Last Modified July 25, 2017

Friday the 13th the Game (the “Game”) is a video game developed and operated by Gun Media Holdings, Inc. (“GMH”). In this agreement, “you” and “your” mean the user of the computer or video game console on which the Game will be or has been installed.

PLEASE READ THIS TERMS OF USE AGREEMENT (THIS “AGREEMENT“) CAREFULLY. BY CLICKING THE “ACCEPT” BUTTON BELOW, OR BY PARTICIPATING IN THE GAME, OR BY USING THE WWW.F13GAME.COM WEBSITE (THE “SITE”), YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE AGREEMENT, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS AGREEMENT (IF APPLICABLE) AND DO NOT PARTICIPATE IN THE GAME OR USE THE SITE.

Please note that in using the Site and/or the Game, you may be required to provide GMH with certain personally identifiable information, retention and use of which are subject to the GMH Privacy Policy (the “Privacy Policy”) (http://f13game.com/privacy-policy/) incorporated herein by reference. You are also required to abide by the Game Code of Conduct (“Code of Conduct”) (http://f13game.com/code-of-conduct/). Your use of the Site and/or the Game signifies that you have read, understand and agree with the terms of the Privacy Policy and the Code of Conduct.

1. LIMITED USE LICENSE

The Site and the Game are available for use only by authorized end users in accordance with the terms and conditions set forth in this Agreement. Your rights to use the Game software (the “Software”) are defined in and subject to the terms and conditions of the Game End User License Agreement (the “EULA”) (http://f13game.com/eula), which is incorporated herein by reference, in addition to this Agreement. The Site, the Game, the Software and “fan kits,” if any are made available (collectively, the “Properties”) are provided for your individual, non-commercial, entertainment purposes only. Except as may be expressly permitted by GMH, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or derive from the Properties.

2. REQUIREMENTS

In using the Site, you acknowledge that you have read, understand and agree with the terms of this Agreement. In order to participate in the Game, you must also: (i) read, understand and agree to the EULA; (ii) install a valid copy of the Software; and (iii) meet the hardware and connection requirements published on the Site. These requirements may change as the Game evolves. You are wholly responsible for the cost of all internet connection fees, along with all equipment, servicing, or repair costs necessary to allow you access to the Game.

3. ACCOUNT INFORMATION

A. General. While some elements of the Site may be generally accessed by the public, certain aspects of the Site (e.g. posting in the Forums, as defined below) requires you to create an account (“Account”). You agree that you will supply accurate and complete information to GMH, and that you will update that information promptly after it changes. All of the information you provide to GMH will be governed by the terms and conditions of this Agreement and the Privacy Policy. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, GMH reserves the right to terminate this Agreement, your Account, and/or your use of the Game. Please note that in utilizing certain areas of the Site (e.g. purchasing merchandise) or the Game, you will be requested to provide additional information in order to complete a purchase, such as your name, address and credit card information. This information is provided solely to a third party payment provider, and none of this information is collected or stored by GMH.

B. Eligibility. Only “natural persons,” as opposed to any kinds of legal entities (e.g., corporations, limited liability companies, and/or partnerships), may enter into this Agreement. By entering into this Agreement, you represent that you are an adult and have the legal capacity to enter into a contract in the jurisdiction where you reside. You agree to comply with this Agreement on behalf of yourself and, at your discretion, any minor children for whom you are the parent or legal guardian and whom you have authorized to play the Game or use your Account. You further agree that you are entirely liable for all activities conducted through your copy of the Game and your Account, and are responsible for ensuring that you and/or your child is aware of, understands, and complies with the terms of this Agreement and any and all other GMH rules, policies, notices and/or agreements.

THE SITE AND THE GAME ARE NOT DIRECTED AT CHILDREN UNDER 13 YEARS OF AGE, NOR DOES GMH KNOWINGLY COLLECT INFORMATION FROM CHILDREN UNDER 13. IF YOU ARE UNDER 13, PLEASE DO NOT SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION TO GMH.

C. Login Credentials. In creating an Account, you will be required to select a unique username and password (collectively, “Login Credentials”), which you will use each time you access the Forums. You may not share your Account with anyone other than as expressly set forth herein, and you are entirely responsible for maintaining the confidentiality of your Login Credentials and for any and all activities that are conducted through your Account. Please notify GMH immediately if you become aware of any breach of security, including any loss, theft or unauthorized disclosure of your Login Credentials.

D. Account Sales. The Account supplied to you is personal to you, and GMH does not recognize and expressly forbids the transfer of user Accounts. You shall not purchase, sell, gift or trade any Account, or make any such offer, and any attempt shall be null and void. Any distribution by you of your Account and/or your Login Credentials (except as expressly provided herein or otherwise explicitly approved of by GMH) may result in suspension or termination of your Account.

E. Suspension/Termination.

  1. By GMH. GMH RESERVES THE RIGHT TO SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCESS TO THE GAME OR YOUR ACCOUNT AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU, AND WITH NO LIABILITY OF ANY KIND TO YOU. Additionally, GMH may stop offering and/or supporting the Game at any time. For purposes of explanation and not limitation, most Account suspensions, terminations and/or deletions are the result of violation of this Agreement, the EULA, the Privacy Policy, or the Code of Conduct. Accounts or Game access terminated by GMH shall not be reinstated under any conditions whatsoever.
  1. By You. You may terminate your Account at any time, for any reason or no reason, by contacting GMH at forum@fearthegun.com.

4. OWNERSHIP

A. Intellectual Property. All rights and title in and to the Properties, and all content included therein (including, without limitation, user Accounts, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, story lines, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, character likenesses, and methods of operation) are owned by GMH or its licensors. The Properties, and all content therein are protected by United States and other international intellectual property laws. GMH and its licensors reserve all rights in connection with the Properties, including, without limitation, the exclusive right to create derivative works therefrom. You agree that you will not create any work of authorship based on the Properties except as expressly permitted by GMH. Additionally, except as otherwise set forth in this Section 4.A, GMH does not authorize you to make any use whatsoever of any GMH trademarks, service marks, trade names, logos, domain names, taglines, and/or trade dress (collectively, the “GMH Marks“) under any circumstances without a written license agreement. Any reproduction, redistribution, or modification of the Properties, or use of the Properties not in accordance with the EULA or this Agreement, is expressly prohibited by law and may result in severe civil and criminal penalties.

Notwithstanding the above, GMH may make a “fan kit” available to you through the Site that includes a limited license to use certain GMH Marks and other proprietary material of GMH and its licensors. Except for the license expressly granted with the “fan kit,” GMH reserves all rights, title, and interest in GMH Marks and all other intellectual property, and does not authorize you to display or use such in any manner, including but not limited to on websites, on blogs, in forums, in signatures, on products, or in printed or electronic publications.

B. Game Assets and Virtual Items. When using the Game, you may accumulate in-Game assets, including, without limitation, skins, characters, and/or other value or status indicators (“Game Assets”) that reside on servers operated by GMH as data. You acknowledge and agree that such Game Assets are accumulated as part of your access to the Game and therefore you shall have no ownership or other property interest in any of those Game Assets. You further acknowledge and agree that GMH has the right, but not the obligation, to delete, alter, move, remove, or transfer any and all Game Assets, in whole or in part, at any time and for any reason, with or without notice to you, and with no liability of any kind to you. GMH does not provide or guarantee, and expressly disclaims any value, cash or otherwise, attributed to any data residing on servers operated by GMH, including without limitation the Game Assets.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT OR THE GAME ASSETS, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT AND GAME ASSETS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF GMH. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CLAIM, RIGHT, TITLE, OWNERSHIP OR OTHER PROPRIETARY INTEREST IN THE GAME ASSETS THAT YOU ACQUIRE, REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR GAME ASSETS. FURTHERMORE, GMH SHALL NOT BE LIABLE IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, “HACKING,” OR ANY OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO THE GAME ASSETS, INCLUDING BUT NOT LIMITED TO THE DELETION OF GAME ASSETS UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT.

D. Unsolicited Idea Submissions. GMH values your feedback on its services and products, but please do not submit any creative ideas, suggestions or materials. Neither GMH nor any of its employees and/or contractors accept or consider unsolicited ideas, original creative artwork or other works, including, without limitation, ideas or suggestions for new or improved games or technologies, game or product enhancements, marketing plans or names for new games (collectively “Unsolicited Ideas”). Please do not send your Unsolicited Ideas to GMH or its employees and/or contractors. This policy is aimed at avoiding potential misunderstandings or disputes when GMH’s products or services might seem similar to Unsolicited Ideas that are submitted. If you do submit your Unsolicited Ideas to GMH or to any of its employees and/or contractors despite this policy, then you hereby acknowledge and agree that, from the time of uploading, transmission or dispatch, you grant GMH and its designees a worldwide, perpetual, irrevocable, sublicenseable, transferable, assignable, and royalty-free right to use, reproduce, distribute, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import your Unsolicited Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving the Unsolicited Ideas to others, without any compensation to you. You also give up any claim that any use by GMH and/or its licensees of your Unsolicited Ideas violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set for therein.

5. USER CONTENT

A. Ownership.Content” means any communications, images, sounds, and all the material and information that you upload or transmit through the Site or the Game, or that other users upload or transmit, including, without limitation, any Forum (defined below) postings and/or the in-Game real-time interactive voice chat or chat text (“Chat”).

You hereby acknowledge and agree that any and all Content shall be deemed, and shall remain, the property of GMH from the time of uploading or transmission. Accordingly, GMH shall exclusively own all now known or hereafter existing copyrights and all other intellectual property rights to all Content of every kind and nature, in perpetuity, throughout the universe and you hereby assign to GMH as a present assignment of future rights all such intellectual property rights to the extent owned by you. In the event that any of the Content is not assignable, you hereby grant to GMH and its licensors, including, without limitation, its respective successors and assigns, a perpetual, irrevocable, sublicensable, transferable, worldwide, paid-up right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such Content as well as all modified and derivative works thereof, without compensation to you. You also hereby waive any moral rights you may have in such Content under the laws of any jurisdiction. You represent, warrant and agree that none of the Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on the part of GMH and GMH will not be liable for any use or disclosure of any Content. You further acknowledge and agree that you shall not upload or otherwise transmit on or through the Site or the Game any Content that is subject to any third-party rights.

B. Consent to Monitoring. GMH does not, and cannot, pre-screen or monitor all Content. However, its representatives may monitor and/or record your communications (including, without limitation, Forum postings and/or Chat) when you are playing the Game or using the Site, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content. GMH does not assume any responsibility or liability for Content that is generated by users of the Site and/or Game. GMH has the right but not the obligation, in its sole discretion, to edit, refuse to post, or remove any Content. Furthermore, GMH also reserves the right, at all times and in its sole discretion, to disclose any Content for any reason, including, without limitation (i) to satisfy any applicable law, regulation, legal process or governmental request; (ii) to enforce the terms of this Agreement or any other agreement; (iii) to protect the legal rights and remedies of GMH; (iv) where someone’s health or safety may be threatened; or (v) to report a crime or other offensive behavior. Please take care to not provide any personally identifiable information in the Chat or the Forums and to abide by the Code of Conduct, understanding that you do not have an expectation of privacy in the Content you provide in the Chat or Forums, and that members of GMH and the Community, outside of those you play directly with or against in the Game, might have access to the information in the Chat or the Forums at any time.

C. Forums. If you have a valid and active Account, you may post communications and other content to the “forums” section of the Site (the “Forums”). You agree to abide by the Code of Conduct, as well as the policy concerning Links (found below) while participating in the Forums. You understand that much of the information included in the Forums is from other players who are not employed by or under the control of GMH. You further acknowledge that a large volume of information is available in the Forums and that people participating in such Forums may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, abusive or even unlawful. GMH neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed in the Forums by you or the other users. The opinions expressed in the Forums reflect solely the opinions of you and/or the other users and may not reflect the opinions of GMH. GMH is not responsible for any errors or omissions in postings, for hyperlinks embedded in messages or for any results obtained from the use of the information contained in the Forums. Under no circumstances will GMH be liable for any loss or damage caused by your reliance on the information in the Forums or your use of the Forums. You should be aware that, when you disclose information about yourself in a Forum, the information is being made publicly available and may be collected and used by other users. When you disclose any information in a Forum, you do so at your own risk. GMH reserves the right to, but has no obligation to, monitor the Forums, or any postings or other materials that you or other players transmit or post on the Forums, to alter or remove any such materials, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly or to comply with legal obligations or governmental requests.

6. UPDATES AND MODIFICATIONS

A. Agreement. GMH reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this Agreement as the Properties evolve; provided, however, that material changes to this Agreement will not be applied retroactively. Such changes will be effective with or without prior notice to you. You can review the most current version of this Agreement by clicking on the “Terms of Use” link located at the bottom of the Site. You are responsible for checking this Agreement periodically for changes. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in agreement or compliance with this Agreement, you must terminate this Agreement and immediately stop using the Properties. Your continued use of any of the Properties following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Please note that GMH may also revise other policies, including the EULA and Privacy Policy, at any time, and the new versions will be available on the Site. If at any time you do not agree with any portion of the then-current version of a particular GMH policy, including but not limited to this Agreement, you must immediately stop using the Properties.

B. The Properties. In an effort to improve the Properties, you agree that GMH may change, modify, update, suspend, “nerf,” or restrict your access to any features or parts of the Properties, and may require that you download and install updates to the Software, at any time without notice or liability to you. You also understand and agree that any such changes or updates to the Properties might change the system specifications necessary to play the Game, and in such a case, you, and not GMH, are responsible for purchasing any necessary additional software and/or hardware in order to access and play the Game.

7. LINKS

The Site may contain links to websites operated by other parties. GMH provides these links to you as a convenience, or other users might be posting these links as user-provided Content. Use of these links and the external websites are at your own risk. The linked sites are not under the control of GMH, and GMH is not responsible for the content available on the other sites. Such links do not imply endorsement by GMH of information or material on any other site, and GMH disclaims all liability with regard to your access to and use of such linked websites.

Should you choose to provide a link on the Site or within the Game (e.g., on the Forums or via Chat) to an external website, unless otherwise set forth in a written agreement between you and GMH, you acknowledge and agree to the following: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with GMH’s and/or its licensors’ names and trademarks; (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with GMH; (iii) when selected by a user, the link must display the external website on full-screen and not within a “frame” on the linking Site; and (iv) GMH reserves the right to revoke its consent to the link at any time and in its sole discretion.

8. FEES

Some aspects of the Game may require you to pay a fee, and you agree that you will provide accurate and complete payment information to the third-party distribution partner used by GMH. You further agree to pay all fees and applicable taxes incurred by you or anyone using your copy of the Game or an Account registered to you. GMH may revise the pricing for the Game or any item associated therewith at any time. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. GMH may, from time to time, modify, amend, or supplement its pricing and fee-billing methods, and such changes shall be effective immediately upon posting in this Agreement or elsewhere on the Site or in the Game.

YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED SERVICES ARE PAYABLE IN ADVANCE AND NOT REFUNDABLE IN WHOLE OR IN PART, UNLESS OTHERWISE ALLOWED BY GMH’S DISTRIBUTION PARTNERS. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

9. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGMENT (DMCA)

If you are a copyright owner or agent thereof and believe that content posted on the Site by a GMH user infringes upon your copyright, please submit notice pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information:

A. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;

B. A description of the copyrighted work that you claim has been infringed;

C. The URL of the location on the GMH Site containing the material that you claim is infringing;

D. Your address, telephone number, and email address;

E. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

F. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

GMH’s Copyright Agent can be reached by mail at: Gun Media Holdings, Inc., 838 E High Street, #308, Lexington, KY 40502 ATTN: Copyright Agent; or by email at: dmca@fearthegun.com. This email address is intended solely for the receipt of said notices and not for general inquiries or requests of GMH. Attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed. Please note that these notifications are legal notices, and that GMH may provide copies of such notices to the participants in the dispute or to third parties, at its discretion or as required by law.

10. WARRANTY DISCLAIMER

THE PROPERTIES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GMH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE PROPERTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR QUALITY OF ANY CONTENT OR INFORMATION CONTAINED WITHIN THE PROPERTIES. GMH DOES NOT WARRANT THAT THE PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROPERTIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PROPERTIES TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PROPERTIES.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the forgoing disclaimer may, in whole or in part, not apply to you.

11. INDEMNIFICATION

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS GMH, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND COSTS (INCLUDING ATTORNEYS’ FEES) THAT DIRECTLY OR INDIRECTLY ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE PROPERTIES, OR ANY VIOLATION BY YOU OF ANY OF THE PROVISIONS OF THIS AGREEMENT, THE CODE OF CONDUCT OR THE EULA. GMH reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with GMH in asserting any available defenses.

12. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL GMH, ITS AFFILIATES, LICENSORS OR BUSINESS PARTNERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL, OR LOST PROFITS), OR ANY DAMAGES FOR GROSS NEGLIGENCE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM YOUR USE OR MISUSE OF THE PROPERTIES, EVEN IF GMH KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GMH BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO GMH FOR GAME-RELATED TRANSACTIONS, IF ANY, DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of GMH shall be limited to the fullest extent permitted by applicable law.

13. EQUITABLE REMEDIES

You hereby acknowledge and agree that GMH would suffer irreparable harm if this Agreement were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that GMH shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this Agreement. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this Agreement and consistent with Section 14 below, the prevailing party in such action or proceeding shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party as the result of the action or proceeding.

14. ARBITRATION

A.  Binding Arbitration. Any dispute or claim related to this Agreement (each, a “Claim”) by either you or GMH (except as otherwise provided in Section 14.D) shall be finally and exclusively resolved by binding arbitration by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Section 14.D and the JAMS Rules, the terms in the JAMS Rules will control and prevail.

Except as otherwise set forth in Section 14.D, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Agreement, (i) you and GMH may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision is final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.

BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND GMH ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

B. Location. The arbitration will take place in your hometown area if you so notify GMH in your notice of arbitration or within ten (10) days following receipt of GMH’s arbitration notice. In the absence of a notice to conduct the arbitration in your hometown area, the arbitration will be conducted in Lexington, Kentucky, unless the parties agree to video, phone and/or internet connection appearances. Any Claim not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided exclusively by a court of competent jurisdiction in Lexington, Kentucky, United States of America, and you and GMH agree to submit to the personal jurisdiction of that court.

C. Limitations. You and GMH agree that any arbitration shall be limited to the Claim between GMH and you individually. YOU AND GMH AGREE THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW: (I) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (III) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER.

D. Exceptions to Negotiations and Arbitration. You and GMH agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claims seeking to enforce or protect, or concerning the validity of, any of your or GMH’s intellectual property rights; and (ii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such courts’ jurisdiction in lieu of arbitration.

F. Governing Law. Except as otherwise provided in this Agreement, this Agreement is governed by, and will be construed under, the laws of the United States of America and the law of the State of Kentucky, 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. Other laws may apply if you choose to access the Software from outside of the United States. In such an event, those local laws shall affect this Agreement only to the extent necessary in that jurisdiction and this Agreement shall be interpreted to give maximum effect to the terms and conditions in this Agreement. You are responsible for compliance with all local laws if and to the extent local laws are applicable.

G. Severability. You and GMH agree that if any portion this Section 14 is found illegal or unenforceable (except any portion of Section 14.D), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 14.D is found to be illegal or unenforceable then neither you nor GMH will elect to arbitrate any Claim falling within that portion of Section 14.D found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within Lexington, Kentucky, United States of America, and you and GMH agree to submit to the personal jurisdiction of that court.

15. TERMINATION

This Agreement (and all subsequent modifications, if any) shall remain effective until terminated. Both you and GMH may terminate this Agreement at any time for any reason or for no reason. Termination by GMH will be effective upon notice to you, termination or deletion of your Account, or its decision to permanently discontinue offering and/or supporting the Game, which it may do at any time in its sole discretion. You may terminate this Agreement at any time simply by not using the Site or the Game. If, however, you wish to terminate your Account, you must affirmatively do so by notifying GMH at forum@fearthegun.com as stated above. Upon termination of this Agreement, your right to use the Properties shall immediately cease.

16. MISCELLANEOUS

A. Assignment. GMH 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 the Agreement without GMH’s prior written consent, and any unauthorized assignment by you shall be null and void.

B. Customer Contact. If you have any questions concerning these terms and conditions, or if you would like to contact GMH for any other reason, please contact GMH support at information@fearthegun.com, or visit the “support” tab on the Site.

C. Entire Agreement. This Agreement represents the complete agreement between you and GMH concerning the Site, the Game, and the subject matter of the Agreement, and supersedes any prior or contemporaneous agreements between you and GMH; provided however that this Agreement shall coexist with, and shall not supersede, the EULA, Code of Conduct or the Privacy Policy.

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

E. Location. The Site and the Game are operated by GMH in the United States. Those who choose to access the Site and/or the Game from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. The Software is subject to United States export controls as set forth in the EULA.

F. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and GMH as a result of this Agreement or your use of the Site or the Game.

G. No Waiver. GMH’s failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by GMH of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

H. Notices. Except as otherwise expressly provided herein, all notices given by you or required under this Agreement shall be in writing and addressed to: Gun Media Holdings, Inc., 838 E High Street, #308, Lexington, KY 40502.

I. Reform and Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. If, however, it is determined that such provision cannot be reformed, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

J. Section Headings. The section headings used herein are for convenience only and shall not affect the interpretation of this Agreement or have any other legal effect.

K. Survival. The provisions of Sections 4, 5-7, 10-14, and 16 shall survive any termination of this Agreement

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT YOUR USE OF ANY OF THE PROPERTIES IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

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