Master User Agreement

Version 2 - Last updated April 16, 2026

Master User Agreement

NICHE WORLDS CULT ("NWC")

THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN THE SECTION TITLED "DISPUTE RESOLUTION." THIS AGREEMENT AFFECTS YOUR RIGHTS WITH RESPECT TO ANY "DISPUTE" BETWEEN YOU AND NWC AND MAY REQUIRE YOU TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION, AND NOT IN COURT. PLEASE READ THE DISPUTE RESOLUTION SECTION AND THIS ENTIRE AGREEMENT CAREFULLY BEFORE INSTALLING OR USING NWC'S ONLINE GAMING PLATFORM. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR OTHERWISE ACCESS THE PLATFORM.

You must be and hereby affirm that you are an adult of the legal age of majority in your country and state or province of residence. If you are under the legal age of majority, your parent or legal guardian must consent to this Agreement. By installing or using NWC's online gaming platform, you represent that your parent or legal guardian consents to this Agreement.

Thank you for your interest in NWC's online gaming service and the interactive game Monsters & Memories, (NWC's game, Monsters & Memories, is referred to herein as the "Game"). This Agreement sets forth the terms and conditions under which you are licensed to install and use the Platform, and it governs the other aspects of the relationship between you and NWC as set forth below. As used in this Agreement, the term "Platform" refers collectively, and at times individually, to (1) the Monsters & Memories desktop app software the "Launcher", (2) the Game, (3) all features and components of each of them, whether installed or used on a computer, or mobile device. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY, OR USE THE NWC PLATFORM OR GAME.

Your use of the Platform is licensed, not sold, to you, and you hereby acknowledge that no title or ownership with respect to the Platform or the Game is being transferred or assigned and this Agreement should not be construed as a sale of any rights. All access to and use of the Platform and the Game is subject to this Agreement, the applicable software documentation, and our Privacy Policy (accessible at https://account.monstersandmemories.com/policy/privacy) (collectively, the "Complete Terms"). The Complete Terms are hereby incorporated into this Agreement by reference (with this Agreement controlling any conflicting terms) and represent the complete agreement between you and us relating to use of the Platform, the Games, and related services and products, superseding any prior agreements between you and us, whether written or oral.

1. The Platform.

A. The Monsters & Memories Account.

To use the Platform, you are required to register for a Monsters & Memories Account (an "Account"). Use of the Game, and creation and use of Accounts, are subject to the following terms and conditions:

  1. You may establish an Account only if: (i) you are a "natural person" and an adult in your country and state or province of residence (Corporations, Limited Liability Companies, partnerships and other legal or business entities may not establish an Account); and (ii) you are not an individual specifically prohibited by NWC from using the Platform.

  2. Children under 13 may not utilize an Account, the Platform, nor enter into this Agreement even with the consent of a parent or legal guardian. Account users 13 or older but under 18 or the age of majority where they live (a "Child") must review this Agreement and the Privacy Policy together with your parent or guardian. If you are the parent or legal guardian of an Account user who is a Child, you also agree to be bound by this Agreement on the Child's behalf. In the event that you permit your Child to use an Account or the Platform (including any Game), you hereby agree to this Agreement on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the Account or the Platform by your Child whether or not any particular use was authorized by you. Parents/guardians are jointly and severally liable for all acts and omissions of their Child for all uses of the Account and Platform.

  3. When you create or update an Account, you must:

    1. provide NWC with accurate and up to date information that is personal to you, such as your name, address, phone number, and email address. Additionally, in order to play certain Games or use certain features offered on the Platform, you may also be required to provide NWC with payment information (such as credit card information). NWC's retention and/or use of your personal information is subject to NWC's Privacy Policy, (located here at https://account.monstersandmemories.com/policy/privacy). NWC shall also have the right to obtain non-personal data from your connection to the Platform; and

    2. select a unique username and password (collectively referred to hereunder as "Login Information"). You may not use your real name as the password for the Account, and you cannot share the Account or the Login Information with anyone, unless the terms of this Agreement allow it.

  4. You must maintain the confidentiality of the Login Information, as you are responsible for all uses of the Login Information and the Account, including purchases, whether or not authorized by you. If you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify NWC through cs@nicheworldscult.com.

  5. Your use of the Platform to interact with NWC and other players is governed by this Agreement and NWC's in-game policies (the "Play Nice Policy"). This Agreement and Play Nice Policy are not meant to be exhaustive. The Play Nice Policy is available on NWC's website, located here: https://account.monstersandmemories.com/policy. Please note that violation of this Agreement (including with regard to your use of NWC's Website) may result in penalties against your Monsters & Memories Account, including suspension and/or termination of your Game license.

  6. You agree to pay all fees and applicable taxes incurred by you or anyone using your Account. If you choose a recurring subscription for the Game, you acknowledge that payments will be processed automatically until you cancel the subscription or the Account. NWC may revise the pricing for the goods and services offered through the Platform at any time. YOU ACKNOWLEDGE THAT NWC IS NOT REQUIRED TO REFUND AMOUNTS YOU PAY TO NWC FOR USE OF THE PLATFORM, OR FOR DIGITAL PURCHASES MADE THROUGH THE PLATFORM, FOR ANY REASON, EXCEPT AS REQUIRED BY APPLICABLE LAW.

  7. NWC shall have the right to monitor and/or record your communications when you use the Platform, and you acknowledge and agree that when you use the Platform, you have no expectation that your communications will be private. NWC shall have the right to disclose your communications for any reason, including: (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this Agreement or any other NWC policy; (c) to protect NWC's legal rights and remedies; (d) to protect the health or safety of anyone that NWC believes may be threatened; or (e) to report a crime or other offensive behavior.

  8. When there's something we need to tell you about your Account, the Platform and/or the Game, we'll send you notifications.

B. Grant of License.

If you accept and comply with the terms of this Agreement, NWC will grant, and you will receive, a limited, revocable, non-sub licensable, and non-exclusive license to use the Platform subject to the "License Limitations," set forth in Section 1.C below, as follows:

  1. You may install applicable components or features of the Platform (including the Game) on one or more computers or mobile devices under your legitimate control.

  2. may use the Platform for your personal and non-commercial entertainment purposes only, unless specifically allowed under the terms of this Agreement. Streaming excepted.

  3. You may not transfer your rights and obligations to use the Platform.

C. License Limitations.

NWC may suspend or revoke your license to use the Platform, or parts, components and/or single features thereof, if you violate, or assist others in violating, the license limitations set forth below. You agree that you will not, in whole or in part or under any circumstances, do the following:

  1. Derivative Works: Copy or reproduce (except as provided in Section 1.B.), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Platform.

  2. Cheating: Create, use, offer, promote, advertise, make available and/or distribute the following or assist therein:

    1. cheats; i.e. methods not expressly authorized by NWC (whether accomplished using hardware, software, a combination thereof, or otherwise), influencing and/or facilitating gameplay, including exploits of any in-game bugs, and thereby granting you and/or any other user an advantage over other players not using such methods;

    2. bots; i.e. any code and/or software, not expressly authorized by NWC, that allows the automated control of the Game, or any other feature of the Platform, e.g. the automated control of a character in the Game;

    3. hacks; i.e. accessing or modifying the software of the Platform in any manner not expressly authorized by NWC; and/or

    4. any code, software, and/or hardware not expressly authorized by NWC, that can be used in connection with the Platform and/or any component or feature thereof which changes and/or facilitates the gameplay or other functionality;

  3. Prohibited Commercial Uses: Exploit, in its entirety or individual components, the Platform for any purpose not expressly authorized by NWC, including, without limitation (i) playing the Game at commercial establishments; (ii) gathering in-game currency, items, or resources for sale outside of the Platform or the Game; (iii) performing in-game services including, without limitation, account boosting or power-leveling, in exchange for payment; (iv) communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation or offer through or within the Platform; or (v) organizing, promoting, facilitating, or participating in any event involving wagering on the outcome, or any other aspect of, NWC's Game, whether or not such conduct constitutes gambling under the laws of any applicable jurisdiction, without authorization.

  4. "esports": Use the Platform for any esports or group competition sponsored, promoted or facilitated by any commercial or non-profit entity without obtaining additional authorization from NWC or obtaining NWC's prior written consent. For more information on obtaining appropriate authorization, please contact NWC's Customer Support at cs@nicheworldscult.com.

  5. Cloud Computing: Subject to 1.B.vi hereof, use the Platform, including a Game, in connection with any unauthorized third-party "cloud computing" services, "cloud gaming" services, or any software or service designed to enable the unauthorized streaming or transmission of Game content from a third-party server to any device. For the avoidance of doubt, this Section 1.C.v does not prohibit the use of any service that has been authorized by NWC.

  6. Data Mining: Use any unauthorized process or software that intercepts, collects, reads, or "mines" information generated or stored by the Platform; provided, however, that NWC may, at its sole and absolute discretion, allow the use of certain third-party user interfaces.

  7. Duplicated Items: Create, utilize or transact in any in-game item created or copied by exploiting a design flaw, undocumented problem, or program bug in the Platform.

  8. Matchmaking: Host, provide or develop matchmaking services for the Game, or intercept, emulate or redirect the communication protocols used by NWC in any way, for any purpose, including without limitation unauthorized play over the internet, network play (except as expressly authorized by NWC), or as part of content aggregation networks.

  9. Unauthorized Connections: Facilitate, create or maintain any unauthorized connection to the Platform including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Platform; and (ii) any connection using third-party programs or tools not expressly authorized by NWC.

  10. Transfers: Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Platform or component thereof, or your rights to the Platform to any other party in any way not expressly authorized herein.

  11. Disruption / Harassment: Engage in any conduct intended to disrupt or diminish the game experience for other players, or disrupt operation of NWC's Platform in any way, including:

    1. Disrupting or assisting in the disruption of any computer used to support the Platform or the Game environment. ANY ATTEMPT BY YOU TO DISRUPT THE PLATFORM OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

    2. Harassment, "griefing," abusive behavior or chat, conduct intended to unreasonably undermine or disrupt the Game experiences of others, deliberate inactivity or disconnecting, and/or any other activity which violates NWC's Play Nice Policy.

    3. To impersonate or attempt to impersonate NWC, a NWC employee, another user, or any other person or entity.

    4. To upload, post or transmit any user content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

    5. To upload, post, or transmit any user content that infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right of any party.

    6. To upload, post, or transmit any advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation.

  12. Violation of Laws: use the Platform to violate any applicable law or regulation.

2. NWC's Ownership

A. NWC is the owner or licensee of all right, title, and interest in and to the Platform, including the Games that are produced and developed by NWC ("NWC Games"), Custom Games derived from a NWC Game, Accounts, and all of the features and components thereof. The following components of the Platform are owned or licensed by NWC:

  1. All virtual content appearing within the Platform, including the NWC Game, such as:

    1. Visual Components: Locations, artwork, structural or landscape designs, animations, and audio-visual effects;

    2. Narrations: Themes, concepts, stories, and storylines;

    3. Characters: The names, likenesses, inventories, and catch phrases of Game characters;

    4. Items: Virtual goods, such as digital cards, currency, potions, weapons, armor, wearable items, skins, sprays, pets, mounts, etc.;

  2. All data and communications generated by, or occurring through, the Platform;

  3. All sounds, musical compositions, recordings, and sound effects originating in the Platform;

  4. All recordings, Game replays, or reenactments of in-game matches, battles, duels, etc.;

  5. Computer code, including but not limited to "Applets" and source code;

  6. Titles, methods of operation, software, related documentation, and all other original works of authorship contained in the Platform;

  7. All Accounts, including the name of the Account. All use of an Account shall inure to NWC's benefit. NWC does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void and may result in the forfeiture of the Account;

  8. All Moral Rights that relate to the Platform, including Custom Games derived from a NWC Game, such as the right of attribution, and the right to the integrity of certain original works of authorship; and

  9. The right to create derivative works, and as part of this Agreement, you agree that you will not create any work based on the Platform, except as expressly set forth in this Agreement or addenda to this Agreement.

3. Consent to Monitor.

WHILE RUNNING, THE PLATFORM (INCLUDING THE GAME) MAY MONITOR YOUR COMPUTER, OR MOBILE DEVICE'S MEMORY FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING EITHER CONCURRENTLY WITH THE GAME OR OUT OF PROCESS. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE PROHIBITED BY SECTION 1.C. ABOVE. IN THE EVENT THAT THE PLATFORM DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, (a) THE PLATFORM MAY COMMUNICATE INFORMATION BACK TO NWC, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE; AND/OR (b) NWC MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.

Additionally, the Games includes a tool that will allow your computer system to forward information to NWC in the event that the Game crashes, including but not limited to, system and driver data, and by agreeing hereto you consent to NWC receiving and/or using this data.

4. Limited Warranty.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE PLATFORM, ACCOUNTS, AND THE GAME ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE," BASIS FOR USE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED OR ERROR-FREE USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, and the entire risk arising out of use or performance of the Platform and the Game remains with the user.

5. Limitations of Liability.

To the fullest extent allowed by applicable law, NWC, subsidiaries, and affiliates shall not be liable for any loss or damage arising out of your use of, or inability to access or use, the Platform or Account(s). NWC's liability shall never exceed the total fees paid by you to NWC during the six (6) months prior to your making a claim against NWC, unless applicable law explicitly disallows this limitation, in which case NWC's liability shall be limited to the fullest extent permitted by applicable law.

6. Indemnity.

You hereby agree to defend and indemnify NWC, its subsidiaries, and affiliates against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by NWC arising out of or from any violation by you of this Agreement or your misuse of the Platform or Account(s), or of any specific services or features associated therewith.

7. Equitable Remedies.

You agree that NWC would be irreparably damaged if the terms of this Agreement were not specifically followed and enforced. In such an event, you agree that NWC shall be entitled, without bond or other security, or proof of damages, to appropriate equitable relief in the event you breach this Agreement; and that the awarding of equitable relief to NWC will not limit its ability to receive remedies that are otherwise available to NWC under applicable laws.

8. Alterations.

A. Alterations to the Agreement.

  1. NWC's rights. NWC may create updated versions of this Agreement (each a "New Agreement") as its business and the law evolve.

  2. New Agreements. This Agreement will terminate immediately upon the introduction of a New Agreement. New Agreements will not be applied retroactively and cannot alter the process for resolving a Dispute between us once you have notified NWC of a Dispute. If you do not wish to be bound by a New Agreement, you must immediately cease using, and uninstall, the Platform and the Game. Your continued use of your Account, the Platform, and/or the Game after NWC has published a New Agreement constitutes acceptance by you of the New Agreement.

B. Alterations to the Platform and Availability.

NWC may change, modify, suspend, or discontinue any aspect of the Platform, Game, or Accounts at any time, including removing items, or revising the effectiveness of items in an effort to balance a Game. NWC may also impose limits on certain features or restrict your access to parts or all of the Platform, Game, or Accounts without notice or liability. Except as otherwise set forth herein, NWC does not guarantee that any particular Platform, Game, or Account, or any particular features or components thereof, will be available at all times, at any given time, or in all countries and/or geographic locations, or that NWC will continue to offer the Platform, Game, or Account, or all features or components thereof, for any particular length of time. Availability is subject to change at any time, although we will endeavor to use reasonable commercial efforts to provide you prior notice, unless the discontinuance arises from a matter that is beyond NWC's control or causes the provision of such advance notice not to be possible or feasible.

9. Term and Termination.

A. Term.

This Agreement is effective upon your creation of an Account, and shall remain in effect until it is terminated or superseded by a New Agreement, or, if neither of the foregoing events occur, as long as you continue using the Platform. In the event that NWC chooses to cease providing the Platform, or license to a third party the right to provide the Platform, NWC shall use reasonable commercial efforts to provide you prior notice, unless the discontinuance arises from a matter that is beyond NWC's control or causes the provision of such advance notice not to be possible or feasible. Neither the Platform nor NWC's agreement to provide access to the Platform shall be considered a rental or lease of time on the capacity of NWC's servers or other technology.

B. Termination.

  1. You may terminate this Agreement at any time by notifying NWC by email at cs@nicheworldscult.com and by uninstalling the Platform and the Game, but the Dispute Resolution provisions of this Agreement will survive termination and apply to all Disputes that arose or could have been initiated prior to termination.

  2. NWC reserves the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most Account suspensions and terminations are the result of violations of this Agreement. In case of minor violations of these rules, NWC may provide you with a prior warning and/or suspend your use of the Account due to your non-compliance prior to terminating the Agreement or modifying or deleting an Account.

  3. In the event of a termination of this Agreement, any right you may have had to any virtual goods, such as currency, weapons, armor, wearable items, pets, mounts, etc., are forfeit, and you agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on your Account prior to any termination of this Agreement. In addition, you will not be able to use the Platform. The Dispute Resolution provisions of this Agreement will survive termination and apply to all Disputes that arose or could have been initiated prior to termination.

10. Dispute Resolution.

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.

A. Binding Arbitration and Class Action Waiver.

If you live in the United States. We hope we never have a dispute, but if we do, you and we agree to try for 60 days, upon receipt of a Notice of Dispute, to resolve it informally. If we can't, you and we agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA"), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator's decision will be final except for a limited right of review under the FAA. To the fullest extent permitted by law, class action lawsuits, class-wide arbitrations, private attorney-general actions, requests for public injunctions, and any other proceeding or request for relief where someone acts in a representative capacity aren't allowed. Nor is combining individual proceedings without the consent of all parties.

  1. Disputes Covered-Everything Except IP. The term "dispute" is as broad as it can be. It includes any claim or controversy between you and us that in any way relates to or arises from any aspect of our relationship, including, without limitation, your use or attempted use of the Platform, the Game, and all marketing related to them, your Account, any licensed content, and all matters relating to or arising from this Agreement, NWC's Privacy Policy, or any other agreement between you and NWC, including the validity and enforceability of this agreement to arbitrate, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors', our, or our licensors' intellectual property rights.

  2. Send a Notice of Dispute Before Arbitration. If NWC has a dispute with you it will send notice of that dispute to your billing address and/or email address you have provided to us. If you have a dispute with NWC that our customer service representatives can't resolve and you wish to pursue arbitration, you must first notify us in writing at the following email address: legal@NWC.com, using the subject line "Notice of Dispute." Your notice of dispute must be individual to you and must include, as applicable, your name, the email address associated with your Account, and your residential address. The notice of dispute also must describe the dispute, explain the facts of the dispute as you understand them, and tell NWC what you want us to do to resolve the problem. This Notice of Dispute is a prerequisite to initiating any arbitration. Any applicable statute of limitations will be tolled from the date of a properly submitted individualized Notice of Dispute through the first date on which an arbitration may properly be filed under this Section 10.

  3. Small Claims Court Option. Instead of sending a Notice of Dispute, either you or we may sue the other party in small claims court seeking only individualized relief, so long as the action meets the small claims court's requirements and remains an individual action seeking individualized relief. The small claims court must be in your county of residence (or, if a business, your principal place of business).

  4. Arbitration Procedure. The AAA will conduct any arbitration under its Consumer Arbitration Rules. For more information, see www.adr.org or call 1-800-778-7879. This Section 11 and this Agreement govern to the extent they conflict with any applicable AAA rules. To initiate an arbitration, submit the Demand for Arbitration form available at https://www.adr.org/media/dtyinha2/consumer_demand_for_arbitration_form_3.pdf to the AAA and email a copy to legal@NWC.com. The form must contain information that is specific to you and your claim. In a dispute involving $25,000 or less, any hearing will be telephonic or by videoconference unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in your county of residence (or, if a business, your principal place of business). The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim, but not relief that would affect non-parties.

The arbitrator rules on all arbitrability issues, including scope, validity and enforceability of this arbitration agreement, except that a court has exclusive authority: (i) to decide whether the parties have complied with the pre-arbitration requirements (including the individualized Notice of Dispute and Demand for Arbitration form); (ii) to enforce the prohibition on class, representative, private attorney-general, or combined actions or proceedings, or on public injunctive relief in arbitration; and (iii) to enjoin an arbitration from proceeding if it does not comply with this Section 10.

If your Notice of Dispute involves claims similar to those of at least 24 other customers, and if you and those other customers are represented by the same lawyers, or by lawyers who are coordinating with each other, you and we agree that these claims will be "Related Cases." Related Cases will be governed by the AAA's Mass Arbitration Supplementary Rules, as modified by these Terms. For more information, see https://www.adr.org/mass-arbitration or call 1-800-778-7879. Related cases may only be filed in batches of up to 50 individual arbitrations at a time, and those individual arbitrations will be resolved in the following manner: (i) for the first batch, each side may select up to 25 of these Related Cases to be filed and resolved in individual arbitrations under this Section 10; (ii) none of the other Related Cases may be filed or prosecuted in arbitration until the first batch of up to 50 individual arbitrations is resolved; and (iii) if, after that first batch, the parties are unable to informally resolve the remaining Related Cases, a second batch of Related Cases may be filed, where each side may select up to 25 of the Related Cases to be resolved in individual arbitrations under this Section 10. This process of batched individual arbitrations will continue until the parties resolve all Related Cases informally or through individual arbitrations, or unless AAA or an arbitrator appointed by AAA directs otherwise following arbitration of the second batch of Related Cases. A court has exclusive authority to enjoin the filing or prosecution of arbitrations that do not comply with this paragraph.

  1. Arbitration Fees and Payments.

    1. Disputes Involving Less Than $75,000. We will promptly reimburse your arbitration filing fees if: (i) the dispute involves less than $75,000; and before initiating arbitration (ii) you complied with all pre-arbitration requirements in this Section 11, including, if applicable, the Related Cases paragraph. Otherwise, the AAA rules will govern payment of filing fees and the AAA's and arbitrator's fees and expenses.

    2. Disputes Involving $75,000 or More. The AAA rules will govern payment of filing fees and the AAA's and arbitrator's fees and expenses.

  2. Opting Out/Rejecting Future Arbitration Changes. If you are a new user of the Platform, you may opt out of arbitration under this Section 10 by personally signing and sending us notice within 30 days from the date of your first use of the Platform by email to legal@NWC.com. If you are an existing user of the Platform, you may reject any change we make to this Section 10 by personally signing and sending us notice within 30 days of the change by email to legal@NWC.com. If you do, the most recent version of this Section 10 before the change you rejected will apply.

  3. Severability. If, after exhaustion of all appeals, any part of this Section 10 is found to be unenforceable as to any claim or request for a remedy, then the parties agree to arbitrate all claims and remedies subject to arbitration before litigating in court any remaining claims or remedies (such as a request for a public injunction remedy, in which case the arbitrator issues an award on liability and individual relief before a court considers that request). Otherwise, if any other part of this Section 10 is found to be unenforceable, the remainder will remain in effect (with an arbitration award issued before any court proceeding begins).

B. CHOICE OF LAW; VENUE FOR NON-ARBITRABLE DISPUTES.

Unless this Agreement includes express language to the contrary, all Disputes shall be governed by and construed under the laws of the United States of America and the laws of the State of Wyoming, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If you reside in the United States, for any claims not subject to binding individual arbitration, and which cannot be brought in small claims court in the county in which you reside as set forth above, you and NWC agree to submit to the exclusive jurisdiction of the state and federal courts in Sheridan County, Wyoming, and you and NWC consent to venue in and personal jurisdiction before such courts (but without prejudicing either party's rights to remove a case to federal court if permissible). This paragraph will be interpreted as broadly as applicable law permits. If you are a (1) Canadian resident who has (2) purchased access to the Game in Canada, other laws may apply if you choose not to agree to arbitrate as set forth above. Such laws shall affect this Agreement only to the extent required by such jurisdiction. If such laws apply, the terms and conditions of this Agreement shall be given their maximum effect. Users who access the Platform from outside of the United States and Canada, are responsible for compliance with all applicable local laws. Claims excluded from arbitration are subject to the choice of law and forum selection clauses set forth in this Agreement.

11. General.

A.

You understand and agree that the Platform may not be used, accessed, downloaded, or otherwise exported, reexported, or transferred in contravention of applicable export control, economic sanctions, and import laws and regulations, including, but not limited to, the U.S. Export Administration Regulations ("EAR") and regulations promulgated by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC"). You represent and warrant that you (1) are not subject to U.S. sanctions or export restrictions and otherwise are eligible to utilize the Platform under applicable laws and regulations; (2) are not located or ordinarily resident in a country or region subject to comprehensive or near-comprehensive U.S. sanctions/embargo, unless your use of the Platform in such country or region is authorized by U.S. law; (3) are not an official, employee, agent, or contractor of, or directly or indirectly acting or purporting to act for or on behalf of, a government (including any political subdivision, agency, or instrumentality thereof or any person directly or indirectly owned or controlled by the foregoing) or political party (e.g., Cuban Communist Party, Workers' Party of Korea) subject to U.S. sanctions/embargo or any other entity in a sanctioned/embargoed country or region or subject to U.S. sanctions/embargo; and (4) will not use the Platform in connection with an end-use prohibited by U.S. law.

B.

NWC may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without NWC's prior written consent. Your assignment of this Agreement without NWC's prior written consent shall be void.

C.

NWC's failure to enforce a provision of this Agreement shall not be construed as a (i) waiver of such provision, or (ii) diminishment of any right to enforce such provisions. Further, NWC may choose to waive enforcement of a provision of this Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.

D. Notices.

  1. If to NWC.

    1. If you are a resident of the United States, Canada, or Mexico, except as expressly set forth to the contrary herein, all notices given by you under this Agreement shall be in writing and addressed to: Niche Worlds Cult, LLC., 30 N Gould St # B, Sheridan. Wyoming. United States. 82801. Attn: Law Department.

  2. If to you. Except as expressly set forth to the contrary herein, all notices given to NWC under this Agreement shall be given to you either through written notice, email, or website.

E.

NWC shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of NWC, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, acts of God, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

F.

Except as expressly set forth to the contrary herein, if any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.

G.

This Agreement, along with NWC's other applicable agreements located on NWC's Legal Documentation page, constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.

H.

The provisions of Sections 2, 4, 5, 6, 7, 10 and 11 shall survive termination of this Agreement for any reason.

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