LIQUID CITY – TERMS OF USE

These Terms of Use, together with our Privacy Policy and all supplemental terms and other documents referenced in these terms (the “Terms”) govern your obtaining, purchases (including in-app purchases), downloading and use of our Games, Virtual Items, User Generated Content, and Services (all as defined below). These Terms also set out the terms and conditions on which we supply Merchandise to you (as defined below).

PLEASE READ THESE TERMS CAREFULLY. These Terms, along with any supplemental written terms and/or instructions we may give you, form a legally binding contract between you and us. By accessing or using any of the Services you accept and agree to these Terms. If you do not agree to these Terms then do not access, purchase or use our Services.

“Games” means any games or interactive software applications for any digital or technological platform or device, developed and/or made available by us, whether existing now or in the future.

“Virtual Items” means digital content or features which we may make available to you generally within our Games or other Services, for a fee or free of charge. Examples include access to digital or unlockable content, additional or enhanced functionality (including multiplayer services), virtual assets, in-game achievements, and virtual points, coins and currencies. Where we allow you to import or create certain characters or objects into or within our Games and/or Services, such characters or objects shall also constitute Virtual Items. 

“User Generated Content” or “UGC” means any form of content generated by a user of the Services (including remarks, suggestions, ideas, graphics, text, images, video, information and messages) inserted, imported, created, generated, communicated, posted, uploaded, or sent by users on or in connection with the Services. UGC also includes any interactive digital content, such as game characters or objects used by a user within our Services, which we may enable the users to import or create when using the Services. UGC also includes messages exchanged between users or players on public forums, which we may permit users or players to use for interaction with other users or players.

“Services” refers collectively to, and includes, Games, Virtual Items, UGC, as well as any other digital content, websites, app stores or other services made available by us from time to time, unless we specifically state otherwise.

FOR U.S. AND CANADIAN USERS ONLY: These Terms include a binding arbitration clause and class action waiver under section 27.8, which means you agree to submit any dispute related to these Terms, and/or any element of the Services, and/or your relationship with Liquid City, to binding arbitration rather than proceeding in court. You may opt-out of this mandatory arbitration agreement only by following the procedures below. These Terms also include a jury waiver.

1 About you 

1.1 By using the Services, you agree that you are at least 18 years of age, or if you are younger than 18 years of age, that you have reviewed these Terms with your parent(s) or guardian(s) and they have agreed to these Terms on your behalf and take full responsibility for your compliance with them. If we are informed by a parent/guardian that their child has misrepresented his/her age when registering for our Games or Services, we may stop providing Services to such child or Stop the Account (as defined below in section 4) provided we have information which satisfies us that the reporting person is indeed the parent or guardian of that child. You also represent that you attained at least the minimum age to consent to data processing under the laws of your jurisdiction (e.g. 13 years old in the United Kingdom or the United States and 16 years old in some EU jurisdictions) and are not barred from accessing the Services under applicable law. 

1.2 If you access or obtain our Services through a third-party platform or site, you may be required to comply with their policies in addition to these Terms.

1.3 In these Terms, references to ''you'' or ''your'' means you as a user of Liquid City's Services, in your capacity as a natural person.

2 Who we are 

2.1 We are Keiichi Matsuda Ltd. t/a Liquid City, a company registered in England and Wales with company number 08662057 and whose registered office is at Studio 2.2, 1-5 Vyner Street, London, England, E2 9DG (“Liquid City”). 

2.2 In these Terms, references to ''us'', ''we'' or ''our'' means Liquid City. 

2.3 You can contact us at support@liquid.city.

3 Changes to these Terms 

We may change these Terms from time to time, for example in order to ensure that we remain compliant with applicable laws or to reflect any changes we make to the Services or otherwise. The updated Terms will be posted on our website. We may also provide additional notice, such as messaging within our Services, of any material changes to these Terms. It is your responsibility to check these Terms regularly before using any of our Services. Your continued use of our Services from the date of change will be deemed your acceptance of the amended Terms. If we notify you of amendments to these Terms that directly and substantially contradict the terms and conditions of the contract in effect when you initially accepted it, and if you find these modifications unacceptable, you may terminate the contract in accordance with section 22 of these Terms. 

4 Account 

4.1 To use some of our Services you may (but need not) create a user account with us (“Account”). You will generally be able to play our Games and receive the Services without having created an Account, i.e. as a 'Guest', but we may require that you enter a username to play our Games. To create an Account, we may require you to register your details, such as your login credentials, e-mail address, password, and any other details we may request from you from time to time. If necessary, we may request further details from you after you have registered with us.  You may not share your Account with others and are solely responsible for keeping the login credentials to your Account confidential. You are responsible for all activity and fees (if applicable) associated with your Account. We may Stop your Account or permanently remove any digital content(including Virtual Items and/or UGC) from any of our Services at our reasonable discretion if we have reasonable grounds for believing you have violated any of these Terms. References to “Stopping” or to “Stop” an Account includes temporarily or permanently disabling, suspending or banning an Account. If your Account is disabled or banned, you will not be able to access your Account and any licences previously granted to you to use our Games and/or Services will be either temporarily or permanently revoked. THIS MEANS YOU WILL LOSE ACCESS TO YOUR ACCOUNT, CHARACTERS AND ANY IN-GAME ITEMS OR CURRENCY. We are under no obligation to compensate you for any losses that result from your Account being disabled or banned where your act or omission constitutes fraudulent activity on your Account or you are in breach of your obligations under these Terms. More information about when we may Stop your Account can be found in section 4.2 below.

4.2 If, acting reasonably, we consider that: (i) these Terms have or may have been breached or may likely be breached; and/or (ii) you have committed fraudulent, unlawful or abusive activity including any breach or suspected breach of the rules of conduct set out in section 8 of these Terms; and/or (iii) it is necessary in order to prevent or stop any harm or damage, including without limitation harm or damage to us, to any our Games or Services, to other players or users, or the general public, then, in our sole discretion, we may at any time: (a) Stop (as defined) any or all of your Accounts; (b) restrict access to any content-uploading or other feature of our Games or Services; (c) restrict access to or delete Virtual Items or anything acquired by means of Virtual Items; and/or (d) take any action we deem necessary in preventing or stopping your breach of these Terms, your fraudulent activity, and/or harm or damage caused to us, other players or users, or the general public. We will not accept liability for any loss you suffer as a result of your actions set out above, including loss of real money paid in prohibited transactions, such as “account trading”.

4.3 If we take any of the above actions, you may, by no later than six months following the decisions made or actions taken under section 4.2, submit a “reconsideration request” by emailing us at support@liquid.city. All reconsideration requests will be dealt with by us at our sole discretion acting reasonably.

4.4 WE DO NOT GUARANTEE THE ONGOING SUPPLY OF ANY GAMES OR SERVICES OR THAT DIGITAL CONTENT WILL BE AVAILABLE AT ALL TIMES, IN ALL LOCATIONS, OR AT ANY GIVEN TIME OR THAT WE WILL CONTINUE TO OFFER SUCH GAMES, SERVICES AND DIGITAL CONTENT FOR A PARTICULAR PERIOD OF TIME. UPON REASONABLE NOTICE TO YOU (AND WITHOUT REASON), WE MAY STOP ANY ACCOUNT AND TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ENTITLED TO ANY REFUND FOR ANY AMOUNTS PAID IN CONNECTION WITH YOUR ACCOUNT.

5 Deletion of your Account 

5.1 If you want to permanently delete your Account you may easily request your Account deletion at any time by going to your Account ‘Settings’ or the 'Settings' section in the relevant Game and selecting the option to delete your Account.

5.2 Subsequently your Account will automatically be irreversibly, fully and permanently deleted, and you will lose access to any and all items purchased and stored within your Account and/or other associated digital content stored within your Account, and you will lose access to and/or the benefit of any Services made available through your Account. Following the deletion of your Account and any associated digital content and/or Services, it may take us up to another 30 days to remove it from backups and disaster recovery systems.

5.3 Your Account and any digital content and/or Services associated with your Account may not be permanently deleted where deletion would restrict our ability to: (i) investigate or identify illegal activity or violations of our Terms and policies (for example, to identify or investigate misuse of our Services); (ii) protect the safety and security of our Services and users; (iii) comply with a legal obligation, such as the preservation of evidence; or (iv) comply with a request of a judicial or administrative authority, law enforcement or a government agency.

5.4 If you elect to delete your Account in accordance with section 5.1 above, then (provided your Account has not been deleted or deactivated by us due to your non-compliance with these Terms), you can register for a new account by providing to us the requested details and following our instructions.

6 Licence 

Our Services, Games, Accounts, Virtual Items and all other digital content and related materials (including without limitation, software, code, information, content, data, text, characters, music, sounds, videos) made available by us or on our behalf and all related copyright and other intellectual property rights in such Services, Games, Virtual Items, digital content and materials (together “Content”) are licenced, not sold, to you under these Terms. Subject to your strict compliance with these Terms, we grant you a limited, non-transferable, non-sub-licensable, revocable and non-exclusive licence to use our Content for your own personal and non-commercial use. Where you insert, import, create, generate, or make available and submit UGC to us in accordance with clause 9.1, such UGC becomes Content and we grant you a licence to such UGC in accordance with licence terms applicable to Content, as set out in this section 6.If you breach any of these Terms, we may immediately terminate or suspend this licence. You acknowledge that all intellectual property and other rights in the Content are and will remain our sole property and that you will have no ownership, title or other proprietary interest in and to the Content, regardless of whether you 'earned' or 'purchased' such Content.

7 Your legal obligations and promises to us 

7.1 You shall: 

7.1.1 provide to us details we request from you, which we may reasonably need to provide Services to you;

7.1.2 ensure all information and details you give us are true, accurate and up-to-date at all times, and you shall notify us immediately of any changes to you contact or payment details;

7.1.3 pay any fees we charge you;

7.1.4 follow the instructions and directions we provide about using the Gamesand/or Services and only use them in accordance with all applicable laws, rules and regulations;

7.1.5 not make the Services, your password(s) or any other login details (such as temporary links or one-time passwords) available to anyone else; and

7.1.6 comply with the rules of conduct relating to your use of the Services as set out in these Terms, in particular in section 8.

7.2 YOU AGREE TO COMPENSATE US WHERE WE PAY DAMAGES OR INCUR ANY OTHER LOSSES OR EXPENSES (INCLUDING LEGAL FEES) IN RESPECT OF ANY CLAIM MADE BY A THIRD PARTY THAT YOUR USE OF THE SERVICES (OR ANY PART) IS IN BREACH OF THESE TERMS OR CONTRARY TO ANY OTHER LAWS AND REGULATIONS OR THE RIGHTS OF A THIRD PARTY.

7.3 If we take legal action against you for non-payment or any other breach of these Terms and a court makes an award in our favour, you will be responsible for all costs allowable by the courts.

8 Rules of conduct and your use of the Services 

8.1 You agree that in obtaining and/or using the Services (including the creation of UGC) you will not: 

8.1.1 use or allow the obtaining and/or use of the Services for any purpose or activity that is illegal, unlawful or in breach of these Terms;

8.1.2 when creating your Account, you may not use as a username the name of another person or entity or a name 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 authorisation, or a name that is otherwise offensive, vulgar or obscene;

8.1.3 use any techniques altering or falsifying geographical location of your device;

8.1.4 reproduce, distribute, publicly display or perform, translate, modify, adapt, create derivative works from, deconstruct, reverse engineer, decompile or disassemble, in any manner the Services, source code in the Services or any portion thereof;

8.1.5 sell, rent, lease, share or provide access to your Account or access or attempt to access the Accounts of other users or do or attempt to circumvent, remove, alter, deactivate, degrade, manipulate or penetrate any security measures relating to the Services;

8.1.6 partake in any behaviour that we may deem inappropriate and disruptive, or against the tone and nature of the Services;

8.1.7 where UGC or an online community exists or otherwise, you will not harass, threaten, embarrass, spam or do anything else to another person that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation or religion; organise or participate in any activity or group that is harmful, abusive, offensive, obscene, threatening, bullying, vulgar, sexually explicit (including nudity and any form of inappropriate exposure), defamatory, invasive of personal privacy or encourages conduct that would violate a law or in a reasonable person’s view be objectionable and/or inappropriate;

8.1.8 use abusive, offensive, or defamatory screen names and/or personas, whether created through Services or through third party devices connected to Services;

8.1.9 impersonate any other person, or indicate falsely that you are an employee or a representative of us or any of our partners or affiliates;

8.1.10 promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or counterfeit or legitimate Virtual Items

8.1.11 upload any files that contain a virus, trojan, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt any of the Services;

8.1.12 make improper, false or spurious reports to us; 

8.1.13 insert any code or product or manipulate the content of our Services in any way;

8.1.14 use our Services to build a service or game that may compete with our Services or assist another person in building a service or game that would compete with our Services;

8.1.15 probe, scan or test the vulnerability of our Services, or circumvent or breach the security or authentication measures of our Services;

8.1.16 improperly use in-game support or complaint buttons or make false reports to us;

8.1.17 use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, 'data mine' or in any way reproduce or circumvent the content, navigational structure or presentation of our Services; and

8.1.18 sell, buy, trade or otherwise transfer or offer to transfer your Account, any personal access to our Services, or content associated with your Account, including Virtual Items, either within our Services or on a third-party website, or in connection with any out-of-game transaction.

8.2 To the extent the Services functionality permits, you will not publish, post, communicate, or make available in any other way any person’s ‘real world’ personal information whilst using the Services or via any chat rooms or forums. 

8.3 We reserve the right to access, monitor and/or record any online activity within the Services and you give us your express consent to access and record your activities.

8.4. Any breach of the above rules of conduct shall be determined by us at our discretion, acting reasonably in all circumstances.

9 User Generated Content (UGC) 

9.1 Our Games and/or Services may allow you to insert, import, create or generate UGC and submit it to us, including for incorporation within a Game or Services. You agree by submitting any form of UGC, you are giving us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, worldwide, royalty-free licence to use, modify, copy, create derivative works of, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) publish and distribute such UGC for any purpose including the making available of such UGC to third parties, provided that we may not use UGC in violation of the Privacy Policy. You agree to waive any moral rights to the extent permitted by law and that you will not withdraw the submission or attempt to make a charge for its use. Further, you warrant and represent that, with the exception of any of our intellectual property rights, you are the exclusive copyright and intellectual property rights holder in relation to the submission and that the submission in no way breaches the rights of any other person or entity.

9.2 We, or third parties engaged by us, may monitor and/or moderate UGC but we do not guarantee the accuracy, quality, or integrity of any UGC posted via the Game or any part of the Services. By using our Services you acknowledge and accept that you may be exposed to materials you may find offensive or objectionable. We do not endorse any UGC posted on the Services, nor do we guarantee its truthfulness or accuracy. However, if someone is violating these Terms or misusing the Services, please report this to us by contacting us at support@liquid.city. We will review the report and may, at our reasonable discretion, take action against anyone who violates the Terms, such as by revoking or suspending access to certain or all of our Services and terminating or suspending their Account. We may also take such actions, at our reasonable discretion, in respect of anyone who knowingly submits a false report in bad faith.

9.3 We reserve the right to remove and permanently delete any UGC from our Services with or without notice. We reserve the right to disclose your identity to any third party that validly claims that any of your UGC infringes such third party’s intellectual property or their privacy. We will also disclose your UGC to third parties and law enforcement authorities on request where we are legally obliged to do so.

10 Virtual Items 

When you obtain from us (either for a fee or free of charge) any Virtual Items, we grant you a personal, limited, non-transferable, non-sub-licensable, revocable and non-exclusive licence to access and use the selected Virtual Items. You acknowledge that Virtual Items have no monetary value and no value outside of our Services. You cannot and are not permitted to sell, trade or transfer Virtual Items outside of our Services, or exchange them for cash. Any payment you make for Virtual Items shall be made in accordance with these Terms and, where applicable, the third-party platform used to purchase the Virtual Items. 

11 Basis of contract & Subscriptions 

11.1 Direct orders: Where you place orders for Services directly from us (i.e. not through third-party platforms, such as app stores), all such orders are subject to our acceptance and availability of the Services. After placing an order, you will receive an email or message from us, acknowledging that we have received your order. It will state what the Services you have ordered are, the cost (including VAT), the invoice and cancellation details. If your order has been unsuccessful, we will provide the reason. Please note that this acknowledgment of your order does not mean that your order has been accepted. All orders are offers to purchase our Services and, as such, they are subject to acceptance by us. When we make Services available, e.g. as a download, this represents our legal acceptance of the offer you made to purchase the Services and the contract between you and us will then be formed and we will debit your account or charge your payment card. If we have accepted your order (offer) but later find out that we are unable to provide the Services at the agreed price or for the agreed fee, we may terminate the contract and the provision of the relevant Services (or their part) to you and will refund you the price or fee paid (or their pro-rated part).  

11.2 Orders via third-party platforms: Where you place orders for Services through a third-party platform (such as an app store), all such orders are subject to acceptance by the third-party platform provider used to place your order and availability of the Services. After placing an order, you will receive an email or message from the third party platform provider, acknowledging that it has received your order. It will state what the Services you have ordered are, the cost (including VAT), the invoice and cancellation details. If your order has been unsuccessful, you will be made aware of the reason why and possible explanations. Please note that this acknowledgement email/message does not mean that your order has been accepted – your order constitutes an offer to the third party platform provider to purchase the Services via the third party platform. All orders are subject to acceptance by the third party platform provider. When the Services are made available to you, e.g. as a download, this represents the third-party platform provider's legal acceptance of the offer you made to purchase the Services and the contract between you and the third-party platform provider will then be formed and the relevant provider will debit your account or charge your payment card.

11.3 Subscriptions: In some cases you may be able to enter into a contract for Services which is periodically renewed and under which we periodically charge you a fee (“Subscription”). Where you obtain a Subscription directly from us, the contract between you and us will be formed in line with clause 11.1 above, will commence on the date we accept your offer, and will automatically renew for a subsequent agreed subscription term unless and until you or we cancel it in accordance with these Terms. Where you obtain a Subscription via a third-party platform, the contract will be formed between you and the relevant third-party platform provider in line with clause 11.2 and will renew and be governed by such platform’s terms. Generally, you will be able to review details of your Subscription in your Account or your third-party platform account.

12 Merchandise 

12.1 If you place an on-line order for certain goods related to our company, business and/or Services (“Merchandise”) this will be an offer made by you to us to buy the Merchandise in your order. We will send you an email confirming receipt of your order and containing the details of your order. This e-mail is an acknowledgement that we have received your order, and does not confirm our acceptance of your offer to buy the Merchandise ordered. Our acceptance of your order will take place when we email you to explicitly accept it or when we dispatch the Merchandise to you and send you email confirmation that we have dispatched the Merchandise to you, at which point a contract will come into existence between you and us. If the requested Merchandise is not in stock, we will inform you of this and give you an option to cancel your order.

12.2 If we are unable to accept your order for Merchandise, we will inform you of this and will not charge you for the Merchandise. This might be because the Merchandise is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Merchandise or because we are unable to meet a delivery deadline you have specified.

12.3 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

12.4 The images of Merchandise on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Merchandise. Your Merchandise may vary slightly from those images. Similarly, the packaging of the Merchandise may vary from that shown in images on our website.

12.5 Any delivery costs displayed on our website are indicative. We will inform you of the costs of delivery that will apply to your order after you send us an enquiry or place the order.

12.6 During the order process we will let you know our delivery estimate. We aim to dispatch Merchandise in stock within 2 working days of placing the order. We estimate the Merchandise to be delivered to your delivery address within 10 working days of posting. Please note that unless otherwise stated on our website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.

12.7 If our supply of Merchandise is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract.

12.8 Unless you have told us before we accepted your order that delivery by a specific date was essential you will have no right to treat the contract as at end if we deliver the Merchandise later than estimated.

12.9 The Merchandise will be your responsibility from the time we deliver it to the address you gave us.

12.10 You own the Merchandise once we have received payment in full.

12.11 Unless we agree otherwise, we only supply the Merchandise for private use. If you use the Merchandise for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13 Price, Payment and Tax for Services

13.1 In consideration for your access to, our provision to you of, or your use of our Services, we may charge you and you shall pay to us (either directly or through a third-party platform) a fee specified, agreed and recorded at the time of concluding the contract. By concluding the contract you authorise us or the relevant third-party platform provider to charge you the agreed fee. When you sign up for a Subscription you authorise us or the relevant third-party platform provider to charge you the relevant subscription fee for the initial term at the contract commencement date, and thereafter charge you upfront at regular agreed intervals for each renewal term, until your Subscription is cancelled. We may, in our sole discretion, modify the fees as well as any subscription or renewal fees. 

13.2 We aim to ensure that the pricing of and within our Services is correct at all times. However, any Game, our Services, or any website or app store within or outside our control may not always be up-to-date and accurately reflect the correct details, prices or fees when you place your order. If the fee or price we would charge you differs from the one in your order or offer, we or the relevant third-party platform provider will generally let you know the correct price or fee before concluding the contract with you and charging you.

13.3 We may charge VAT or applicable sales tax on purchases as required by law, and you agree to provide the information we reasonably require in order to determine the applicable VAT or sales tax rate.

13.4 All credit and charge card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, your order will not be accepted and we will not be liable for any delay or non-delivery.

13.5 It is your responsibility and you must comply with the terms and conditions applicable to your chosen payment method, as set by the payment provider. We may add or remove payment methods in relation to our Services at our sole discretion and without notice to you. For certain payment methods, the issuer of your payment card may charge you a foreign transaction fee or other charges. You acknowledge and accept that it is your responsibility to ensure that you always pay the amount charged to you in full.

13.6 Where we charge you for Services directly (including through a payment services provider, but not via a third-party platform or app store), if payment is not successfully settled and you do not provide us with up-to-date payment details, we may retry the payment method and/or suspend your access to the Services or Subscription until we become able to charge you. If you owe us any fees, you acknowledge and agree that we may charge you for any uncollected amounts and your ongoing subscription fee when we become able to do so (for example, when you have updated your payment details). This may result in a change to your payment dates or subscription period.

14 Price, Payment and Tax for Merchandise 

14.1 The price of the Merchandise (which includes VAT) will be the price indicated on our website and/or confirmed in the order confirmation we send you. If we deliver your Merchandise outside the United Kingdom you are responsible for the payment of any applicable tax of the place of delivery, including import tax and value added tax, as well as complying with any applicable import obligations.

14.2 Despite our best efforts, a small number of items of Merchandise in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and the correct price of the Merchandise is higher than the price on the website, we may either contact you before dispatch to request whether you want to buy the Merchandise at the correct price or cancel your order. If the correct price for Merchandise is lower than our stated price, we will charge the lower amount and send you the Merchandise. 

14.3 We accept payment with all major credit and debit cards. You must pay for the Merchandise before we dispatch it. We will not charge your credit or debit card until we dispatch the Merchandise to you.

14.4 If you do not make any payment to us by the due date we may end the contract for the supply of Merchandise, or charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount.

15 Cancellation and Refunds  

We want to provide you with the best possible service. We hope you are delighted with our Games, Virtual Items and Services. However, if you change your mind, the cancellation policy set out below will apply.

15.1 Cancellation Policy for Services

15.1.1 In respect of the Services, you have the right to cancel your order and withdraw from the contract between you and us or the third-party platform provider (“Contract”), without giving any reason, and receive a full refund within 14 days from the day you placed your order (“Cancellation Period”) BUT by downloading, streaming or accessing your Virtual Items, digital/online Games, any other digital content, and/or Services, you will immediately lose this right to cancel once you have started the downloading, streaming or accessing of such Virtual Items or digital/online Games, or the  Services have been completed, whichever occurs first.

15.1.2 This means that if you download, stream or access the Virtual Items, digital/online Games and/or Services straightaway, you acknowledge that you will therefore no longer have the right to cancel them.

15.1.3 If you would like to exercise your rights within  the Cancellation Period please contact the relevant third-party platform provider where the Virtual Item, digital/online Games and/or Services will be removed from your Account and any refunds will be carried out in accordance with the third-party platform provider's policies. If you have purchased the Services from us, please contact us.

15.1.4 If you wish to cancel your Subscription, you must give us at least 30-days’ notice (including by submitting your request to cancel through your Account) before the end of your current subscription period to avoid being charged the fee for the subsequent period. For example, if you wish to cancel your subscription with effect from 1 May, you will need to provide notice no later than midnight on 31 March.

15.2 Your refund following cancellation of Services

15.2.1 For purchases of our Services and redemptions of Virtual Items made by you via third-party platform providers such as Apple and Google, the refunds policy of such third-party platform providers will apply to your purchase and you should consult the applicable refunds policy. Where you are eligible for a refund, refunds of any sums paid should be made within 14 days of you telling the relevant provider that you’ve changed your mind. Refunds should be made by the method you used for payment and no fees should be charged for making the refund.

15.2.2 If you are under the age of 18, or under the age of legal majority in your jurisdiction, you must make sure that you have the express permission of your parent or guardian before you make any purchase. Parents and legal guardians - we strongly recommend that you set the appropriate default payment  settings relating to our Services to ensure that your express consent is required (such as by entering your Account password) in order to trigger any transaction.

15.2.3 You acknowledge and agree that we or any third-party platforms we may use in providing Services to you do not provide refunds or credits for any unused Services or unused or partially used periods of Subscriptions.

15.3 Ending the contract for Merchandise

15.3.1 If you have bought Merchandise, you can change your mind within 14 calendar days of the day you (or someone you nominate) receive the Merchandise, unless the Merchandise you have ordered is split into several deliveries over different days. In this case you have until 14 calendar days after the day you (or someone you nominate) received the last delivery to change your mind about the Merchandise. You do not have a right to change your mind in respect of (i) any customised Merchandise; (ii) any Merchandise supplied with a safety tag, if this tag has been damaged, removed, or tampered with in any other way; (iii) Merchandise sealed for health protection or hygiene purposes, once this has been unsealed after you receive it; or (iv) Merchandise which become mixed inseparably with other items after their delivery.

16 Availability and functionality

16.1 We reserve the right to limit the amount of Virtual Items you can purchase in a given period. Virtual Items may only be purchased and used by players in jurisdictions where such activities are permitted under applicable law. Virtual Items may only be purchased from us or our representatives through the Games or as otherwise expressly authorised. We reserve the right to refuse any request to purchase Virtual Items for any reason.

16.2 We will use reasonable endeavours to maintain the operation of the Games and Services and rectify faults as quickly as possible. We reserve the right to modify, including by way of regular updates, our Games and Services and we may have to suspend operation of a Game or particular Service without notice for repair, maintenance, improvement, security or any other reason. If so, we will do our best to ensure that the suspension is as short as possible. We cannot accept responsibility for such suspensions, interruptions or errors caused by circumstances outside our reasonable control.

16.3 We cannot guarantee that our Games or any part of our Services will work on or be compatible with or capable of being accessed on any particular devices, platforms, operating systems or equipment, or in conjunction with any particular software or connectivity services not approved by us. We do not accept responsibility for such equipment, software or services. We also do not guarantee that our Services can be accessed in all geographic locations.

16.4 If you are based in the UK and there is anything wrong with the Services or Merchandise you purchased from us (including via a third-party platform), the Consumer Rights Act 2015 provides that:

16.4.1 digital content must be as described, fit for purpose and of satisfactory quality. If your digital content is faulty, you're entitled to a repair or a replacement. If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back. If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.

16.4.2 you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it. If a time hasn't been agreed upfront, it must be carried out within a reasonable time.

16.4.3 Merchandise must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Merchandise you are expected to take proper care of your Merchandise, prevent any inappropriate or abusive use of it, or any intervention, repair or dismantling of it by an unauthorised person, and follow any use instructions given by us. Your legal rights entitle you to request a repair or replacement, provided you send us your claim is made within six months from the purchase date. In some cases, a refund of the purchase price may be more appropriate.

Please contact us or the relevant third-party platform provider if you would like to exercise any of the above rights.

17 Chargebacks  

Your payment may be cancelled and the third-party platform provider may make a chargeback to you, including any transaction fees incurred with payment providers at its discretion, if for example they have a reason to believe any purchase is incomplete or any purchase is made, or they suspect it is made, fraudulently or in an otherwise non-bona fide manner.

18 Payment Methods 

Where we provide Services directly to you (including where we provide any additional Services or digital content from or within our Games) we may require payment by methods we may specify from time to time, in any case before you place the relevant order for our Services.  

Where we provide Services or any digital content is made available through a third-party platform (including where such Services or digital content are provided from or within already purchased Services or Games), payment will generally be processed by a payment method specified by the relevant third-party platform provider at the point of sale.

You acknowledge that third-party payment providers may be engaged in collecting and/or processing the payment from you. Where this is the case and you encounter an issue when making your payment, please contact the relevant payment service provider.  

19 Updates 

19.1 You agree that the Games and any aspect of the Services may automatically download and install updates, upgrades and additional features that we deem reasonable, beneficial to you and/or reasonably necessary. Any updates, upgrades and/or additional features that we make available to you will be governed by and subject to these Terms unless expressly stated otherwise (such as by incorporating a separate licence or other agreement).

20 Duration

The contract incorporating these Terms and governing your use of the Games, your Account, Virtual Items, Services and any other digital content shall commence on the date we, or the relevant third-party platform provider, accept your order and shall continue until it expires or is terminated in accordance with section 22. 

21 Intellectual Property  

21.1 You acknowledge that all intellectual property rights in the Services, Games and Virtual Items and all content appearing within the Services, Games and Virtual Items throughout the world belongs to us, our licensees or affiliates and that such rights are licenced to you and you do not acquire any title or ownership rights in the Services, Games and Virtual Items or any other part of them other than the right to use the Services, Games and Virtual Items under the terms of this licence.

21.2 Any use by you of any of our intellectual property other than as permitted under these Terms may only be undertaken with our prior express written authorisation. Nothing contained within these Terms shall be construed as conferring any right, whether by implication or otherwise, to use any intellectual property in the Services, Games and Virtual Items other than as expressly permitted in these Terms.

22 Suspension and Termination 

22.1 If you would like to terminate a contract that is not a Subscription, you can terminate the contract governed by these Terms by informing us or by deleting, cancelling or removing the relevant Games, your Account, and/or Services. If you would like to terminate a contract in relation to digital content we provide to you as part of the Services, such as any Virtual Items, the contract will terminate automatically on your deletion of the relevant content from your account.

22.2 You can terminate a Subscription by giving us at least 30-days’ notice (including by submitting your request to cancel through your Account) before the end of your current subscription period.

22.3 We reserve the right to stop offering any of our Games and/or Services at any time either permanently or temporarily, at which point any licence granted to you to use the Games and/or Services or a part thereof will be automatically terminated or suspended and your Account Stopped. Prior to stopping the availability of any of our Games and/or Services, we will use our reasonable efforts to notify at least 60 days before such Games and Services become unavailable. Notification may be via our websites, push notification, alert, email or other messages. In such an event, we shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of our Games and/or Services unless required by law.

22.4 Acting reasonably, we may, with immediate effect, suspend, restrict or terminate your access to the Games, Virtual Items and/or any other part of the Services and consequently suspend or terminate the licence granted to you under these Terms, if:

22.4.1 you breach any of the restrictions or provisions in these Terms;

22.4.2 for reasons of a system failure, maintenance or repair or due to events beyond our reasonable control; 

22.4.3 we decide to withdraw the Game(s), Virtual Items and/or any other part of the Services from the market for any reason in our sole discretion, acting reasonably;

22.4.4 you don't make any payment to us when it's due and you still don't make payment within 7 days of our reminding you that payment is due; and/or

22.4.5 you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product.

22.5 We will always do our best to give you an initial warning rather than moving straight to terminating or deleting your access to our Games, Virtual Items and/or any other Services. But if you have seriously breached our Terms or have been issued with previous warnings, we may then move to terminating our contract with you under these Terms and your licence to access our Games, Virtual Items and/or any other part of the Services. Under such circumstances we will notify you in writing by email or through the Account, website or other part of the Services as appropriate. Upon termination the rights and the licence granted herein will terminate and you must cease all use of the applicable Games, Virtual Items and/or any other part of the Services. If we decide to withdraw Game(s), Virtual Items and/or any other part of the Services from the market, we'll do our best to notify our users (via our website, or via email, push notification or text) at least 60 days prior to withdrawing access.

22.6 Termination of the contract does not prevent us from making and/or enforcing any claims we may have in relation to provision of the Services, such as claims for unpaid fees or sums owed, for example.

23 Third Party Content 

Our Services may include hyperlinks to third-party websites and services. We do not control these websites and services and are not responsible for their content or for their collection, use or disclosure of your personal information. If you access our Services through a third party platform or site, you may be required to comply with their policies in addition to these Terms. 

24 Limits on Liability 

24.1 OUR GAMES AND SERVICES ARE PROVIDED ON AN "AS IS'' AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE PROVIDE NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES THAT YOU WILL BE ABLE TO ACCESS OR USE OUR GAMES OR SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING OR THAT OUR GAMES OR SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS, BUGS, CORRUPTION, LOSS, INTERFERENCE, HACKING OR VIRUSES. ACCORDINGLY, WE ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OF OUR GAMES AND SERVICES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF OUR GAMES AND SERVICES. WE ALSO MAKE NO GUARANTEE THAT OUR GAMES AND SERVICES WILL WORK WITH OR CAN BE ACCESSED ON ANY PARTICULAR DEVICES, PLATFORMS, OPERATING SYSTEMS OR EQUIPMENT, OR IN CONJUNCTION WITH ANY PARTICULAR SOFTWARE OR CONNECTIVITY SERVICES. WE DO NOT ACCEPT RESPONSIBILITY FOR SUCH EQUIPMENT, SOFTWARE OR SERVICES. YOU ACKNOWLEDGE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL LOSSES AND DAMAGES, INCLUDING LOSS OF DIRECT AND INDIRECT PROFITS, GOODWILL OR DATA IN ANY WAY ARISING.

24.2 TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, OUR TOTAL LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING LIABILITY FOR ANY LOSSES, COSTS, EXPENSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH A GAME OR SERVICES OR THESE TERMS SHALL NOT EXCEED (IN AGGREGATE} THE MONETARY AMOUNT EQUIVALENT TO THE FEES, RELATING TO THE GAME OR SERVICES, ACTUALLY PAID BY YOU TO US DURING THE SIX (6) MONTHS PRIOR TO THE DATE OF THE CAUSE OF ACTION FIRST ARISING. NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES OR AGENTS, OR ANY OTHER LIABILITY THAT CANNOT UNDER ANY APPLICABLE LAW BE EXCLUDED OR LIMITED.

24.3 You acknowledge that the content and/or outcomes you receive in using and interacting with our Services are provided for general information and entertainment purposes only and may be provided in an automated manner based on the information, materials and data which we may have had access to. The content is not intended to amount to advice on which you should rely. The outcomes are not intended to meet any individual, specific or professional requirements. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the outcomes and/or content obtained from our Services. You assume sole responsibility for any conclusions drawn from using our Services, as well as for meeting any individual, specific or professional requirements.

24.4 Although we make reasonable efforts to monitor and improve the efficiency and accuracy of our Services, we make no representations, warranties or guarantees, whether express or implied, that any outcomes or content you receive from us or in our providing of Services to you are accurate, complete or up-to-date.

24.5 We shall have no responsibility or liability for the accuracy, deletion, failure to store, transmit or receive transmission of any content you provide to us.

24.6 You acknowledge that our Services may use technologies that may project alternative or virtual surroundings to you and alter your perception of your physical surroundings, project a layer of digital content on top of your physical surroundings (which you can see with or without any additional equipment), and/or allow you to interact with any projected or virtual surroundings or digital content. You accept your sole responsibility for your physical and mental fitness in using and interacting with such technologies and/or Services, as well as for the conduct and results of such interactions. In using such technologies or the relevant Services, you should always make sure that your state of mind is such that you are able to ensure that your use of such technologies or Services will not cause any physical or mental harm to yourself and/or any other person. Under no circumstances will we accept any liability for any damage or harm resulting from use of our Services in a way or under circumstances which, in a reasonable person’s view, would be considered dangerous, harmful, disrespectful, or unreasonable.

24.7 You acknowledge and agree that we may obtain, create and publish recordings of Events that may include your image, likeness, name or voice.

25 Events

25.1 We may, from time to time, organise live virtual or in-person events, including to showcase our Services (“Events”). If you choose to attend and/or participate in an Event, you will be bound by these Terms, including this section 25. If we ask you for any information as part of registration for an Event, you agree that the information you give us will be true and accurate, and that you will inform us of any changes. If you are registering for an Event on behalf of another person, you shall obtain their consent. You acknowledge that we may require you to provide to us a reasonably acceptable proof of identity as part of the registration process or at the Event, and agree to provide it to us on request. We will process any personal information we collect about you in relation to an Event in accordance with our Privacy Policy.

25.2 You acknowledge and agree that any tickets we issue are non-exchangeable and non-transferable and we are not obliged to issue any refunds, unless required by law. Ticket resales are not permitted, unless authorised by us. We shall accept no liability for invalidity of, or your inability to access an event using a ticket that has not been obtained directly from us. You acknowledge that access to event sites may be subject to space limitations or site policies, and agree that we do not guarantee that you will be able or permitted to attend an Event. You further acknowledge that not all Event features may be available, or they may differ from the features advertised; in any case we accept no liability for any damage or loss caused by any such unavailability or change.  

25.3 When attending or participating in an Event, you shall at all times comply with the applicable laws and regulations, and follow instructions (including an instruction to comply with a policy of the relevant site). In particular, you acknowledge and agree that the possession and/or use of illicit drugs, controlled substances, contraband, weapons and illegal items are prohibited at Events. We may carry out security screenings and searches at any time before or during an Event. We may refuse admission to, or remove from an Event anyone who doesn’t comply with these Terms; engages in disorderly conduct or willful misconduct; or engages in harassing, threatening, abusive or otherwise inappropriate behaviour towards our employees, contractors, event staff or other event attendees. We shall accept no liability for any damages or losses arising out of or in connection with our security screenings and searches, and/or one’s non-admission or removal from an Event, and shall not be obliged to issue any ticket refunds in this respect.

25.4 Subject to applicable law and regulations, we exclude any and all our liability and responsibility for any physical- or mental-health injury or impact, or damage, loss or theft of property which you may suffer in connection with an Event. You acknowledge the specific nature of our Events and agree to take reasonable precautions to avoid damage to the physical and mental well-being of yourself and others. 

25.5 You acknowledge that we may change Event date, time and/or location at any time. We will make a commercially reasonable effort to notify you in advance of any material changes. If we have to cancel an Event, your sole and entire remedy will be the refund of the ticket price at its face value. We will accept no further liability to you or any third party, including any liability for travel or accommodation costs.

25.6 You acknowledge that we may obtain, create and publish recordings of Events, in which we may include your image for illustrative purposes. We will always obtain your specific consent where the recording focuses on you and the applicable laws and regulations require us to obtain such consent. 

26 How to contact us for support or to report complaints, faults or abuse

If you require customer support or would like to report a complaint, a fault or abusive behaviour in violation of the rules set out in section 7 or if you have any other questions or comments in relation to our Services then you may contact us at support@liquid.city.

27 Disputes 

27.1 This section offers a streamlined way to resolve disputes between you and us if they arise. Most of your concerns can be resolved by contacting customer service at support@liquid.city. If we cannot resolve your concern, you and we agree to be bound by the procedure set forth in this section to resolve any and all disputes between us. Provisions of clauses 27.1 through 27.7 are subject to clause 27.8, i.e. they apply to all users except to those residing in the U.S. and Canada to whom clause 27.8 applies.

27.2 You will be responsible for all your legal costs incurred in relation to any dispute between us and 50% of any arbitration costs, including fees payable to the arbitrator. This will apply notwithstanding the outcome of any arbitration. 

27.3 Claims Covered by Arbitration: All disputes, claims or controversies arising out of or relating to these Terms, any of our Services and their marketing, or the relationship between you, or anyone using your Liquid City account or otherwise acting on your behalf, and us, or any of our current or former affiliates, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, including the validity, enforceability or scope of this “Disputes” section ("Disputes") shall be determined exclusively by binding arbitration. This includes claims that accrued before you entered into these Terms. The only Disputes not covered by this section are claims regarding the infringement, protection or validity of your, our or our licensors' intellectual property, trade secrets or copyright, trademark or patent rights.

27.4 Informal Negotiations: You and we shall first attempt to resolve any Dispute informally for at least 60 days before initiating arbitration. The informal negotiations commence upon receipt of written notice from one person to the other ("Notice of Dispute"). The Notice of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought. We will send our Notice of Dispute to your billing or email address. You will send your Notice of Dispute by contacting our customer service team at support@liquid.city. Most disputes are resolved by our customer service team but if for whatever reason they are not able to solve the issue, you will be provided an opportunity to escalate the matter first to our responsible management team. 

27.5 Binding Arbitration: If you and we cannot resolve a Dispute informally, subject to the exceptions in section 24.3, you or we will have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be administered by the London Court of International Arbitration ("LCIA") according to the LCIA's arbitration rules and procedures (the "LCIA Rules") as modified by these Terms. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of England and Wales. You shall be responsible for 50% of all arbitration fees. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and we may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgement on the award entered by the arbitrator.

27.6 Limitations: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR OR YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator shall not consolidate another person's claims with your claims, and shall not preside over any type of representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this specific subsection is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void and the parties acknowledge that any such claim and dispute shall be resolved exclusively by and in the courts in England and Wales and in accordance with the laws of England and Wales.

27.7 Location: If an in-person hearing is required, the hearing under section 24.5 will take place in London, England and any other required hearing will take place in London, England. Any decision or award may be enforced as a final judgement by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial acceptance of any award and an order of enforcement.

27.8 FOR U.S. AND CANADIAN USERS ONLY: This section 27.8 applies only to users who reside in the U.S. or Canada, and offers a streamlined way to resolve disputes between you and us if they arise.  Most of your concerns can be resolved by contacting customer service at support@liquid.city. If we cannot resolve your concern, you and we agree to be bound by the procedure set forth in this section to resolve any and all disputes between us. PLEASE READ THIS SECTION CAREFULLY. IT PROVIDES THAT YOU AND WE ARE AGREEING TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS.

27.8.1 Claims Covered by Arbitration:  All Disputes shall be determined exclusively by binding arbitration.  The term “Dispute” is intended to be given the broadest possible meaning that will be enforced. If you have a Dispute that cannot be resolved through negotiation within the time frame described in the "Notice of Dispute" section below, you and we agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this section, and not litigate any Dispute in court, except for those matters listed in the Exclusions from Arbitration section. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. Your agreement to arbitrate survives your, or our, termination of your access to the Services.

27.8.2 Exclusions from Arbitration: You and we each agree that the following causes of action and/or claims for relief are exceptions to the Disputes covered by the arbitration agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as outlined in this arbitration agreement): (i) any claim or cause of action alleging actual or threatened regarding the infringement, protection or validity of your, our or our licensors' intellectual property, trade secrets or copyright, trademark or patent rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief, where such remedies are permitted and cannot be waived by applicable law. In addition, to the extent your claim or Dispute qualifies under applicable law, you may elect to proceed in small claims court.

27.8.3 Opt-Out Right: YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION AND THE CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT, OR ANYONE ACTING ON YOUR BEHALF ACCEPTS, THIS AGREEMENT UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW (the “Opt-Out Deadline”). YOU MAY OPT-OUT OF THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION BY EMAIL TO support@liquid.city WITH THE SUBJECT LINE “Terms of Use – Opt-Out Notice.” YOUR WRITTEN NOTICE MUST INCLUDE: (1) YOUR PLAYER ID, (2) YOUR NAME, (3) YOUR ADDRESS, (4) THE EMAIL ADDRESS ASSOCIATED WITH YOUR APP STORE OR LIQUID CITY STORE ACCOUNT, IF YOU HAVE ONE, AND (5) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH LIQUID CITY THROUGH ARBITRATION.

In order to validly terminate the arbitration agreement, we must receive your opt out notice no later than 3 days after the Opt-Out Deadline for it to be valid. You agree that you must pursue any claim in arbitration or small claims court if we do not receive an opt-out notice from you, or if we receive an opt-out notice from you more than 3 days after the Opt-Out Deadline.

27.8.4 Notice of Dispute: If you have a Dispute with us, or any of our affiliates, you must send a written notice to support@liquid.city, with the subject line “Notice of Dispute”. The informal negotiations commence upon receipt of written notice from one person to the other (“Notice of Dispute”). The Notice of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (together, the “Required Information”). If your notice does not contain all of the Required Information (or an explanation of why you are unable to include any of the Required Information), then the Notice of Dispute shall be without effect, and must be resent before any arbitration or other legal action may be initiated. This requirement is intended to inform us that you have a Dispute to be resolved. We will send our Notice of Dispute to your billing or email address. Most disputes are resolved by our customer service team but if for whatever reason they are not able to solve the issue, you will be provided an opportunity to escalate the matter first to our responsible management team member(s). You and we agree to attempt to resolve any Dispute informally, and in good faith, for at least 60 days after an effective Notice of Dispute is provided, before initiating arbitration pursuant to the terms of this section.

27.8.5 Arbitration Procedure: If you and we cannot resolve a Dispute informally, subject to the exceptions in section 24.8.2, you and we agree to have the Dispute finally and exclusively resolved by binding arbitration. The arbitration shall be administered by the American Arbitration Association ("AAA"), unless the AAA declines or is unable, then Liquid City will select an alternative arbitral forum.

We agree that we will pay all filing, administration and arbitrator fees other than the initial filing fee that you must pay to file the initial arbitration demand. If your Claim is for less than $1,000 we will reimburse you for the filing fee if you provide a written request for reimbursement with evidence of insufficient funds to pay the fee yourself. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Liquid City will pay as much of your filing fee in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation. Otherwise, we will each bear the fees and expenses of our respective attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration.

Arbitration will be conducted in accordance with the AAA’s rules, including the AAA’s Consumer Arbitration Rules, respectively the AAA's Supplementary Rules for Multiple Case Filings (as applicable), as modified by these Terms. The AAA rules and information about arbitration and fees are available online at www.adr.org  or by calling the AAA at 1-800-778- 7879. The arbitration will be conducted in English by one arbitrator, who will be appointed by the AAA. For Claims under $25,000, the arbitration will not involve any personal appearance by the parties or witnesses but will instead be conducted based solely on written submissions, unless you or we request an in-person or telephonic hearing or the arbitrator determines that an in-person or telephonic appearance is required. In the case of a hearing, the presumption shall be in favour of a virtual hearing, unless the arbitrator determines that a party’s right to a fundamentally fair process would be impaired without an in-person hearing. In the case of an in-person hearing, the hearing shall be conducted in a mutually convenient location. Liquid City will ordinarily request that the hearing be held in London, United Kingdom. You may petition the arbitrator to select an alternative location for the hearing. The arbitrator’s selection of a hearing location shall be final and binding. You agree that in the event of an in-person hearing, any Liquid City employee or affiliate who is based outside of the United States and who is participating in the hearing may participate by telephone or video conference, and their physical presence will not be required.

Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

Ordinarily, pre-hearing information exchange will be limited to the reasonable production of non-privileged documents directly relevant to the dispute. Unless the arbitrator determines that an additional form of information exchange is necessary to provide for a fundamentally fair process, those documents will be limited to your game play data and in-app purchases and communications directly about that information among you and Liquid City. Any issues regarding discovery, or the relevance or scope thereof, will be determined by the arbitrator, and the arbitrator’s determination will be conclusive.

The arbitrator will have the power to grant declaratory or injunctive relief, whether interim or final, only in favour of you individually and only to the extent necessary to provide relief warranted by your individual claim without affecting other Liquid City customers, and any provisional measures ordered by the arbitrator may be enforced by any court of competent jurisdiction. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. Nothing in these Terms will prevent you from seeking public injunctive relief separately from arbitration in court pursuant to these Terms, and any such application will not be deemed incompatible with the agreement to arbitrate or as a waiver of the right to arbitrate your individual claims. You and Liquid City agree that any proceedings seeking a remedy of public injunctive relief will proceed after the arbitration of all arbitrable Claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.

27.8.6 Class Action Waiver: In addition to the above, YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, EXCEPT FOR ACTIONS FOR INJUNCTIVE RELIEF AS DESCRIBED BELOW AND IN THIS PARAGRAPH. Upon motion of one or more interested parties, and after providing all other interested parties an opportunity to be heard, the arbitrator may, at their discretion, coordinate more than one arbitration proceeding initiated under this arbitration agreement, in order to promote efficiency in discovery and to avoid inconsistent legal rulings.  In the interest of clarity, any coordination under the preceding sentence will be limited only to currently pending arbitrations initiated under this arbitration agreement, and the arbitrator may not preside over any form of a representative or class proceeding.  All parties will retain the right to request an individualized hearing.

If a court or arbitrator determines, in an action between you and us, that this class action waiver is unenforceable, this arbitration agreement will not apply to you. If you opt out of the arbitration agreement as specified above, this class action waiver will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt-out procedure set forth above.

27.8.7 Jury Waiver: IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

28 General 

These Terms and any document incorporated by reference constitute the entire agreement between you and us and supersede any previous terms between us in relation to such matters. The rights, limitations, exclusions and restrictions in these Terms shall pass to the benefit of our licensors, successors and assigns. These Terms are drafted in the English language and may be translated into other languages. The English language version of these Terms shall prevail if there is a conflict or inconsistency or clarification required with other language versions of these Terms or the Game. The headings in these Terms are for ease of reference only and shall be disregarded in construing or interpreting the Terms. If we fail to enforce any provision of these Terms, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. If any provision of these Terms is found by a court to be invalid, we agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision and that other provisions remain in full force and effect. We may transfer all or part of our rights or duties under these Terms provided we take reasonable steps to ensure that your rights under these Terms are not prejudiced. As these Terms are personal to you, you may not transfer any of your rights or duties under it without our prior written consent. A person who is not a party to these Terms shall have no rights to enforce any of its terms. These Terms are governed by the laws of England and Wales.  You and we both agree that the courts of England and Wales will have exclusive jurisdiction in relation to any dispute connected with these Terms and the Games and Services.

29 Notifications

We may send you emails, text messages, push notifications, alerts and other messages related to our Games and Services, such as updates about our enhancements, offers, products, events, and promotions. We have a legitimate interest in sending you any marketing communication, as set out in our Privacy Policy. After downloading our Games, you may, depending upon the device, be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from our Game, you may opt out by changing your notification settings on your device. With respect to other types of messaging or communications, such as emails or text messages, you can at any time unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at support@liquid.city.

30 Force Majeure

Force majeure means any cause or event beyond the reasonable control of the affected party including without limitation war, civil war, armed conflict or terrorist attack, nuclear, chemical or biological contamination, pandemic, strikes, civil action, unavailability of the internet, unscheduled hosting and maintenance to systems, power and data losses and acts of God. We shall not be obliged to perform our obligations under these Terms to the extent that we are prevented from doing so by reason of an event of force majeure.  Performance of these Terms may cease during the continuation of the force majeure event and for such time after that event ceases as is necessary for us to start satisfying our obligations again.  For so long as such force majeure event is continuing, our corresponding obligations under these Terms shall be suspended to the same extent.  If such force majeure continues for a continuous period in excess of four (4) months we may terminate access to the applicable Games, Virtual Items or Services immediately on service of notice to you.

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