or other attempts to disrupt the Service or any other person’s use orenjoyment of the Service.
- Attempt to gain unauthorized access to the Service, Accounts registered toothers or to the computers, Servers, or networks connected to the Service by anymeans other than the user interface provided by Digital Cloud, including butnot limited to, by circumventing or modifying, attempting to circumvent ormodify, or encouraging or assisting any other person to circumvent or modify,any security, technology, device, or software that is part of the Service.
- Post any information that is abusive, threatening, obscene, defamatory,libelous, or racially, sexually, religiously, or otherwise objectionable oroffensive.
- Post any information that contains nudity, excessive violence, or offensivesubject matter or that contains a link to such content.
- Attempt to, or harass, abuse, or harm, or advocate or incite harassment,abuse, or harm of another person, group, including Digital Cloud employees,including Digital Cloud’s customer service representatives.
- Make available through the Service any material or information that infringesany copyright, trademark, patent, trade secret, right of privacy, right ofpublicity, or other right of any person or entity or impersonates any otherperson, including without limitation a Digital Cloud employee.
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt toderive the source code for any underlying software or other intellectualproperty used to provide the Service or any Digital Cloud game, or to obtainany information from the Service or any Digital Cloud game using any method notexpressly permitted by Digital Cloud.
- Solicit or attempt to solicit personal information from other users of theService or any Digital Cloud game or collect or post anyone’s privateinformation, including personally identifiable information (whether in text,image or video form), identification documents, or financial informationthrough the Service.

Digital Cloud reserves the right todetermine what conduct it considers to be in violation of the rules of use orotherwise outside the intent or spirit of these Terms of Service or the Serviceitself. Digital Cloud reserves the right to take action as a result, which mayinclude terminating your Account and prohibiting you from using the
Service.

1.2. Suspension and Termination ofAccount and Service


WITHOUT LIMITING ANY OTHER REMEDIES, DIGITAL CLOUD MAY LIMIT, SUSPEND,TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO DIGITAL CLOUD SERVICES ORPORTIONS THEREOF IF YOU ARE, OR DIGITAL CLOUD SUSPECTS THAT YOU ARE, FAILING TOCOMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTEDILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CANLOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION ORLIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASEDITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND DIGITAL CLOUD IS UNDER NOOBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, WEMAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONSTHEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICESAND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPSTO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARECREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUALPROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER ORSPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATECIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OFUSERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

DIGITAL CLOUD RESERVES THE RIGHT TOTERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

Digital Cloud reserves the right tostop offering and/or supporting the Service or a particular game or part of theService at any time, at which point your license to use the Service or a partthereof will be automatically terminated. In such event, Digital Cloud shallnot be required to provide refunds, benefits or other compensation to users inconnection with such discontinued Services. Termination of your Account caninclude disabling your access to the Service or any part thereof including anycontent you submitted or others submitted.

You may terminate your Account at anytime and for any reason by following the process described on our support pagelocated at https://support.Digital Cloud.net/ informing Digital Cloud that youwish to terminate your Account.

2.OWNERSHIP

2.1.Games and Service
All rights, title and interest in and to the Service (including withoutlimitation any games, titles, computer code, themes, objects, characters,character names, stories, dialogue, catch phrases, concepts, artwork,animations, sounds, musical compositions, audio-visual effects, methods ofoperation, moral rights, documentation, in-game chat transcripts, characterprofile information, recordings of games played using a Digital Cloud gameclient, and the Digital Cloud game clients and server software) are owned by DigitalCloud. Digital Cloud reserves all rights, including without limitation, allintellectual property rights or other proprietary rights, in connection withits games and the Service.

2.2.Accounts
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THATYOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOUFURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE ANDSHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF DIGITAL CLOUD.

2.3.Virtual Items
Digital Cloud owns, has licensed, or otherwise has rights to use all of thecontent that appears in the Service or in Digital Cloud games. Notwithstandingany provision to the contrary herein, you agree that you have no right or titlein or to any content that appears in the Service, including without limitationthe virtual goods or currency appearing or originating in any Digital Cloudgame, whether earned in a game or purchased from Digital Cloud, or any otherattributes associated with an Account or stored on the Service.

2.4.User Content
“User Content” means any communications, images, sounds, and all the material,data, and information that you upload or transmit through a Digital Cloud gameclient or the Service, or that other users upload or transmit, includingwithout limitation any chat text. By transmitting or submitting any UserContent while using the Service, you affirm, represent and warrant that suchtransmission or submission is (a) accurate and not confidential; (b) not inviolation of any laws, contractual restrictions or other third party rights,and that you have permission from any third party whose personal information orintellectual property is comprised in the User Content; (c) free of viruses,adware, spyware, worms or other malicious code; and (d) you acknowledge and agreethat any of your personal information within such content will at all times beprocessed by Digital Cloud in accordance with its Privacy Policy. You agreethat your User Content will not be returned to you. Digital Cloud reserves theright in its sole discretion to review, monitor, prohibit, edit, delete,disable access to or otherwise make unavailable any User Content (includingwithout limitation your User Content) without notice for any reason or for noreason at any time.

3.USER CONTENT
3.1. Content Screening
Digital Cloud assumes no responsibility for the conduct of any user submittingany User Content, and assumes no responsibility for monitoring the Service forinappropriate content or conduct. We do not, and cannot, pre-screen or monitorall User Content. Your use of the Service is at your own risk. By using theService, you may be exposed to User Content that is offensive, indecent orotherwise not in line with your expectations. You bear all risks associatedwith the use of any User Content available in connection with the Service. Atour discretion, our representatives or technology may monitor and/or recordyour interaction with the Service or communications (including withoutlimitation chat text) when you are using the Service.

By entering into these Terms ofService, you hereby provide your irrevocable consent to such monitoring andrecording. You acknowledge and agree that you have no expectation of privacyconcerning the transmission of any User Content, including without limitationchat text or voice communications.

If at any time Digital Cloud chooses,in its sole discretion, to monitor the Service, Digital Cloud nonethelessassumes no responsibility for User Content and assumes no obligation to modifyor remove any inappropriate User Content. We have the right, but not theobligation, in our sole discretion to edit, refuse to post, or remove any UserContent.

3.2.Information Use by Other Members of the Service

3.2.1.Public Discourse
The Service may include various forums, blogs and chat features where you canpost User Content, including your observations and comments on designatedtopics. Digital Cloud cannot guarantee that other members will not use theideas and information that you share. Therefore, if you have an idea orinformation that you would like to keep confidential and/or don’t want othersto use, do not post it on the Service. Digital Cloud shall have noresponsibility to evaluate, use or compensate you for any ideas or informationyou may choose to submit.

3.2.2.Responsible For Your Own Content
You are solely responsible for the information that you post on, through or inconnection with the Service and that you provide to others. Digital Cloud mayreject, refuse to post or delete any User Content for any or no reason, including,but not limited to, User Content that in the sole judgment of Digital Cloudviolates these Terms of Service.

3.3.License
You hereby grant to Digital Cloud an irrevocable, perpetual, transferable,fully paid-up, royalty-free, worldwide license (including the right tosublicense and assign to third party) and right to copy, reproduce, fix, adapt,modify, create derivative works from, manufacture, commercialize, publish,distribute, sell, license, sublicense, transfer, lease, transmit, publicly display,publicly perform, or provide access to electronically, broadcast, communicateto the public by telecommunication, display, perform, enter into computermemory, and use and practice, in any way, your User Content as well as allmodified and derivative works thereof in connection with our provision of theService, including marketing and promotions of the Service. You also herebygrant to Digital Cloud the right to authorize others to exercise any of therights granted to Digital Cloud under these Terms of Service. You furtherhereby grant to Digital Cloud the unconditional, irrevocable right to use andexploit your name, likeness and any other information or material included inany User Content and in
connection with any User Content, without any obligation to you. Except asprohibited by law, you waive any rights of attribution and/or any moral rightsyou may have in your User Content, regardless of whether your User Content isaltered or changed in any manner. Digital Cloud does not claim any ownership rightsin your User Content and nothing in these Terms of Service is intended torestrict any rights that you may have to use and exploit your User Content. DigitalCloud has no obligation
to monitor or enforce your intellectual property rights in or to your UserContent.

3.4.User Interactions
You are solely responsible for your interactions with other users of theService and any other parties with whom you interact through the Service and/orDigital Cloud games. Digital Cloud reserves the right, but has no obligation,to become involved in any way with these disputes. You will fully cooperatewith Digital Cloud to investigate any suspected unlawful, fraudulent orimproper activity, including, without limitation,
granting Digital Cloud access to any password-protected portions of yourAccount.

If you have a dispute with one or moreusers, you release us (and our officers, directors, agents, subsidiaries, jointventures and employees) from claims, demands and damages (actual andconsequential) of every kind and nature, known and unknown, arising out of orin any way connected with such disputes. If you are a California resident, youwaive California Civil Code §1542, which says: “A general release does notextend to claims which the creditor does not know or suspect to exist in his orher favor at the time of executing the release, which if known by him or hermust have materially affected his settlement with the debtor.”

4.FEES AND PURCHASE TERMS

4.1.Purchases
In the Service you may purchase, with “real world” money, a limited, personal,non-transferable, non-sublicensable, revocable license to use (a) “virtualcurrency”, including but not limited to virtual cash or diamonds, all for usein Digital Cloud games; (b) “virtual in-game items” (together with “virtualcurrency”, “Virtual Items”); and (c) other goods or services (“Merchandise”).You may also obtain a license to use Virtual Items by redeeming third partyvirtual currency such as Facebook Credits.

Digital Cloud may manage, regulate,control, modify or eliminate Virtual Items and/or Merchandise at any time, withor without notice. Digital Cloud shall have no liability to you or any thirdparty in the event that Digital Cloud exercises any such rights.

The transfer of Virtual Items andMerchandise is prohibited except where expressly authorized in the Service.Other than as expressly authorized in the Service, you shall not sell, redeemor otherwise transfer Virtual Items or Merchandise to any person or entity, includingbut not limited to Digital Cloud, another user or any third party.

ALL PURCHASES AND REDEMPTIONS OF THIRDPARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.

The provision of Virtual Items for usein Digital Cloud games is a service provided by Digital Cloud that commencesimmediately upon acceptance by Digital Cloud of your purchase.

4.2.Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone usingan Account registered to you. Digital Cloud may revise the pricing for thegoods and services offered through the Service at any time. YOU ACKNOWLEDGETHAT DIGITAL CLOUD IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THATYOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHENAN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

5.UPDATES TO THE SERVICE
You understand that the Service is an evolving one. Digital Cloud may requirethat you accept updates to the Service and to Digital Cloud’s games you haveinstalled on your computer. You acknowledge and agree that Digital Cloud mayupdate the Service and Digital Cloud games, with or without notifying you. Youmay need to update third party software from time to time in order to receivethe Service and play Digital Cloud’s Games.

6.DISCLAIMER OF WARRANTIES
WITHOUT LIMITING DIGITAL CLOUD’S LIABILITY UNDER SECTION 7 BELOW, THE SERVICEIS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUTWARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THEWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. DIGITALCLOUD DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE ATTHE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTEDOR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICEARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

7.LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY;INDEMNIFICATION
DIGITAL CLOUD SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL,CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOTLIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTIONOR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OFOR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHERBASED ON CONTRACT, TORT OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT DIGITAL CLOUD HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. DIGITAL CLOUD SHALL NOT BE LIABLE TO YOU FOR MORETHAN THE AMOUNT YOU HAVE PAID TO
DIGITAL CLOUD IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHSIMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOUACKNOWLEDGE AND AGREE THAT
IF YOU HAVE NOT PAID ANYTHING TO DIGITAL CLOUD DURING SUCH TIME PERIOD, YOURSOLE REMEDY (AND DIGITAL CLOUD’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH DIGITALCLOUD IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

Some jurisdictions do not allow theexclusion of certain warranties or the limitation or exclusion of liability forcertain types of damages. Accordingly, some of the above disclaimers andlimitations may not apply to you. To the extent that Digital Cloud may not, asa matter of applicable law, disclaim any warranty or limit its liability as setforth herein, the scope of such warranty and the extent of Digital Cloud’sliability shall be the minimum permitted under such applicable law. IN PARTICULAR,NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANYCONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURYARISING FROM ANY NEGLIGENCE OR FRAUD OF DIGITAL CLOUD.

You agree to indemnify, defend and holdDigital Cloud harmless from any claim, demand, damages or other losses,including reasonable attorneys’ fees, asserted by any third-party resultingfrom or arising out of your use of the Service, or any breach by you of theseTerms of Service, however the foregoing does not apply if the infringement ofrights is not attributable to your intentional or negligent behavior.

8.DISPUTE RESOLUTION AND LAW

If a dispute arises between you and Digital Cloud, we strongly encourage you to first contact us directly to seek a resolution by going to our customer support site at http://dbelite.ppgame.com/

No matter where you are from, you agree that all disputes between you and Digital Cloud shall be governed by the laws of China, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Digital Cloud must be resolved exclusively by a court located in Chengdu,China.

9.SEVERABILITY
You and Digital Cloud agree that if any portion of these Terms of Service or ofthe Digital Cloud Privacy Policy is found illegal or unenforceable, in whole orin part by any court of competent jurisdiction, such provision shall, as tosuch jurisdiction, be ineffective solely to the extent of such determination ofinvalidity or unenforceability without affecting the validity or enforceabilitythereof in any other manner or jurisdiction and without affecting the remainingprovisions of the terms, which shall continue to be in full force and effect.

10.GENERAL PROVISIONS

10.1. Assignment
Digital Cloud may assign or delegate these Terms of Service and/or the DigitalCloud Privacy Policy, in whole or in part, to any person or entity at any timewith or without your consent. You may not assign or delegate any rights orobligations under the Terms of Service or Privacy Policy without Digital Cloud’sprior written consent, and any unauthorized assignment and delegation by you isineffective.

10.2. Supplemental Policies
Digital Cloud 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 Service.

10.3. Entire Agreement
These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein (including the Digital Cloud Privacy Policy),contain the entire understanding of you and Digital Cloud, 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 Service.

10.4. No Waiver
The failure of Digital Cloud to require or enforce strict performance by you of any provision of these Terms of Service or the Digital Cloud Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Digital Cloud’s right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by Digital Cloud of any provision, condition, or requirement of these Terms of Service or the Digital Cloud 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 this these Terms of Service, no representations, statements,consents, waivers, or other acts or omissions by Digital Cloud shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Digital Cloud.

10.5. Notices
We may notify you via postings on
http://dbelite.ppgame.com, and via e-mail or any other communications means to contact information you provide to us. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

10.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to Digital Cloud are of a unique and irreplaceable nature, the loss of which shall irreparably harm Digital Cloud and which cannot be replaced by monetary damages alone so that Digital Cloud 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 Service or any Digital Cloud game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).

10.7. Force Majeure
Digital Cloud shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Digital Cloud, including without limitation any failure to perform here under due to unforeseen circumstances or cause beyond Digital Cloud’s control such as acts of God, war, terrorism,riots, embargoes, acts of civil or military authorities, fire, floods,accidents, strikes, or shortages of transportation facilities, fuel, energy,labor or materials.

 


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