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11.02.2021by

Terms of Service

PLEASE READ THESE TERMS OF SERVICE VERY CAREFULLY BEFORE USING OUR SERVICES.
PLEASE READ VERY CAREFULLY THE PROVISIONS IN THE SECTIONS TITLED “VIRTUAL ITEMS”, “LIMITATION OF LIABILITY”, “CLASS ACTION WAIVER”, “STATUTE OF LIMITATIONS”, “REMEDY”, “LEGALITY” AND OTHERS BELOW. IT REGULATES AND AFFECTS SOME OF YOUR RIGHTS ABOUT HOW TO USE MURKA SERVICES AND RESOLVE ANY DISPUTE WITH MURKA.

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PLEASE BE SURE THAT YOU CLEARLY UNDERSTAND THESE TERMS OF SERVICE.
The Terms of Service (the 'Terms') you are reading are a legal agreement between Murka Games Limited ('Murka') and you. In these Terms, “Murka” refers to Murka Games Limited and its “Affiliates”, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership. We may also refer to Murka as “we” or “us”. By accessing and using our games, content, activities and services (the 'Service') which are made available via our web site or through our social networking websites, or any mobile versions thereof (the 'Site'), you signify that you have read, understand and agree to be bound by these Terms, whether or not you are a registered member of Murka or any of our games.
Your access to and use of the Site and Service are also governed by Murka’s Privacy Policy ('Privacy Policy'), which are incorporated by reference in their entirety herein (both the Terms of Service and the Privacy Policy shall collectively be referred to herein as the “Terms” unless specifically stated otherwise). By accessing and/or using the Site and/or Service, you agree to abide by the Terms, including all rules, terms, conditions, restrictions and notices therein. If you do not wish to be bound by the Terms, you may not access or use the Site or the Service.

Right to Modify

Murka reserves the right, at its sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. Users are responsible for viewing these Terms periodically. Your continued use of the Service after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms. If you do not agree to the Terms, your only remedy is to discontinue your use of the Service, and to cancel any accounts you have created using the Service.

License to Use the Services

Subject to your compliance with these Terms, you may use the Services solely for your own non-commercial entertainment purposes by accessing it through your web browser or other application provided by Murka or its service providers and partners. You may not use the Services for any other purpose. This license is subject to certain limitations. Any use of the Services in violation of these limitations will be considered a breach of this Agreement, and may result in disciplinary or legal action against you or your account. You agree that you will not: Cheat or use, develop or distribute automation software programs ('bots'), 'macro' software programs or any other 'cheat utility' software program or applications which are designed to modify the Murka experience to the detriment of fair play; Disrupt, attempt to, or otherwise assist in the disruption of (i) any computer used to support the Services or (ii) any other player's experience; Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users' computers; Exploit the Services or any of its parts for any commercial purpose; Promote or encourage any illegal activity including, without limitation, hacking, cracking or the distribution of counterfeit software, or cheats or hacks for the Services; Reproduce, translate, reverse engineer, modify, disassemble, or decompile, in whole or in part, or create derivative works of the Services, except to the extent permitted by applicable law.

Disclosure and Transfer of Personal Data

Personal data may be disclosed in accordance with applicable legislation and Murka’s Privacy Policy. Additionally, Murka may disclose personal data to its parent companies and its subsidiaries in accordance with Murka’s Privacy Policy. Murka may hire agents and contractors to collect and process personal data on Murka’s behalf, and in such cases such agents and contractors will be instructed to comply with our Privacy Policy and to use personal data only for the purposes for which the third party has been engaged by Murka. These agents and contractors may not use your personal data for their own marketing purposes. Murka may disclose your personal data to third parties as required by law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you or Murka to legal liability. Murka may also disclose your personal data to third parties when Murka has a reason to believe that a disclosure is necessary to address potential or actual injury or interference with Murka’s rights, property, operations, users or others who may be harmed or may suffer loss or damage, or Murka believes that such a disclosure is necessary to protect Murka’s rights, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on Murka.

Code of Conduct

Your use of the Services is governed by certain rules (the 'Code of Conduct'), which are maintained and enforced by Murka, and must be adhered to by all users at all times when using or accessing the Services. It is your responsibility to know, understand, and abide by this Code of Conduct. By accessing and using the Services, you agree that you will not: Publish, post, upload, transmit, distribute or disseminate Content that is harmful, abusive, vulgar, harassing, sexually explicit, sexually provocative, pornographic, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another's right of privacy or publicity (including distributing another player's personal information if he or she has not made such information public on the host site (if applicable)), hateful, racist, homophobic, bigoted, or otherwise offensive or objectionable; Make any threats or threatening remarks, including (but not limited to) threats directed at minors, threats against another individual or their family, and other such remarks which, in our opinion, are outside the scope or context of the game; Restrict or inhibit any other user from using and enjoying the Services. For example, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, 'spamming,' or flooding (continuously posting repetitive text), are all prohibited; Promote, encourage, or otherwise advocate the use of illegal drugs; Violate the terms of any other applicable agreement or terms governing the access or use of the Services (including any end user license, code of conduct or other terms of use/service or guidelines from any web site on which the Services are available); Use, upload, transmit, distribute or otherwise make available any Content, including images or photographs, which are made available through the Services that infringes any copyright, trademark, privacy, publicity or other proprietary right of any party; Except as expressly authorized by us, advertise or offer to sell or buy any goods or services for any purpose, unless the Services on which you are playing specifically allows such messages. Offers to buy or sell in-game items, if applicable or permitted by Murka for any Services, must be limited to the appropriate forum or channel for such offers; Collect (in an automated manner or otherwise) personal information about others, or impersonate or create a false identity (such as a celebrity, web site administrator or a Murka representative) for the purpose of misleading others (including attempting to obtain the password, the account, or other information from a user); Use the Services (including bulletin boards and other communications services) in any manner other than for personal communication as an individual user (i.e. sending surveys, contests, pyramid schemes, chain letters, junk email, spam or any duplicative or unsolicited messages); or Use the Services for fraudulent transactions or for any purpose that violates any applicable local, state, national, or foreign laws, regulations, or treaties. These rules are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be in violation of the Code of Conduct or otherwise outside the spirit of the Services, and to take such action as we see fit - up to and including termination of your account and exclusion from further participation in the Services. We reserve the right to modify this Code of Conduct at any time.
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Communication Channels

The Services may provide communication channels such as forums, communities, or chat areas (the 'Communication Channels') designed to enable you to communicate with other Service users. Murka is under no obligation to monitor these communication channels but may do so, and reserves the right to review materials posted to the Communication Channels, and to remove any materials, at any time without written notice for any reason, at its sole discretion. Murka may also terminate or suspend your access to any Communication Channels at any time, without written notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by Murka, and these communications should not be considered reviewed or approved by Murka. You will be solely responsible for your activities within the Communication Channels, and under no circumstances will Murka be liable for any activity within the Communication Channels. When you post your observations and comments on the Service such as in forums, communities, blogs or chat areas, Murka cannot guarantee that other players will not use the ideas and information that you share. If you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it. MURKA IS NOT RESPONSIBLE FOR ANY OTHER PERSON’S USE OR APPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, COMMUNITIES, BLOGS OR CHAT AREAS. Murka may also, at its discretion, choose to monitor and/or record your interaction with the Service or your communications with Murka or other players (including without limitation chat text and voice communications) when you are using the Service.

Account information

You understand and agree that you may not distribute, sell, transfer or license Murka’s content and/or application in any manner, in any country, or on any social network, or other medium without the explicit prior written permission of Murka. You grant Murka the right to act as an agent on your behalf as the Service’s operator. If any of the Services require you to open an account directly with us, you must complete the registration process by providing current, complete and accurate information (including, if required, your email address) as prompted by the applicable registration form. You are responsible for maintaining the confidentiality of your account information (including usernames and passwords) and are responsible for any and all activities that occur under your account. You must notify us immediately of any unauthorized use or the theft of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. You are responsible for the activities occurring under your account, and you will be liable for any losses or damages incurred by Murka or another party due to someone else using your account. You may not use anyone else's account at any time. Your account is personal to you and you may not transfer or make available your account to others. Any distribution by you of your account or related information may result in the cancellation of your account without refund. Unless written otherwise, you may not use our Services if you are under 13 years of age (or under 16 years of age, if you are located in the European Economic Area (the “EEA”), or under the age of majority where you are located) (collectively, “Children”), in which case you must not use any of our Services, or submit personal information in the Services or to Murka (for example, your name, address, telephone number, or email address). Children may not register for an account or provide any personal information to Murka. By using our Services, you represent and warrant that you are a person who is over the minimum legal age to consent to the collection and processing of personal data under applicable law where you are located or whose parent or legal guardian have accepted and agreed to our Terms of Service and Privacy Policy. You agree that you will not knowingly allow any Child to use or access the Services without a parent or legal guardian supervising him or her.

Virtual Items

ALL PURCHASES AND PAYMENTS OF ALL KINDS IN THE SERVICE ARE STRICTLY VOLUNTARY AND NON-BINDING.
The Service does not offer an opportunity to win real money, prizes or anything of value. No actual money or anything of value can be won playing the games offered through the Service.
The Service may include an opportunity to collect through gameplay or to purchase (the “Virtual Items”): (a) virtual, in-game “currency”, including but not limited to virtual “coins”, “points”, “credits”, “bonuses”, “chips”; (b) virtual in-game items, including but not limited to virtual “gems”, “chests”, “bracelets”, “spins”; (c) certain in-game benefits, including but not limited to additional levels or extra content, – all for use in the Service. Virtual Items constitute a specific functionality of gameplay, without any material value, that can be used by you personally only within the Service. Virtual Items have no monetary or material value and cannot be used to purchase or use products or services other than within the applicable Service. Virtual Items cannot be refunded or exchanged for cash or any other tangible value. Virtual Items may not be purchased or sold outside of the Service from any individual or other company via cash, barter or any other transaction. Some number of free Virtual Items may be made available to you to collect when you log into the Service at certain time intervals. You may always wait until additional free Virtual Items are available to you. Virtual Items purchased or available to you in the Service can only be used in connection with the Service where you obtained them or where they were collected by you as a result of gameplay. Any purchase of Virtual Items, as well as Virtual Items accumulated through Service, are purchases of a limited, non-exclusive, non-transferable, non-assignable, revocable license (permit) to use such functionality (those Virtual Items) within the applicable Service, subject to the limitations and other terms set out by Murka, and does not transfer ownership of those Virtual Items to you. This license is personal to you and cannot be sold, transferred, assigned, gifted, traded or sublicensed. Murka expressly prohibit and do not recognize any sales, transfers, assignments, gifts, trades or sublicenses of Virtual Items, whether for money, goods or any other exchange for anything of value outside of the Service. Any such transfer or attempted transfer is prohibited and void, and may subject you to a termination of your account, a lifetime ban from using Murka’s products and services, and even legal action. Murka retains the right to manage, control, modify and/or discontinue Virtual Items without notice at its sole discretion, and Murka shall have no liability to you or anyone for the exercise of such rights. Prices, availability, % of discount/increase of Virtual Items are subject to change without notice. Murka may remove or cancel Virtual Items associated with your account upon its sole discretion. All sales of Virtual Items and/or other content are final. Virtual Items purchased in Murka’s games on applications stores or platforms such as but not limited to Facebook, App Store, or Google Play will be subject to those platforms’ payment terms and conditions. Murka does not control how you can pay on those platforms and shall not be liable for processing the payment by such third parties. Please review those platforms’ terms of service for additional information. If your Service account is charged for items or services you did not purchase, charged with any incorrect amount that does not correspond to the number of purchased items and services, or you did not receive any of the ordered additional features, you may request a refund or correction in accordance to payment provider policy. All games are intended for an adult audience and do not offer real money gambling or an opportunity to win real money or prizes. Practice or success at social gaming does not imply future success at real money gambling.
From time to time, we may offer limited-time promotions, contests, sweepstakes (“Promotion”). Please review the official rules (if any) associated with any Promotion and any other terms and conditions that apply to such Promotion. They will apply in addition to these Terms. Also, at our sole discretion, we may make promotional offers, including discounts, deals, events with different features and different pricing to any of our users. Such offers may be different for different platforms such as Facebook, Google Play, App Store, etc., and for different users. These offers, unless made to you, will not apply to your offer. Therefore, unless otherwise defined by us, offer shall apply only to the user to whom it is addressed and only within the platform (store, website) on which it is made. We are not required to give, and you are not required to accept, any offer. Availability, % of discount, duration period of such offers are subject to change without notice. Murka retains the right to manage, control, modify and/or discontinue promotional offers without notice at its sole discretion, and Murka shall have no liability to you or anyone for the exercise of such rights. Please read terms and conditions (if any) that apply to such offers as they will apply in addition to these Terms. If you accept any offer, you may have to sign a declaration of eligibility and liability release or other paperwork to receive the offer. If you accept any offer, you assume all liability associated with the offer.

Content Rights

'Content' means the software, communications, images, sounds, and all the material and information perceived or made available from the Services, whether provided by Murka or by users of the Services. Content also includes any feedback, comments, or suggestions you may provide regarding the Services, other Content, or the Site, including any responses provided through user surveys. You acknowledge and agree that all Content, including, without limitation, all accounts, characters created, and Virtual Items or in-game “currency” acquired and developed as a result of game play, are the sole and exclusive property of Murka and may be used by Murka (and/or its affiliates, publishing partners, distributors, licensors and licensees) for any purpose, including for commercial or promotional use. You agree that you may only upload, or otherwise transmit on or through the Services, Content that does not infringe the intellectual property rights of any third party, and you represent and warrant that any Content you do transmit will not infringe the intellectual property rights of any third party. If you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the Content, you agree to and hereby do assign solely and exclusively to Murka all of your right, title and interest in and to such Content, without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity. If such assignment is ineffective under applicable law, you hereby grant to Murka the sole and exclusive, irrevocable, sublicensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display, use, and practice such Content, and to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in such Content. Murka representatives may monitor certain Content on the Services, but cannot monitor or prescreen all of the Content on the Services, and do not attempt to do so. Murka and its designees have the right, but not the obligation, to edit, refuse to post, or remove any Content posted on any Services that are deemed objectionable or violate these Terms or the spirit of these Terms, in our sole discretion and determination. If you encounter something you find objectionable and in violation of these Terms, you can bring it to our attention by 'flagging' it or reporting it via the in-game support system. We do not assume any responsibility or liability for Content that is generated by users of the Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Services. You acknowledge and agree that Murka may use built-in tracking features to obtain information regarding your use of the Service, and agree that such information is deemed to be Content for all purposes under these Terms.

Termination

Your right to access and use the Site, Service and Content will remain effective until terminated in accordance with the Terms. Murka reserves the right to revoke the license granted to you herein, and if we do, Murka may terminate your access to and use of the Site, Service and Content and may, at its sole discretion, maintain or delete your Account and any items associated therewith. In particular, but without limitation, you understand that value cannot and shall not be attributed to the time that you may spend accumulating Virtual Items, accumulating or creating Site items, creating submissions, or accumulating or creating any other digital and/or virtual objects, and you understand and agree that you will not be compensated under any circumstances for any Virtual Items, Site items or submissions, regardless of whether you are barred from access to them. Murka may suspend, terminate, modify, or delete your Service account or rights thereto with or without prior notice to you, at any time for any reason or for no reason, including without limitation, for any violation or suspected violation of the Terms or for any other reason that Murka, at its sole discretion, determines is appropriate. For example, your account may be deleted and terminated without warning if Murka believes, at its sole discretion, that you violate any provision of these Terms; if you have provided any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete); or Murka has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete.

Digital Millennium Copyright Act

If You are a copyright owner or an agent thereof and believe Your work is the subject of copyright infringement on the Service, You may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to MURKA’S Designated Agent the following information: (a) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (b) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (c) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (d) A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (e) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (f) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed. MURKA’S Designated Agent for claims of copyright infringement can be reached as follows: [email protected] You acknowledge that if you fail to comply with substantially all of the above requirements of this section, Your DMCA notice may not be valid and we may not be able to remove infringing content. Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Applicable Law, Jurisdiction and Venue

If You are a copyright owner or an agent thereof and believe Your work is the subject of copyright infringement on the Service, You may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to MURKA’S Designated Agent the following information: (a) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (b) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (c) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (d) A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (e) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (f) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed. MURKA’S Designated Agent for claims of copyright infringement can be reached as follows: [email protected] You acknowledge that if you fail to comply with substantially all of the above requirements of this section, Your DMCA notice may not be valid and we may not be able to remove infringing content. Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Arbitration of Disputes Relating to US Laws

Any dispute, controversy or claim arising out of, relating to or in connection with this contract, including the breach, termination or validity thereof, shall be finally resolved by arbitration under the Rules of Arbitration of the American Arbitration Association for all such disputes relating to the laws of the Unites States of America or any State of the United States of America. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. The parties agree to arbitrate solely on an individual basis, and that this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement will remain in force.

Arbitration Provision and Court or Jury Trial and Class Action Waivers

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS. IF YOU DO NOT AGREE WITH ALL OF THE CONTENTS OF THIS SECTION, YOU ARE PROHIBITED FROM ACCESSING OR USING THE SITE OR SERVICE. YOU AGREE THAT BY ACCESSING OR USING THE SITE OR SERVICE, YOU ARE WAIVING ANY RIGHT YOU MAY HAVE TO FILE OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE ACTION AND ARE WAIVING ANY RIGHT TO A COURT OR JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
YOU AGREE THAT ANY AND ALL CLAIMS, CONTROVERSIES, AND DISPUTES ARISING FROM OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS AND CONDITIONS, YOUR USE OF THE SITE OR SERVICE, OR YOUR DEALINGS WITH MURKA, INCLUDING, BUT NOT LIMITED TO, ENFORCEABILITY OF THIS SECTION, SHALL BE FINALLY REFERRED TO, SETTLED, DETERMINED, AND RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AS DESCRIBED IN THIS SECTION.
YOU AGREE THAT, TO THE EXTENT ANY CLAIMS EXIST, YOU MAY BRING SAID CLAIMS AGAINST MURKA ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION OR PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS. THE RIGHT TO PARTICIPATE IN A CLASS ARBITRATION AND/OR CLASS ACTIONS ARE NOT PERMITTED AND ARE EXPRESSLY WAIVED AND RELEASED.
THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE INTERPRETED BROADLY. THE ARBITRATION WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA), AS MODIFIED BY THIS SECTION. IN THE EVENT OF A CONFLICT BETWEEN THE RULES AND PROCEDURE SET FORTH IN AAA’S RULES AND THIS AGREEMENT, THOSE SET FORTH IN THIS AGREEMENT WILL CONTROL TO THE EXTENT PERMITTED BY LAW.

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THE ARBITRATION WILL BE CONDUCTED USING ONE ARBITRATOR WITH SUBSTANTIAL EXPERIENCE IN RESOLVING COMMERCIAL CONTRACT DISPUTES, WHO SHALL BE SELECTED FROM THE APPROPRIATE LIST OF ARBITRATORS IN ACCORDANCE WITH THE ARBITRATION RULES AND PROCEDURES OF AAA OR AN ARBITRATOR THAT YOU AND MURKA AGREE UPON IN WRITING OR, AS IS APPOINTED PURSUANT TO SECTION 5 OF THE FEDERAL ARBITRATION ACT EXCEPT THAT SUCH AN ARBITRATOR SHALL BE SELECTED BY AAA. THIS ARBITRATION AGREEMENT INVOLVES INTERSTATE COMMERCE AND, THEREFORE, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1-16 (FAA), AND NOT BY STATE LAW. INFORMATION ON AAA AND HOW TO START ARBITRATION CAN BE FOUND AT WWW.ADR.ORG.
FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS $10,000 OR LESS, THE ARBITRATOR, YOU AND MURKA MUST ABIDE BY THE FOLLOWING RULES: (A) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON TELEPHONE OR ONLINE APPEARANCES AND/OR WRITTEN SUBMISSIONS; AND (B) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES. IF THE CLAIM EXCEEDS $10,000, THE RIGHT TO A HEARING WILL BE DETERMINED BY THE AAA RULES, APPLYING STATE NEW YORK LAW AND THE HEARING (IF ANY) MUST TAKE PLACE IN NEW YORK STATE. THE ARBITRATOR’S RULING IS BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION, OR APPLICATION MAY BE MADE TO SUCH COURT FOR JUDICIAL ACCEPTANCE OF ANY AWARD AND AN ORDER OF ENFORCEMENT, AS THE CASE MAY BE.
BY AGREEING TO THESE TERMS AND CONDITIONS, YOU WILL NOT BE ABLE TO HAVE A COURT OR JURY TRIAL OR HEAR ANY OF YOUR CLAIMS AND YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION, YOU ARE EXPRESSLY WAIVING THE RIGHT TO A COURT OR JURY TRIAL.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS, YOUR USE OF THE SITES OR SERVICE, OR YOUR DEALINGS WITH MURKA MUST BE COMMENCED IN ARBITRATION WITHIN ONE (1) YEARS AFTER THE CAUSE OF ACTION ACCRUES. AFTER THAT ONE (1)-YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW TIME LIMITATIONS OTHER THAN THOSE SET FORTH IN SUCH STATE’S STATUTE OF LIMITATIONS LAWS. IN SUCH CASES, THE APPLICABLE STATUTE OF LIMITATIONS PROVIDED FOR UNDER THE LAWS OF SUCH STATE SHALL APPLY.
YOU AGREE THAT ALL CHALLENGES TO THE VALIDITY AND APPLICABILITY OF THE ARBITRATION PROVISION—I.E. WHETHER A PARTICULAR CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION—SHALL BE DETERMINED BY THE ARBITRATOR. NOTWITHSTANDING ANY PROVISION IN THESE TERMS TO THE CONTRARY, IF THE CLASS-ACTION WAIVER ABOVE IS DEEMED INVALID OR UNENFORCEABLE, YOU AGREE THAT YOU SHALL NOT SEEK TO, AND WAIVE ANY RIGHT TO, ARBITRATE CLASS OR COLLECTIVE CLAIMS. IF THE ARBITRATION PROVISION IN THIS SECTION IS FOUND UNENFORCEABLE OR TO NOT APPLY FOR A GIVEN DISPUTE, THEN THE PROCEEDING MUST BE BROUGHT EXCLUSIVELY IN THE STATE COURTS OF COMPETENT JURISDICTION OR THE UNITED STATES DISTRICT COURTS LOCATED IN New York State, AS APPROPRIATE, AND YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF EACH OF THESE COURTS FOR THE PURPOSE OF LITIGATING SUCH CLAIMS OR DISPUTES, AND YOU STILL WAIVE YOUR RIGHT TO A JURY TRIAL, WAIVE YOUR RIGHT TO INITIATE OR PROCEED IN A CLASS OR COLLECTIVE ACTION, AND REMAIN BOUND BY ANY AND ALL LIMITATIONS ON LIABILITY AND DAMAGES INCLUDED IN THESE TERMS AND CONDITIONS. THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WILL SURVIVE TERMINATION OF YOUR USE OF THE SITE OR SERVICE, AND YOUR RELATIONSHIP WITH MURKA.
YOU WILL BE REQUIRED TO PAY A REASONABLE COST TO INITIATE THE ARBITRATION EQUAL TO, BUT NO GREATER THAN WHAT YOU WOULD BE CHARGED AS A FIRST APPEARANCE FEE IN COURT. MURKA WILL PAY ALL FEES AND COSTS THAT ARE UNIQUE TO THE ARBITRATION PROCESS, INCLUDING THE ARBITRATOR'S FEES. THE ARBITRATOR SHALL HAVE ONLY SUCH AUTHORITY TO AWARD EQUITABLE RELIEF, DAMAGES, COSTS, AND FEES AS A COURT WOULD HAVE FOR THE PARTICULAR CLAIM(S) ASSERTED, INCLUDING ATTORNEYS’ FEES AND COSTS. EITHER PARTY, AT ITS OWN EXPENSE, MAY BE REPRESENTED BY COUNSEL OF ITS OWN CHOOSING IN ALL STAGES OF THE ARBITRATION PROCEEDING. YOU AND MURKA WILL BE RESPONSIBLE FOR YOUR/ITS OWN ATTORNEYS’ FEES AND COSTS, UNLESS A PARTY PREVAILS ON A STATUTORY CLAIM AFFORDING THAT PERMITS AN AWARD OF PREVAILING PARTY ATTORNEYS’ FEES AND COSTS, AND THE ARBITRATOR MAKES AN AWARD OF SUCH FEES AND COSTS. OTHERWISE, EACH PARTY MUST BEAR THEIR OWN FEES AND COSTS.
IF YOU WISH TO INITIATE ARBITRATION AGAINST MURKA, YOU MUST SEND WRITTEN NOTICE TO MURKA AT THE ADDRESS BELOW: [email protected]
I HAVE CAREFULLY READ THIS AGREEMENT, AND I UNDERSTAND AND AGREE TO ITS TERMS. I HAVE ENTERED INTO THIS AGREEMENT VOLUNTARILY, AND HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS OTHER THAN THOSE CONTAINED HEREIN. I UNDERSTAND THAT I AM GIVING UP MY RIGHT TO A JURY TRIAL AND MY RIGHT TO PURSUE A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION BY ENTERING INTO THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. I ALSO ACKNOWLEDGE THAT I HAVE HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY IF I SO CHOSE.
With respect to any dispute regarding the Site or Service or your use of the Site or Service, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New York, without giving effect to any principles of conflicts of laws, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York.

Choice of Law

If you are a United States resident, the laws of New York State, without regard to or application of its conflict of law provisions, will govern these Terms. If you are a resident of a country other than the United States, the laws of the British Virgin Islands, without regard to or application of its conflict of law provisions, will govern these Terms

Legality Requirement

You are subject to all laws of the state(s) and countries in which you reside and from which you access the Service, and are solely responsible for obeying those laws. If your accessing and using of the Service would result in violation of laws of the state(s) or country in which you reside and from which you access the Service, you are obliged and agree: (a) to immediately cease your use of the Service and (b) to cancel any accounts you have created using the Service and (с) to uninstall any software, related to the Service. If the Service or any part thereof is determined to be illegal under the laws of the state(s) or country in which you are situated, you are not granted any license to use the Service and you must refrain from using the Service. Virtual Items may only be collected or purchased by legal residents of state(s) and countries where access to and use of the Service are permitted.

Prohibition on Transfers

Murka expressly prohibits and does not recognize any sales, transfers, assignments, gifts, trades or sublicenses of Virtual Items, whether for money, goods or any other exchange for anything of value. This prohibition extends to any transfers of Virtual Items within the Service our outside of it. Any such transfer or attempted transfer is prohibited and void, and may subject you to a termination of your account, a lifetime ban from using Murka’s products and services, and even legal action.

Limitation of Liability

MURKA AND ITS LICENSORS WILL NOT BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE SERVICES INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICES INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MURKA OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL MURKA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNTS PAID BY YOU TO MURKA IN THE PAST 6 (SIX) MONTHS. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THESE TERMS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH MURKA.

Class Action Waiver

You agree that arbitration or court trial (whether before a judge or jury or pursuant to judicial reference) of any claim you may have against Murka, including Murka’s past and present affiliates, officers, directors, employees and agents, will take place on an individual basis without resort to any form of class or representative action (the “Class Action Waiver”). THE CLASS ACTION WAIVER PRECLUDES YOU FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION REGARDING A CLAIM.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, these Terms or the Privacy Policy, must be filed by you within SIX (6) MONTHS after such claim or cause of action arose, and is thereafter forever barred. You voluntarily and expressly waive any other longer statute of limitations. However, you agree that any shorter statute(s) of limitations remain in effect.

Indemnification

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You agree to defend, indemnify, and hold Murka harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including reasonable attorneys' fees) incurred by Murka arising out of or from your access and use of the Services, your violation of these Terms or any Content posted, transmitted or provided by you or on your behalf.

Remedy

You agree that your sole and exclusive remedy for any problems or dissatisfaction with the Service is: (a) to discontinue your use of the Service and (b) to cancel any accounts you have created using the Service and (с) to uninstall any software related to the Service.

Waiver and Severability

The failure of Murka to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Injunctive Relief

You acknowledge that the rights granted and obligations made hereunder to Murka are of a unique and irreplaceable nature, the loss of which shall irreparably harm Murka and which cannot be replaced by monetary damages alone so that Murka shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you.

Legality

You are subject to all laws of the state(s) and countries in which you reside and from which you access the Service, and are solely responsible for obeying those laws. If your accessing and using of the Service would result in violation of laws of the state(s) or country in which you reside and from which you access the Service, you are obliged and agree: (a) to immediately cease your use of the Service and (b) to cancel any accounts you have created using the Service and (с) to uninstall any software, related to the Service. If the Service or any part thereof is determined to be illegal under the laws of the state(s) or country in which you are situated, you are not granted any license to use the Service and you must refrain from using the Service. Virtual Items may only be collected or purchased by legal residents of state(s) and countries where access to and use of the Service are permitted.

Entire Agreement

These Terms are the entire and exclusive agreement between Murka and You regarding the Services, and these Terms supersede and replace any prior agreements regarding the foregoing. If you have any questions about these Terms, please contact Murka at: [email protected]
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