DAMN! Nation – Terms of Service

Effective Date: April 10, 2025

Please read these Terms of Service (“Terms”) carefully before using DAMN! Nation (the “Game”). By downloading, installing, or using the Game, you agree to be bound by these Terms, which form a binding legal agreement between you and Curse Free Studios LLC (“we,” “us,” or “our”). If you do not agree to these Terms, do not use the Game.

1. Acceptance of Terms

By accessing or using DAMN! Nation, you confirm that you accept these Terms and agree to comply with them. These Terms apply to your use of the Game, including any in-game content, updates, or services. We may update or modify these Terms from time to time. If we make material changes, we will provide notice by updating the “Effective Date” or by other means. Your continued use of the Game after updated Terms are posted constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Game.

2. Eligibility and Account Registration

Minimum Age: You may not use the Game unless you are 13 years of age or older. The Game is not intended for children under 13, and we do not knowingly collect personal information from anyone under 13. If you are under the age of majority in your jurisdiction (typically under 18), you affirm that your parent or legal guardian has reviewed and agreed to these Terms on your behalf​staratlas.com.

Account and Login: To access certain features, you may need to create a game account or log in via a supported platform (for example, using Google OAuth for sign-in). You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. One Account Per User: You agree not to create multiple accounts or share your account with others. If you suspect any unauthorized use of your account, you must notify us immediately. We are not liable for any loss or damage arising from unauthorized access to your account.

Account Information: When you log in with Google or another provider, you authorize us to collect and use certain information from that account (such as your display name and email) in accordance with our Privacy Policy. You must comply with the third-party account’s terms (e.g., Google’s Terms of Service) as well as these Terms.

Eligibility Declarations: By using the Game, you represent that (i) you are not on any U.S. government list of persons prohibited from receiving services (e.g., not listed as a sanctioned or blocked person)​staratlas.com, and (ii) you are not located in a country embargoed by the United States. We reserve the right to refuse access to any user who does not meet these eligibility requirements.

3. License to Use the Game

Grant of License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and play DAMN! Nation on your personal mobile device for your personal, non-commercial entertainment use only. This license does not give you any ownership interest in the Game or its content. All rights not expressly granted to you are reserved by Curse Free Studios LLC and its licensors.

Intellectual Property: The Game (including but not limited to its title, code, graphics, characters, artwork, environments, sounds, music, and logos) and all related intellectual property are owned by us or our licensors and are protected by copyright, trademark, and other laws. You agree not to remove or obscure any copyright, trademark, or other proprietary rights notices in the Game.

License Restrictions: You agree that you will not, and will not allow any third party to: (a) copy, distribute, publicly display, or publicly perform the Game or any part of it except as expressly permitted by us; (b) modify, adapt, translate, reverse engineer, decompile, or disassemble any part of the Game, except to the extent expressly allowed by applicable law (and then only after giving us prior written notice); (c) create derivative works based on the Game or any portion thereof; (d) use the Game for any commercial purpose, including but not limited to advertising, soliciting or transmitting any commercial advertisements, such as “spam”; (e) sell, rent, lease, license, transfer, or assign the Game, your account, or any in-game items or entitlements to any other person except as permitted by these Terms; (f) attempt to bypass, disable, or interfere with any security or technical measures in the Game (for example, attempting to interfere with the normal functioning of the Game or cheat mechanisms); or (g) use the Game in any manner not expressly authorized by these Terms.

Updates and Patches: We may deploy patches, updates, or modifications to the Game that must be installed for you to continue using the Game. You consent to such automatic updates. We may also modify or discontinue certain features of the Game at any time (see Section 14 below on Changes to Services).

4. In-App Purchases and Virtual Items

The Game may include the option to purchase virtual items, virtual currency, or premium features (collectively, “Virtual Items”) with real money through the Apple App Store or Google Play Store (the “Platforms”). Examples of in-app purchases include removal of ads, energy recharges, cosmetic items, or other enhancements.

Platform Transactions: All in-app purchases are processed through your Platform account (Apple or Google). This means you must have a valid account with the appropriate Platform, and all payments are governed by the Platform’s terms and conditions and payment policy. You agree that all billing and transaction processes are handled by the Platform, and we do not control or have access to your payment information. The Platform provider (Apple or Google) may charge you sales tax or other fees, as required by law, and may have their own refund policies. We comply with the Platforms’ guidelines for in-app purchases.

License to Virtual Items: When you purchase or otherwise acquire Virtual Items in the Game, you receive a limited, personal, revocable, non-transferable license to use those Virtual Items only within the Game and only for their intended purposes. Virtual Items (including any in-game currency, tokens, points, or resources like “energy”) have no cash value and are not redeemable or refundable for any “real” money or anything of monetary value outside the Game. You do not own the Virtual Items; you have a license to use them as part of the Game service. All sales of Virtual Items are final and non-refundable, except where expressly required by applicable law or by the Platform’s refund policy.

Management of Virtual Items: We reserve the right to manage, regulate, control, modify or eliminate Virtual Items at our sole discretion, and we shall have no liability to you or anyone for the exercise of such rights. This means that the availability of any Virtual Item, the purchase price (in real currency or virtual currency), and the attributes of Virtual Items can change or be removed. You understand that if your account is terminated or suspended in accordance with these Terms, or if we discontinue any Virtual Item or the Game itself, you may lose access to any Virtual Items you have acquired, and we are not obligated to compensate you for this loss.

No Unauthorized Transactions: You must only purchase Virtual Items from us through the authorized in-app purchase methods. You agree not to obtain or attempt to obtain Virtual Items through any means outside the Game’s intended interface (for example, you will not buy, sell, or trade Virtual Items or accounts through third parties). Any such attempted transactions are prohibited, violate these Terms, and may result in account termination.

5. Digital Assets (DAMN! Token and DAMN! Rooms)

In the future, DAMN! Nation may integrate blockchain technology, offering certain digital assets to players, including a DAMN! token (a cryptographic token associated with the game) and DAMN! Rooms (unique blockchain-backed assets such as NFTs representing in-game rooms or levels). These features are intended to provide enhanced gameplay experiences (for example, players may earn DAMN! tokens as rewards, or own DAMN Rooms that generate tokens when other players “die” in those rooms). By participating in these blockchain features, you acknowledge and accept the following additional terms and risks:

1. Blockchain Assets Ownership: Ownership of DAMN! tokens or DAMN Rooms is recorded on a public blockchain (a decentralized ledger outside of our control). When you acquire a DAMN! token or DAMN Room, you own the corresponding record on the blockchain, not an actual physical object. However, your in-game use of those assets remains subject to these Terms. Owning a DAMN Room may give you certain in-game privileges (e.g. the ability to earn rewards) as determined by us, but it does not give you any ownership of Curse Free Studios’ intellectual property or the Game itself. For example, if you own a DAMN Room NFT, you own the token on the blockchain, but you do not own the underlying design, artwork, or concept of the room, which remain our intellectual property​staratlas.com. We grant you a limited license to use that room in the Game as allowed by the gameplay mechanics.

2. Use for Gameplay, Not Investment: You acknowledge and agree that you are acquiring any DAMN! tokens or DAMN Rooms for entertainment and consumptive use in connection with the Game, and not for speculative or investment purposes​staratlas.com. These digital assets are meant to enhance your gameplay experience or serve as collectibles. Any possible future increase in the value of a DAMN! token or DAMN Room is purely speculative and incidental to your use of it in-game​staratlas.com. We make no promises or guarantees that these assets will hold or increase in value. Participating in the blockchain features involves significant risk of loss.

3. Volatility and Market Risks: The value of blockchain assets (like cryptocurrencies and NFTs) is highly volatile and unpredictable. Fluctuations in the market or demand could materially affect the value of your DAMN! tokens or DAMN Rooms​cornucopias.io. You accept that you may lose some or all value of any blockchain assets associated with the Game, and we are not liable for any such losses. You also understand that no real-world currency is guaranteed or given by us for these in-game tokens or assets – they are not legal tender and not backed by any government.

4. No Refunds or Conversions: Purchases of DAMN! tokens or DAMN Rooms (if offered) are final and not refundable. These digital assets are not redeemable from us for money or other compensation. We do not provide any facility for converting DAMN! tokens to fiat currency. If third-party exchanges or marketplaces support trading of DAMN! tokens or DAMN Rooms, those are entirely outside the Game and at your own risk. We are not a party to any transactions you conduct on a blockchain or third-party marketplace​staratlas.com.

5. Technical Risks: Using blockchain technology comes with inherent risks. Transactions are irreversible – if you send a token to the wrong address or lose access to your blockchain wallet, we cannot undo or restore that transaction​cornucopias.io. The Game itself does not store your blockchain assets; they exist on the blockchain network. You are solely responsible for managing and safeguarding your own digital wallet and private keys. If you lose your private key or login credentials to your wallet, you could lose access to your tokens or assets permanently​cornucopias.io, and we cannot recover them. We strongly encourage you to take precautions to secure any wallet you use for Game-related blockchain features.

6. Blockchain Network and Wallets: The blockchain network (e.g., Ethereum or another protocol) and any third-party wallet services are third-party services not operated by us. We have no control over the blockchain network’s operations, fees (such as “gas” fees for transactions), or any outages or bugs in those systems. Network issues or changes (such as forks, bugs, or downtime) may interrupt or terminate the functionality of blockchain features in the Game. You assume all risks associated with using a blockchain network, including the risk of software bugs, hacking attacks, or other technical difficulties​cornucopias.io​cornucopias.io.

7. Regulatory and Legal Risks: The regulatory environment for blockchain and cryptocurrencies is evolving and uncertain. New laws or regulations (or interpretations of existing laws) could impact the legality, transferability, or value of DAMN! tokens or DAMN Rooms​cornucopias.io. We do not guarantee that any blockchain feature will be available to all users at all times or that it will not be restricted or changed due to legal or compliance requirements. We may disable or discontinue blockchain-related features for any user or territory if we believe it is required by law or is in the best interests of the Game’s community or our company.

8. Taxes: You are solely responsible for determining and fulfilling any tax obligations arising from your acquisition, ownership, or transfer of DAMN! tokens or DAMN Rooms. We do not provide tax advice, and we are not responsible for reporting or paying any taxes that may arise from your use of blockchain features​cornucopias.io. Keep records of your transactions, as you might need them for tax purposes.

9. Rewards from DAMN Rooms: If the Game design allows DAMN Room owners to earn DAMN! tokens (or other benefits) when players “die” on those rooms, we will establish the rules and rates for such rewards. We reserve the right to modify, cap, or eliminate such reward systems at our discretion. We do not guarantee any fixed rate of return or earnings from owning a DAMN Room. Earning token rewards will depend on many factors (gameplay activity, number of players, game balance changes, etc.), and is not guaranteed.

10. Compliance and Fair Play: You agree to use blockchain features only as intended and in compliance with all applicable laws. Any form of cheating, fraud, or manipulation of the blockchain features (such as using exploits to mint tokens illegitimately, using bots to farm rewards, or engaging in money laundering) is strictly prohibited. We reserve the right to terminate or suspend your access to the Game’s blockchain features (and possibly your entire account) if we suspect you have engaged in any prohibited conduct or violated these blockchain terms.

By using the blockchain features, you acknowledge that you have sufficient understanding of blockchain technology to appreciate these risks, or you have sought advice from knowledgeable advisors. If you do not accept these risks or do not wish to engage with blockchain or crypto assets, do not participate in the DAMN! token or DAMN Rooms features.

6. User Conduct and Community Standards

You agree to use DAMN! Nation in a lawful and respectful manner. You are responsible for your own behavior while playing the Game and for any consequences of that behavior. In particular, you agree that you will NOT:

• Violate any law or regulation: You will not use the Game for any unlawful purpose, and you will not engage in conduct that violates any applicable law or regulation (local, state, national, or international). This includes, but is not limited to, not encouraging or engaging in gambling, fraud, harassment, stalking, threatening, or any criminal activity through the Game.

• Cheat, hack, or exploit: You will not engage in cheating or use unauthorized programs to gain advantage in the Game. This means you will not use bots, hacks, mods, automation software, or any other unauthorized third-party tools to modify the Game, gain unfair advantages, or circumvent restrictions. You will not exploit any bugs or glitches; if you discover a bug that can be exploited, you agree to inform us and not to abuse it.

• Disrupt or interfere: You will not interfere with or disrupt the integrity or performance of the Game or servers. This includes not attempting to attack our servers with denial-of-service (DoS) attacks, not introducing malware or harmful code, and not attempting to intercept or decipher any transmissions to or from the servers running the Game.

• Impersonation and Fraud: You will not impersonate any person or entity or misrepresent your affiliation with any person or entity in the Game. You will not trick, defraud, or mislead us or other users in order to obtain sensitive account information, passwords, or any other information.

• Future Social Features: While DAMN! Nation currently has no player chat or social networking features at launch, we may introduce social or multiplayer features in the future. In any communication or user-generated content within the Game, you agree not to post or transmit any content that is offensive, hateful, sexually explicit, violent, defamatory, or that infringes someone else’s rights. You also agree not to bully or harass other players. We will have the right (but not the obligation) to monitor and moderate any player communications or content and to remove any content or restrict any users that violate these Terms or our community standards.

• No Commercial Use or Unauthorized Advertising: You will not use the Game to advertise or promote any product or service outside of the Game without our prior written consent. You will not transmit unsolicited or unauthorized advertising, spam, promotional materials, or any other form of solicitation in the Game.

• No Selling Accounts or Assets: Except as expressly permitted by us (for example, legitimate transfers of blockchain assets on authorized marketplaces per Section 5), you will not sell, rent, or give away your Game account, or create an account for anyone other than yourself. You will not buy or sell in-game accounts or access.

We reserve the right to define what conduct we consider to be a violation of these rules, and to take appropriate action – including terminating or suspending your account – if you engage in prohibited behavior. If you witness another user violating these rules, you can report them to us via the contact information provided. We also reserve the right to cooperate with law enforcement and disclose information (consistent with our Privacy Policy) to authorities if we believe illegal conduct has occurred.

7. Third-Party Services and Advertising

DAMN! Nation integrates or interacts with several third-party services. By using the Game, you acknowledge and agree to the following in relation to third-party services:

7.1. Advertising Networks: The Game may display advertisements provided by third-party advertising networks, such as AppLovin and Unity Ads. These ads enable us to offer the Game for free. Please note:

• Third-Party Content: Advertisements in the Game are supplied by third parties, and we do not control their content. The inclusion of any advertisement in our Game does not imply our endorsement of the advertised product or service. We are not responsible for any third-party ads or the content they link to. If you click on an ad, you may be directed to a third-party website or app, and your interactions there are solely between you and that third party.

• Advertising Data: Advertising networks may use technologies to collect information about your device or Game usage (such as device identifiers, IP address, and ad interactions) in order to serve relevant ads and measure their effectiveness. This is typically governed by the ad networks’ own privacy policies. By using the Game, you consent to the display of ads and the collection of data by these third-party advertisers. If you do not want to see ads, you have the option to purchase an “Ad Removal” in-app purchase (if offered). Even after removing ads, you might still see promotions for our own products or services, but third-party banner or video ads will be disabled in the Game.

7.2. Google OAuth (Third-Party Login): The Game may allow you to log in using Google credentials via OAuth. This feature is provided for your convenience. Be aware that:

• When you use Google OAuth, you are also subject to Google’s terms of service and privacy policy. We only receive limited information from Google as permitted by you (such as your Google account name, email, and a token to verify your identity). We do not receive your Google password or full account access.

• If your Google account is compromised, banned, or otherwise inaccessible, you might lose access to the Game. We are not responsible for issues arising from your Google account. It is your responsibility to maintain your Google account in good standing.

• We will handle any data we receive from Google according to our Privacy Policy, and use it only for legitimate purposes (like account creation, login authentication, or retrieving your profile picture if applicable).

7.3. App Store and Google Play: The Game is distributed via third-party platforms (the Apple App Store and Google Play Store). Your download and use of the Game must comply with the App Store Terms of Service and/or Google Play Terms of Service that apply to you. The availability of the Game is subject to those platforms’ policies, which may change. If the Game is removed from a Platform (by us or by the Platform provider), you might not be able to re-download or update it. We are not liable for the actions of these distribution platforms.

7.4. Third-Party Websites and Links: Our website or the Game might include hyperlinks to third-party websites or services (for example, an official community forum, a social media page, or a blockchain asset marketplace). These links are provided for convenience or community engagement. We do not have control over third-party sites or services, and we do not endorse or assume any responsibility for them. If you access any third-party website or service through our Game or links, you do so at your own risk, and that third party’s terms and privacy policy will apply to your use of their service.

7.5. Third-Party Software or Code: The Game might incorporate certain third-party software libraries or open-source components (which will be listed in the game or documentation, if any). Use of those components may be subject to their own license terms. By accepting these Terms, you are also agreeing to comply with any relevant third-party license terms that govern those components. We disclaim any liability for issues attributable to third-party software.

We strive to ensure that our integration with third-party services is smooth and secure, but we do not guarantee continuous availability of any third-party service. Third-party providers may change or discontinue their service at any time, which could affect your use of the Game (for example, if Google OAuth is unavailable, you may not be able to log in until it’s restored). You agree that we are not liable for the actions or inactions of any third-party service providers.

8. Privacy and Data Handling

Your privacy is important to us. Our Privacy Policy (available on our website or in-app) explains what information we collect and how we use and protect it. By using DAMN! Nation, you agree that we can collect, use, and share your information as described in the Privacy Policy.

Information We Collect: Generally, we may collect information about you and your device when you use the Game. This can include personal identifiers (like your name, email, or Google ID if you log in via Google), device information (such as device model, operating system, unique device IDs, IP address), gameplay statistics and progress, and information from cookies or similar technologies. If you make purchases, the Platforms may provide us confirmation of your purchase and certain related info (but not your full payment details). If blockchain features are used, we might collect your public wallet address or transaction identifiers to link your game profile with blockchain transactions.

How We Use Information: We use the collected information to operate and improve the Game, provide customer support, serve advertising (as outlined in Section 7.1), communicate with you (such as sending in-game notifications or important account alerts), and to ensure a fair and safe gaming environment (for example, detecting fraud or cheating). We may also use aggregate or de-identified data for analytics to understand Game performance and user behavior.

Third-Party Data Sharing: We may share certain information with third-party service providers who help us run the Game (such as cloud hosting providers, analytics services, or ad networks). For example, we might use analytics tools to collect how you use the Game, or share your device’s advertising ID with ad partners to show relevant ads. Any third parties we share data with will be obligated to protect your information in line with applicable laws and for the purposes of providing their services to us. We do not sell your personal information to third parties.

Data Rights and Choices: Depending on your jurisdiction, you may have certain rights regarding your personal data, such as the right to access or correct your data, or to request deletion. Our Privacy Policy provides information on how you can exercise those rights and contact us about privacy concerns. For example, if you wish to delete your account or personal data, you can contact us at our support email (see Section 16) with your request. Note that deleting essential data (like your account identifier) may result in loss of access to the Game or resetting of game progress.

Children’s Privacy: As noted, we do not knowingly collect personal data from children under 13. If we learn that we have inadvertently collected personal information from a child under 13, we will take steps to delete that information as soon as possible. Parents who believe their child may have provided us personal information can contact us to request deletion.

Security: We implement reasonable security measures to protect your data against unauthorized access or disclosure. However, no system is 100% secure. You acknowledge that there is some risk in transmitting data over the internet, and you use the Game at your own risk with respect to data security.

For full details on our privacy practices, please review the Privacy Policy. These Terms incorporate the Privacy Policy by reference, meaning that both apply to your use of the Game. If you do not agree with how we handle your data as described in the Privacy Policy, do not use the Game.

9. Termination and Suspension

By You: You may stop using the Game at any time. You can also request to delete your account by contacting us (see Contact Information in Section 16). Uninstalling the app will not automatically delete your account or data; please refer to our Privacy Policy and contact us if you want your data removed.

By Us: We reserve the right to suspend or terminate your access to the Game (in whole or in part) at any time with or without notice if, in our sole judgment, you have violated these Terms, or if we discontinue the Game or any portion of it. We may also suspend the Game or your account if required for maintenance, security, legal reasons, or other circumstances beyond our control.

Effects of Termination: If your account or access is terminated or suspended, you will no longer be able to access the Game (and any associated Virtual Items or content). This could mean the permanent loss of any progress or Virtual Items (including in-game currency, DAMN! tokens, or DAMN Rooms) associated with your account. You understand and agree that we are not obligated to compensate or refund you for any such losses resulting from termination or suspension, to the fullest extent permitted by law. If we terminate your account for violation of these Terms, you may not attempt to create a new account or access the Game without our express permission.

Discontinuation of the Game: We reserve the right to discontinue the Game entirely at any time. If we do so, we will try to provide advance notice to players (for example, via an in-app notification or on our website). After discontinuation, the Game may no longer function. In such case, unless required by law, we will not be obligated to provide refunds or other compensation for any unused Virtual Items or other assets. Any rights granted to you under these Terms will end, and you must delete the app from your devices.

Survival: The provisions of these Terms that by their nature should survive termination (such as provisions on ownership of intellectual property, disclaimers of warranties, limitations of liability, dispute resolution, and any licenses you granted to us) will remain in effect even after termination of your access to the Game.

10. Disclaimer of Warranties

DAMN! Nation is provided “AS IS” and “AS AVAILABLE.” To the maximum extent allowed by applicable law, Curse Free Studios LLC disclaims all warranties and conditions, express or implied, regarding the Game and any services related to it. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties that may arise from course of dealing or course of performance.

We do not guarantee that the Game will be uninterrupted, error-free, or free of viruses or other harmful components. Any download or use of the Game is at your own risk, and you are responsible for any damage to your device or loss of data that results from such use. We do not warrant that the Game will meet your expectations or that any errors or defects will be corrected.

No Guarantee of Availability: We make no guarantee that the Game or any content will always be available. There may be times when the Game is unavailable due to technical issues, maintenance, or factors outside our control. We will not be responsible for any lack of functionality or inability to access the Game.

No Warranty on Virtual Items or Content: You acknowledge that we do not warrant or guarantee the continued availability of any particular item, feature, or content in the Game. Virtual Items, characters, progression, or other data may be lost or removed at any time (for example, due to a bug, data corruption, or if we reset certain aspects of the game for balancing). We will try to avoid unnecessary losses, but the risk of loss is part of the service, and you accept that.

User Responsibilities: You are solely responsible for your internet connection and mobile device. We have no responsibility if the Game does not operate as a result of your equipment, internet service, or mobile carrier issues. We also are not responsible for any charges or fees from your mobile carrier or internet provider that you incur by using the Game (such as data fees).

Some jurisdictions do not allow the exclusion of certain warranties. If such laws apply to you, some of the above disclaimers may not apply to the extent prohibited by law. In such case, the rest of the disclaimers still apply to the fullest extent permitted by law.

11. Limitation of Liability

To the fullest extent permitted by applicable law, Curse Free Studios LLC and its directors, officers, employees, agents, partners, and affiliates shall not be liable to you for any indirect, incidental, consequential, special, punitive, or exemplary damages, or any loss of profits, revenues, or data, arising out of or in connection with your use of (or inability to use) DAMN! Nation, whether such damages are based on warranty, contract, tort (including negligence), statute, or any other legal theory, even if we have been advised of the possibility of such damages.

This means, for example, we will not be liable for any cost of substitute goods or services, lost business, lost goodwill, computer/device failure or malfunction, or any other intangible losses resulting from: (a) your access to or use of, or inability to access or use, the Game; (b) any conduct or content of any third party in the Game (such as other users, hackers, or third-party services); (c) any content obtained from the Game; (d) unauthorized access, use, or alteration of your transmissions or content; or (e) any other matter relating to the Game or these Terms.

Maximum Liability: In any case, our total aggregate liability to you for all claims arising out of or relating to the Game or these Terms is limited to the greater of: (i) the total amount (if any) you have paid to us for the Game or in-game content in the six (6) months immediately preceding the event giving rise to the liability, or (ii) USD $50. If you have paid nothing to us, our liability will be $0, to the extent permitted by law. These limitations apply even if any limited remedy fails of its essential purpose.

Exceptions: Nothing in these Terms is intended to exclude or limit liability that cannot be excluded under law. For example, some jurisdictions do not allow the limitation of liability for personal injury or death caused by negligence, or for gross negligence or willful misconduct. Also, the limitations in this section do not affect any statutory rights you may have as a consumer that cannot be waived. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Curse Free Studios LLC and its affiliates, officers, directors, employees, and agents from and against all claims, demands, suits, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use or misuse of the Game; (b) your violation of any provision of these Terms or any law or regulation; (c) your infringement or misappropriation of any intellectual property or other rights of any third party; or (d) any dispute you have with another user or a third party relating to the Game.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (at your expense), and you agree to cooperate with our defense of such claim. You will not settle any claim subject to this indemnification provision without our prior written approval.

13. Dispute Resolution and Governing Law

Governing Law: These Terms and any action related to them are governed by the laws of the State of Delaware, USA, without regard to its conflict of laws principles. However, we recognize that applicable laws may grant you certain consumer protections or rights that cannot be waived by contract, and if you reside outside of the U.S., you may be entitled to the protections of the laws of your country of residence. Nothing in these Terms will affect those non-waivable rights.

Good Faith Negotiations: Before commencing any formal dispute resolution process, we encourage you to contact us at info@cursefreestudios.com to discuss your concern. Most disputes or questions can be resolved through our support team in good faith.

Binding Arbitration: You and Curse Free Studios LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Game shall be resolved by binding arbitration on an individual basis, except for the exceptions described below. This means that you and we are waiving the right to a trial by judge or jury and waiving the right to participate in a class action or similar proceeding. The arbitration will be administered by a neutral arbitrator (for example, through the American Arbitration Association (AAA) under its Consumer Arbitration Rules, or a similar arbitration body), and judgment on the arbitration award may be entered in any court that has jurisdiction.

• Arbitration Procedure: The party seeking arbitration must send a written notice of the dispute to the other party (to us at our contact address in Section 16, and to you at any email or address we have on file or that you provide). The notice should describe the nature of the claim and the requested relief. We will work with you to select a mutually agreeable arbitrator and arbitration forum. The arbitration shall be conducted in English. The location of the arbitration shall be in a mutually convenient location or virtually, unless otherwise required by the arbitration rules or agreed by the parties. If we cannot agree on a location and you are a consumer, the arbitration will take place in the county (or equivalent jurisdiction) of your residence.

• Fees and Costs: Each party is responsible for their own attorneys’ fees. The payment of arbitration filing, administration, and arbitrator fees will be governed by the rules of the chosen arbitration organization (for instance, the AAA’s rules), and applicable law. However, if you are a consumer and the law requires us to pay a greater portion of such fees for this arbitration to be enforceable, then we will do so.

• Exceptions to Arbitration: Opt-out: You have the right to opt out of this arbitration agreement. If you do not wish to be bound by the arbitration clause, you must notify us in writing within 30 days of first accepting these Terms. Your written notice should be sent to our contact email (info@cursefreestudios.com) with the subject “Arbitration Opt-Out” and include your name and account information. Opting out of arbitration will not affect any other provisions of these Terms. Also, either party may choose to bring an individual action in a small claims court for disputes or claims within that court’s jurisdiction, in lieu of arbitration. Lastly, claims that seek purely injunctive relief (to require someone to do or stop doing something, and not monetary damages) for alleged unlawful use of intellectual property may be brought in court rather than arbitration.

• No Class Actions: You and we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. The arbitrator may not consolidate the claims of multiple parties and may not otherwise preside over any form of a representative or class proceeding. If this class action waiver is found to be unenforceable, then the entirety of the Binding Arbitration clause shall be null and void, but the remainder of this Section 13 shall remain in effect.

Jurisdiction for Litigation: In the event the arbitration clause above is found not to apply to you or to a particular claim or dispute (for example, if you validly opted out of arbitration or a court determines it is unenforceable), you and Curse Free Studios LLC agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Delaware, USA. Both you and we consent to the personal jurisdiction of those courts. You also agree to waive any objection on the grounds of improper venue or forum non conveniens (meaning you won’t argue Delaware is an inconvenient forum) for such cases.

Time Limit to Bring Claims: To the extent permitted by law, any claim or cause of action arising out of or relating to your use of the Game or these Terms must be filed within one (1) year after such claim arose; if not, the claim is permanently barred. (This does not apply to residents of jurisdictions that prohibit such time limitations for filing claims.)

14. Additional Terms for Apple iOS Users

If you downloaded the Game from Apple’s App Store or you are using the Game on an iPhone or iPad, the following terms apply:

• Acknowledgment: You acknowledge that these Terms are concluded solely between you and Curse Free Studios LLC, and not with Apple Inc. (“Apple”). We, not Apple, are solely responsible for the Game and its content. The App Store Terms of Service also apply to your use of the Game.

• Scope of License: The license granted to you in Section 3 of these Terms is limited to a license to use the Game on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service​fullcodemedical.com. You may not use the Game on any device that you do not own or control, and you may not distribute or make the Game available over a network where it could be used by multiple devices at the same time.

• Maintenance and Support: We are solely responsible for providing any maintenance and support services for the Game, as specified in these Terms or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services for the Game​fullcodemedical.com.

• Warranty: In the event of any failure of the Game to conform to any applicable warranty, you may notify Apple, and Apple may refund any purchase price you paid through the App Store for the Game (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Game​fullcodemedical.com, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility (to the extent we cannot disclaim such warranty under Section 10 of these Terms).

• Product Claims: You acknowledge that we, not Apple, are responsible for addressing any of your claims or any third-party claims relating to the Game or your possession and/or use of the Game​fullcodemedical.com. This includes, but is not limited to: (i) product liability claims; (ii) any claim that the Game fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and (iv) intellectual property claims.

• Intellectual Property Rights: You acknowledge that, in the event of any third-party claim that the Game or your possession and use of the Game infringes that third party’s intellectual property rights, Curse Free Studios LLC (not Apple) will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim​fullcodemedical.com.

• Third-Party Beneficiary: You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms as it relates to your license of the Game on Apple devices​fullcodemedical.com. This means that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary​fullcodemedical.com.

• Compliance with App Store Terms: You agree to comply with all applicable third-party terms of agreement when using the Game (e.g., your wireless data service agreement). You will also comply with the App Store’s terms and conditions, and in the event of any conflict between those terms and these Terms, the App Store terms will govern your use of the Game on your Apple device.

If you have any questions, complaints, or claims with respect to the Game, you may direct them to us (not to Apple) at the contact information provided in Section 16.

15. Changes to Service and Terms

Changes to the Game: We reserve the right to make changes or updates to the Game at any time. We may add, remove, suspend, or modify features or content, impose limits on certain features, or restrict access to parts or all of the Game. We may also temporarily suspend the Game for maintenance or upgrades. We will not be liable if for any reason all or any part of the Game is unavailable or if any feature is slow or malfunctioning at any time.

Changes to Terms: As mentioned in Section 1, we may update these Terms from time to time to reflect changes in our practices or for legal, regulatory, or security reasons. If we make material changes, we will make reasonable efforts to notify you (such as by posting a notice in the Game or on our website, or sending an email to an address you’ve provided). It is important that you review any revised Terms, because if you continue to use the Game after the changes, you are indicating your acceptance of the updated Terms. If you do not agree to a new version of the Terms, you must stop using the Game.

Amendments and Waivers: Except as described above, any changes or amendments to these Terms must be in writing and agreed by us. Our failure to enforce any provision of these Terms or respond to a breach by you or others shall not constitute a waiver of our rights or a waiver of our ability to enforce that provision later.

16. Miscellaneous

Entire Agreement: These Terms (along with any additional policies or rules we incorporate by reference, such as the Privacy Policy and any game guidelines) constitute the entire agreement between you and Curse Free Studios LLC regarding the Game, and supersede any prior agreements or understandings between you and us relating to the Game. Any additional or different terms you propose (for example, in any communication) are rejected and will not apply unless expressly agreed in writing by us.

Severability: If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions. The invalid provision will be deemed modified so as to be valid and enforceable to the maximum extent permitted by law, and the remaining provisions of the Terms will continue in full force and effect.

Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment without such consent is null and void. We may assign or transfer our rights and obligations under these Terms to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law or otherwise. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

No Waiver: Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. No waiver of any term of these Terms shall be deemed a further or continuing waiver of that term or any other term.

No Third-Party Beneficiaries: Except as explicitly provided in Section 14 regarding Apple (and any third-party licensors noted in the Game), these Terms do not confer any rights or remedies on any persons other than you and Curse Free Studios LLC. No other person shall have the right to enforce any of these Terms.

Relationship of Parties: You and Curse Free Studios LLC are independent contracting parties. These Terms do not create any employment relationship, partnership, joint venture, franchise, or agency relationship between you and us. You may not make any statements on behalf of or commit the obligations of Curse Free Studios in any manner.

Export Laws: The Game may be subject to United States export controls and sanctions laws. You agree to use the Game in compliance with all applicable export and import laws and regulations. You represent that you are not located in a country that is subject to a U.S. government embargo and that you are not on any U.S. government list of prohibited or restricted parties.

Headings: Section titles and headings in these Terms are for convenience only and have no legal or contractual effect.

17. Contact Information

If you have any questions, concerns, or comments about these Terms or the Game, or need to contact us for any reason, please reach out to us:

Curse Free Studios LLC
Email: info@cursefreestudios.com

You can also contact us by mail at the address listed on our website or via any support channel provided within the Game.

By using DAMN! Nation, you acknowledge that you have read, understood, and agree to these Terms of Service. Thank you for reviewing our Terms, and we hope you enjoy the game!