Terms of Service

Regarding your use or access to cross code mobile or web applications, games, websites, and/or any other services owned, operated, and published by cross code (collectively, the “Services”), these Terms of Service (the “Terms” or “Agreement”) constitute a legally binding contract between our company and its Affiliates (collectively, “cross code”, “we”, “us”, or “our”) and you (“You” or “Your”). Affiliates include joint ventures, parent corporations, subsidiaries, and other businesses that share ownership with our business.

PLEASE REVIEW THESE TERMS CAREFULLY BEFORE USING THIS SERVICE. BY INSTALLING, USING, OR OTHERWISE ACCESSING ANY SERVICE, YOU AGREE TO AND ACCEPT THESE TERMS AND ACKNOWLEDGE THAT YOU READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE EXIT SUCH SERVICE IMMEDIATELY AND DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICES. USE OF THE SERVICES IS VOID WHERE PROHIBITED.

Please read the cross code privacy policy (the “Privacy Policy”) before using or accessing the Services, as it applies to your use of or access to the Services in addition to this Agreement. These Terms, which are subject to change at any moment, govern your use of or access to the Services.

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1: Change To The Terms And Services

By posting the updated terms, policies, or rules on the cross code Services, cross code retains the right, at its sole discretion, to alter the Terms, its Privacy Policy, and other pertinent cross code policies at any time. To continue using or accessing the Services, you might have to accept updates.. You will be deemed to have accepted such changes and updates in their entirety and without reservation by continuing to use or access the Services. If at any point you do not agree to any portion of the then-current version of our Terms, the Privacy Policy, or any other cross code policies, or other codes of conduct relating to your use of or access to the Services, your use of or access to the Services shall immediately terminate.

2: Right To Use The Services

Subject to your continuous compliance with the Terms, the Privacy Policy, or any other cross code policies, or other codes of conduct, cross code grants to you a non-exclusive, personal, worldwide, non-transferable, non-sub-licensable and revocable limited license to access and use the Services solely for your own non-commercial entertainment purposes by accessing the Services through a web browser or mobile device. You explicitly agree that you will not use the Services for any other purpose other than as provided for by these Terms. You agree not to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract source code of the Services or to allow or assist anyone else to do so.

cross code expressly reserves the right to deny anyone access to the Services at any time for any reason with or without notice. You agree that cross code may cease providing the Services or change the content of the Services at any time for any reason with or without notice to you without liability. YOU MUST BE THIRTEEN (13) YEARS OF AGE OR OLDER TO USE THE SERVICES. Additionally, if you are using or accessing the Services from a jurisdiction that requires a person to be older in order to participate legally in the Services, then you represent and undertake that you are of such legal age. cross code reserves the right to request proof of age at any stage to verify that persons not of legal age are not using or accessing the Services. If you access the Services from a Social Networking Site (“SNS”), such as Facebook or Google+, then you acknowledge that you have also complied with, and will continue to remain in compliance with, the terms of service/use of such SNS as well as the Terms for the duration of your use of the Services.

3: Account With cross code

To utilize the Services, you might need to create an account and register. In addition to providing accurate and comprehensive registration information, you also undertake to maintain the confidentiality of your password.

Your account is unique to you, and you may neither transfer (or otherwise make available) your account to others, nor use anyone else’s account at any time. If you distribute your account or related information, cross code reserves all rights to terminate your account immediately and without refund.

You shall not create an account using a false identity or information, or on behalf of someone other than yourself.

It is your responsibility to keep your account information private, including billing details, usernames, and passwords. Regardless of whether you gave permission for someone else to use your account, cross code is not responsible for any losses you could sustain.

You are liable for any losses or damages incurred by cross code or any third party as a result of someone else using your account. In the event of theft, unauthorized use, or any other breach of security on your account, you must notify cross code in writing immediately.

You are responsible for any and all activities that occur under or in connection with your account created in order for you to use the Services.

4: Intellectual Property/Ownership

All materials that are part of the Services (including, but not limited to, games, applications, code, themes, maps, character, stories, concept, animation, artwork, effect, methods of operation, transcript, designs, text, graphics, pictures, video, information, applications, software, music, brand, sound and other files, and their selection and arrangement) are protected by law from unauthorized use. The entire contents of the Services are copyrighted under the applicable copyright laws and/or similar laws of other jurisdictions.

You acknowledge that, with the exception of your own User Content (as defined below), no content included in the Services may be altered, duplicated, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or otherwise exploited in any way, in whole or in part, without the express written consent of cross code. Any other use of copyrighted content, including derivative uses, requires written consent from cross code in advance. It is strictly forbidden to reproduce or redistribute any content that does not comply with these Terms, and doing so could lead to harsh civil and criminal penalties.

cross code and/or its licensors remain the owners of right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted on the Services by cross code. You acknowledge that you do not acquire any ownership rights by using the Services or by accessing any materials posted on the Services by cross code, or any derivative works thereof. All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a cross code game client, and the cross code game clients and server software) are owned by cross code. cross code reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF cross code OR ITS ASSIGNEES.[Please provide additional sections when ready.]

5: User Content

Any messages, chats, comments, sounds, and images, as well as any data, text, graphics, and photographs, along with their arrangement and selection, uploaded to the Services (collectively, “User Content”), are subject to unlimited commercial, worldwide, non-commercial, and/or promotional use by cross code, in whole or in part.

You hereby grant cross code and its affiliates a perpetual and irrevocable, worldwide, fully paid-up and royalty free, non-exclusive, unrestricted, unconditional, unlimited license, including the right to sublicense, transfer and assign to third parties, and right to copy, print, host, reproduce, fix, adapt, modify, improve, retitle, translate, reformat, archive, store, cache or otherwise exploit in any manner, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, disclose, sell, resell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, in any media, at any time, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including advertising, marketing and promotions thereof. No credit, approval or compensation is due to you for any such use or disclosure of the User Content you may submit. Any text, graphics, and photographs and other User Content uploaded by you shall be your sole responsibility. Thus, users are solely responsible, and cross code is not responsible, for any User Content users upload, post, share, or otherwise make available. cross code may or may not regulate User Content and does not guarantee the accuracy, quality, or integrity of any User Content on any of the Services. By using the Services, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that cross code will not under any circumstances be liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage incurred by use of the User Content. cross code reserves the right to remove and permanently delete any User Content from the Services with or without notice for any reason.

6: User Interactions

You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Service and/or cross code games.cross code reserves the right, but has no obligation, to become involved in any way with disputes between users. You will fully cooperate with cross code to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting cross code access to any password-protected portions of your Account.

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

7: Virtual Currencies/Goods

The Services may include an opportunity to earn and purchase virtual, in-game currency, including but not limited to virtual coins, points, and credits (collectively, “Virtual Currency”) that may require you to pay a fee using lawful currency or “real money” to obtain the Virtual Currency. The Services may also include virtual, in-game digital items (collectively, “Virtual Goods”) that may be purchased from cross code with “real money” or with Virtual Currency. Virtual Currency and Virtual Goods can never be redeemed for lawful currency, goods, or any other item of monetary value from cross code or any other party. You acknowledge and agree that Virtual Goods or Virtual Currency are licensed to you for your use through the Services and are subject to applicable laws and rules, the Terms, and limitations and terms set out in each game.

Your purchase of Virtual Currency and/or Virtual Goods is final and is not refundable, exchangeable, or transferable, unless required by law. You may not purchase, sell, or exchange Virtual Currency or Virtual Goods outside of the Services. These transfers are strictly prohibited, and we shall not be liable for any claims or damages suffered by the users with respect to Virtual Currency or Virtual Goods purchased or obtained from any third party. Doing so is a violation of the Terms and may result in termination of your account with the Services and/or legal action taken against you.

cross code retains the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual Goods at its sole discretion. Prices and availability of Virtual Goods and services are subject to change without notice.

YOU ACKNOWLEDGE AND AGREE THAT cross codeVIS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON. IN THE EVENT OF A REFUND AS REQUIRED BY APPLICABLE LAWS, THE TERMS AND CONDITIONS OF THIRD-PARTY PAYMENT PROCESSOR WILL APPLY AND ANY RELATED FEES SHALL BE BORNE BY YOU; AND THAT YOU WILL NOT RECEIVE LAWFUL CURRENCY OR OTHER COMPENSATION FOR UNUSED VIRTUAL CURRENCY AND VIRTUAL GOODS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

8: Updates to the Service

You are aware that every service is changing. You might be asked to accept updates from cross code for both the Services and any installed cross code games on your computer or device. You understand and accept that cross code may make changes to its services and games without informing you. To access the Services and play cross code, you might occasionally need to update third-party software.

9: Rules of Conduct/Usage

The Services may provide communication channels such as forums, communities, or chat areas (“Communication Channels”) designed to enable you to communicate with other users of the Services. cross code has no obligation to monitor these Communication Channels, but cross code may do so and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at our sole discretion. cross code may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by cross code, and these communications shall not be considered reviewed or approved by cross code. cross code will not under any circumstance be liable for any activity within Communication Channels.

You agree that all your communications with the Communication Channels are public, and thus you have no expectation of privacy regarding your use of the Communication Channels. cross code is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.

You agree that your use of the Services shall be lawful at all times and that you will fully comply with the usage rules in all respects. In furtherance of the foregoing, and for illustrative purposes only and not as a limitation, you agree not to use the Services in order to: • post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable; • defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable; • upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users’ computers; • violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity); • attempt to obtain passwords or other private information from other members; • improperly use support channels or complaint buttons to make false reports to cross code; • develop, distribute, or publicly inform other members of “auto” software programs, “macro” software programs or other “cheat utility” software program or applications in violation of the applicable license agreements; • exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage; • violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services.

10. Privacy and Protection of Personal Information

Information collected from you is subject to the pertinent SNS’s policy. By using the Services, you may be granting your social network permission to share your e-mail address and any other personally identifiable information with cross code. You also grant cross code access to your friend lists upon the SNS to establish social connections in the Services. Please see our Privacy Policy for more information on the collection and use of your information. You acknowledge and agree that the Privacy Policy is incorporated and made part of these Terms.

 

11. Disclaimer of Warranty

YOU AGREE THAT YOUR USE OF AND ACCESS TO THE SERVICES SHALL BE AT YOUR SOLE RISK, AND THAT cross code PROVIDES THE SERVICES ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW,cross code, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE OR OTHERWISE), IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, AND TIMELINESS OF THE SERVICES, OR INFRINGEMENT OF APPLICABLE LAWS AND REGULATIONS. THE ENTIRE RISK AS TO THE USE, QUALITY, AND PERFORMANCE OF THE SERVICES LIES WITH YOU.

cross code makes no warranties or representations about the accuracy of any information, the reliability of the materials, the full functionality of the Services, or the completeness of the content on the Services or any linked sites. cross code does not warrant that the Services will meet your requirements, be uninterrupted, timely, secure, or error-free, that defects will be corrected, that the server hosting the Services is free of viruses or bugs, or that the systems or networks will be backed up. cross code assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage of any nature resulting from your use of the Services, (iii) any unauthorized access to our secure servers or the personal and financial information stored therein, (iv) any interruption or cessation of transmission to or from the Services, (v) any bugs, viruses, Trojan horses, or the like transmitted to or through the Services by any third party, or (vi) any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Services.

cross code shall not be liable for any acts or omissions made by your internet service provider or other third party with whom you have contracted to gain access to the server that hosts the cross code sites.

12. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT:
 • YOU ARE FREE TO CHOOSE WHETHER TO USE THE SERVICES AND DO SO AT YOUR SOLE OPTION, DISCRETION, AND RISK.
 • cross code DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT ALL TIMES OR ALL LOCATIONS, OR THAT cross code WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES IN ANY SPECIFIC GEOGRAPHIC AREA.

UNDER NO CIRCUMSTANCES WILL cross code BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO cross code IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER cross code NOR ANY THIRD PARTY SERVICE PROVIDER OR THIRD PARTY LICENSOR SHALL BE LIABLE TO YOU OR ANY THIRD PARTY IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM OR IN ANY WAY CONNECTED WITH YOUR USE OR ANY THIRD PARTY’S USE OF THE SERVICES, WHETHER DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, ANY ACT OR FAILURE TO ACT REGARDING CONDUCT, COMMUNICATION, OR CONTENT ON THE SERVICES, OR USE OF ANY LINK CONTAINED ON THE SITE. THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ALL DAMAGES OR INJURY CAUSED BY OR RELATED TO THE USE OF, OR INABILITY TO USE, THE SERVICES UNDER ANY CAUSE OF ACTION OF ANY JURISDICTION.

IN NO EVENT SHALL cross code OR ANY THIRD PARTY SERVICE PROVIDER OR THIRD PARTY LICENSOR BE LIABLE TO YOU OR ANY THIRD PARTY BEYOND THE AMOUNT YOU HAVE PAID TO cross code IN THE NINETY (90) DAYS FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR OTHER PECUNIARY OR CONSEQUENTIAL LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT OR IN TORT OR OTHERWISE, EVEN IF THEY HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

cross code SHALL NOT BE LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD cross code LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES, WITH THE ENTIRE RISK OF THE SERVICES, THIRD PARTY WEBSITES, AND ANY INJURY THEREFROM RESTING WITH YOU, INCLUDING ANY DAMAGE OR LOSS OF ANY KIND.

 

13. Indemnification by You

You agree to defend, fully indemnify, and hold cross code, its third party service providers and licensors, and their respective officers, directors, agents, and employees (the “Indemnified Parties”) harmless from and against any and all claims, liabilities, losses, injuries, damages, costs, or expenses (including attorneys’ fees and costs) incurred by any Indemnified Party arising out of or resulting from your access or use of the Services, including (but not limited to) your breach or alleged breach of any term, condition, obligation, representation, or warranty contained in these Terms; any violation by you of any law or the rights of any third party; any User Content posted, transmitted, or provided by you or on your behalf; any use by you of the Services or use by any other person accessing the Services using your user identification (whether or not with your authorization); your violation of any third party’s intellectual property or other legal rights; or the illegal or improper use of your user account.

14. Limitations Period for Claims

Any action arising out of or related to your account or accounts, use of the services, these terms, the privacy policy, or any related matter must start within a year of the cause of action occurring, regardless of any law to the contrary. A CAUSE OF ACTION OF THIS KIND IS PERMANENTLY BARRED.

15. Severability

You and cross code agree that if any portion of these Terms of Service or of the cross code Privacy Policy is found to be illegal or unenforceable in whole or in part by any court or tribunal of competent jurisdiction, such provision shall, for that jurisdiction only, be ineffective solely to the extent of such determination without affecting the validity or enforceability of the remainder of the provision or any other provision, which shall continue in full force and effect.

16. No Waiver

The failure of cross code to require or enforce strict performance by you of any provision of these Terms or the cross code Privacy Policy, or its failure to exercise any right under them, shall not be construed as a waiver or relinquishment of cross code right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by cross code of any provision, condition, or requirement of these Terms or the cross code Privacy Policy shall not constitute a waiver of any of your future obligations to comply with such provision, condition, or requirement.

No representations, statements, consents, waivers, or other actions or omissions by cross code, unless expressly and specifically stated in these Terms, shall be regarded as a modification of these Terms or legally binding unless they are recorded in writing and signed by you and a duly appointed representative of cross code.

 

17. Notices

We may notify you via postings on Crosscode.dev , or via e-mail or any other means of communication. Except as specified in Section 20, all notices given by you or required from you under these Terms or the cross code Privacy Policy must be in writing and sent to the following e-mail address: contact@crosscode.dev. Notices provided without compliance with this Section 17 shall have no legal effect.

 

18. Governing Laws

For the purposes of these Terms, including Sections 19-21, “Dispute” means any dispute, claim, or controversy between you and cross code arising out of these Terms or the cross code Privacy Policy, arising out of your use of the Services, or regarding any aspect of your relationship with cross code, whether such dispute, claim, or controversy is based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability, or scope of these Terms, including specifically Section 20 (except for the enforceability of the Class Action Waiver clause below). “Dispute” shall include any Dispute brought by any individual purporting to act on your behalf or any individual or entity seeking damages, recovery, or relief for injury associated with or suffered by you. “Dispute” is to be given the broadest possible meaning that will be enforced.

If you reside in the United States or assert a Dispute arising under or related to any U.S. law (including the laws of any State or subdivision thereof), this Agreement (including the Privacy Policy) and your relationship with cross code, as well as any Dispute, shall be governed by and interpreted in accordance with the laws of California, without regard to any conflict of laws principles and regardless of your location. Otherwise, the relationship between the parties and any Dispute shall be governed by and interpreted in accordance with the laws of Singapore, without regard to principles of conflict of laws and regardless of your location.

  1. Dispute Resolution—If You Live in the United States

PLEASE READ THIS DISPUTE RESOLUTION PROVISION (“PROVISION”) CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.

If you live in the United States, you and cross code agree that all disputes between you and cross code will be settled by binding arbitration, unless otherwise provided herein.

This agreement does not apply (1) if you are a resident of any jurisdiction which prohibits this arbitration agreement, (2) if you opt out of this arbitration agreement as described in Section (e) below, or (3) to certain types of disputes described in Section (e) below. Please read this Provision carefully.

  1. Purpose & Disputes Covered

This Provision facilitates the prompt and efficient resolution of any disputes (including, except as provided below, a dispute as to whether a dispute is covered by this arbitration agreement) that may arise between cross code and you or anyone acting on your behalf, asserting your rights, or seeking damages or losses incurred by you.

Arbitration is a form of private dispute resolution in which parties waive their rights to file a lawsuit, proceed in court, and have a judge or jury decide the case. In the absence of an arbitration agreement, you might otherwise have the right to bring claims in court, have them decided by a judge or jury, and/or participate in a case filed by others (including, but not limited to, class actions or representative actions). By agreeing to these Terms, you waive your right to litigate claims in court and to have your claims heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees).

When you first consent to these Terms, you have the right to opt out of this Provision, meaning you would retain your right to litigate your disputes in a court. If you have previously consented to arbitrate, then you may only opt out of the revised arbitration procedure contained herein, and the last Terms you agreed to will govern our relationship going forward.

  1. Agreement to Arbitrate / Waiver of Right to Jury Trial

YOU AND cross code EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION, REPRESENTATIVE PROCEEDING, OR MASS OR COLLECTIVE ACTION (WHERE DAMAGES, LOSSES, OR INJURIES ASSOCIATED WITH YOU AND OTHER INDIVIDUALS OR ENTITIES ARE CONSIDERED IN A SINGLE ACTION). YOU AND cross code AGREE THAT ANY DISPUTE OVER WHETHER A DISPUTE IS SUBJECT TO THIS PROVISION WILL BE RESOLVED BY BINDING ARBITRATION. Furthermore, any person purporting to act on your behalf, asserting your rights, or seeking damages or other remedies on your behalf will submit to binding arbitration as set forth herein.

You understand and agree that by entering into this agreement, you andcross code are each waiving the right to a jury trial or a trial before a judge in a public court. Except as otherwise provided, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may also be limited or waived.

  1. Class Action Waiver

YOU AND cross code AGREE THAT EACH MAY BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, MASS, COLLECTIVE, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU AND cross code  EACH AGREE TO WAIVE THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, MASS, OR REPRESENTATIVE PROCEEDING.

Except as otherwise provided in this Provision, the arbitrator shall have no authority to consolidate more than one person’s claims or to preside over any form of a class or representative proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary for that party’s individual claim(s).

Notwithstanding any other provision, disputes regarding the interpretation, applicability, or enforceability of this Class Action Waiver shall be resolved only by a court and not by an arbitrator. In any case where: (1) the dispute is filed as a class, collective, or representative action, or falls within the scope of the Class Action Waiver, and (2) there is a final judicial determination that the Class Action Waiver is unenforceable with respect to any claim or remedy, then that claim or remedy (and only that claim or remedy) shall be severed and may be brought in a court of competent jurisdiction. All other claims or remedies shall be resolved in arbitration on an individual basis to the fullest extent possible.

If you opt to pursue your dispute in court after opting out of this Provision (as described in Section (e) below), the Class Action Waiver will not apply to you. No user of the Services may serve as a class representative, class member, or otherwise participate in any class, consolidated, or representative proceeding without complying with the opt-out requirements below.

  1. Pre-Arbitration Claim Resolution

Before initiating arbitration or litigation, you must first give cross code the opportunity to resolve the dispute by contacting our customer support. Please send a written notification to:

cross code
 C19-1-G01 Waterfall Seih Al Sedeirah Sector 1 Al Ghadeer Abu Dhabi United Arab Emirates

This notice must include:

  1. Your name,
  2. Your address,
  3. A written description of your claim,
  4. Identification of the Service at issue,
  5. Your game account, and
  6. A description of the dispute and the specific relief you seek.

If cross code does not resolve the dispute within 45 days after receiving your written notification, you may then pursue arbitration. You may pursue your dispute in court only under the circumstances described in Section (e) below.

  1. Exclusions from Arbitration/Right to Opt Out

Notwithstanding the foregoing, you or cross code may choose to pursue a dispute in court if:
 (i) the dispute qualifies to be initiated in small claims court; or
 (ii) you provide cross code with a written notice of your desire to opt out of these arbitration procedures (the “Arbitration Opt-Out Notice”) within 30 days from the date you first consent to this Agreement.

To opt out, you must send a written notice to:

cross code, C19-1-G01 Waterfall Seih Al Sedeirah Sector 1 Al Ghadeer Abu Dhabi United Arab Emirates

The notice must include:

  1. Your name,
  2. Your address,
  3. Your game account, and
  4. A clear statement that you do not wish to resolve disputes with cross code through arbitration.

If you do not opt out within 30 days, you will be deemed to have waived your right to litigate disputes except as provided above.

Nothing in this Provision precludes either party from seeking provisional remedies (such as injunctive relief) in aid of arbitration from a court of appropriate jurisdiction.

  1. Arbitration Procedures

If this Provision applies and the dispute is not resolved as provided above, either you or cross code may initiate arbitration proceedings. The parties may agree on a single arbitrator; otherwise, arbitration will be administered by ADR Services, Inc. (www.adrservices.com, (415) 772-0900) and conducted before a single arbitrator. Arbitration shall be conducted on an individual basis. Unless both parties agree otherwise in writing, the arbitrator shall have no authority to consolidate claims or preside over any class or representative proceeding. Except as provided in Section 20(c) above, all issues shall be determined by the arbitrator, including the scope and enforceability of this arbitration agreement and any related dispute, including any claim that all or part of this agreement is void or voidable. However, a court has exclusive authority to enforce the Class Action Waiver, as set forth above.

ADR Services, Inc.’s Arbitration Rules shall apply, except where they conflict with this Provision. Under no circumstances will class action procedures apply to the arbitration. Because the Services and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes.

The arbitrator will not have the authority to grant remedy to, against, or for the benefit of any non-party; instead, they may grant any relief that is permissible under relevant law on an individual basis. The arbitrator’s award will be in writing, final, and subject to any review that the FAA provides. It can be enforced in any court with the necessary authority.

  1. Severability

Notwithstanding Section 16 of these Terms, if any clause within this Provision (other than the Class Action Waiver clause) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder will continue in full force and effect. However, if the Class Action Waiver clause is found unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

  1. Continuation

This Provision shall survive the termination of your account and/or your access to or use of the Services.

  1. Dispute Resolution—If You Live in a Country Other Than the United States

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.

If a dispute arises between you and cross code, we encourage you to first contact us directly to seek a resolution by visiting our customer support site at https://Crosscode.dev./contact-us/ or by sending an email to contact@crosscode.dev

Any dispute that arises in whole or in part from your use of or access to the Services shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Center (“SIAC”) in accordance with the SIAC Arbitration Rules then in force. The seat of arbitration shall be Singapore, and the arbitration tribunal shall consist of one arbitrator. The language of the arbitration shall be English.

YOU ACKNOWLEDGE AND AGREE THAT ANY PROCEEDINGS TO RESOLVE ANY DISPUTE SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR cross code SHALL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY REPRESENTATIVE PROCEEDING.

  1. Litigation, Jurisdiction, and Venue

If you reside in the United States or initiate a dispute arising under or related to U.S. law (including the laws of any State or subdivision thereof), you and cross code agree that:
 (i) any litigation between you and cross code, including disputes relating to arbitration, shall be conducted exclusively in the courts located in San Francisco, California, and
 (ii) you consent to the personal jurisdiction of the state and federal courts located in San Francisco, California, for the purposes of any such litigation.

  1. General

These Terms of Service, together with any supplemental policies and documents expressly incorporated by reference herein (including the cross code Privacy Policy), constitute the entire agreement between you and cross code and supersede all prior understandings regarding the subject matter herein, whether electronic, oral, or written.

cross code retains the right, at any time, with or without your approval, to assign, transfer, sublicense, pledge, or delegate these Terms and the Privacy Policy, in whole or in part, to any individual or organization. Without cross code’ prior written agreement, you are not permitted to assign, transfer, sublicense, pledge, or delegate any of your rights or duties under these Terms. If you make a fictitious assignment, cross code has the right, at its sole discretion, to cancel your account.

cross code shall not be liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, fuel, energy, labor, or materials.

Nothing in these Terms shall create or confer any rights or benefits to third parties. Nothing in these Terms shall be construed as creating an agency, partnership, trust arrangement, fiduciary relationship, or any other form of joint enterprise between you andcross code.

Nothing in these Terms grants you any security interest over the assets ofcross code, including any amounts credited to your account.

By using the Services, you agree to comply with all applicable tax laws and release cross code from any liability related to your compliance with such laws.

This Agreement has been drafted in the English language. In the event of any discrepancy between any translated version and the English language version, the English version shall prevail.