Skip to content Skip to footer
Yomi Games
CONTACT US
Yomi Games
CONTACT US
Close

Privacy Policy

This Privacy Policy is effective as of and was last updated on December 1, 2022.

1. General

This privacy policy explains how we may collect, use, share and store personal information from you in connection with your use of our services, including Yomi Gardens game applications, Yomi Gardens website, and Yomi Games website. Your personal information means information that personally identifies you, such as your name, email address or billing information, or other data that can be reasonably used to infer this information.

We understand that privacy is an important issue to you and we respect the privacy of our users and aim to protect the security and confidentiality of information about you that we acquire. Under applicable law you may have the right to limit some, but not all, sharing of the information we collect about you. The law may also require us to disclose to you how we collect, share and protect that information.

2. Information We Collect
Yomi Games collects the following types of information:
  • Username and avatar
  • Email address
  • Country (via IP address or provided by you)
  • Any Oasys, Ethereum, or EVM-compatible network addresses (publicly available on the blockchain) you provide to us
  • Any blockchain network address associated with your digital assets or gaming tokens (your “Wallet”)
  • Any information you provide in response to a survey or questionnaire
  • Feedback and correspondence, such as any emails, chat messages, or other communications you send to us via email or third-party social media websites
  • Information which may be received from other sources with your consent
  • Content that you create, share or submit in connection with your participation in social media contests, giveaways, or creator programs
  • Information about the device you use to access the Services and Sites, including device model, device ID, IP address, browser type, operating system, platform (Android, iOS, web), referring website; and
  • Information about your use of the Services including the pages of our Services which you browsed or the features you used, the time spent on those pages or features, the links on our Services that you click on, as well as actions you take during gameplay, your in-game user settings and preferences and your in-app purchases.
Information from Third-Party Sources

When linking to a third-party service, we may retrieve your email. Such linkage may include interactions with our social media sites. We use this information for marketing and communications purposes. Third-party sites are governed by their own privacy policies, and you should review those privacy policies before using those sites.

3. How We Use Your Info

We use, collect and process your personal information in connection with our provision of Services and, where applicable, to meet our legitimate interests, as set out below:

  • We use your username for identification purposes within our games
  • We use your email address to authenticate you, communicate with you to provide technical and customer support and to send updates regarding your participation in any waitlists, Contests and Surveys. We may use your email address to send promotional and other information to you with your permission. With your permission, we may also send you push notifications with game updates and promotions through our App. To learn how to opt-out of the use of your information for such purposes, please see “Your Choices” below.
  • If you sign-up to receive our marketing emails, we may also use your email address to display targeted advertisements to you on third-party social media platforms such as Facebook, Twitter, Google or LinkedIn and we may provide a hashed version of your email address or other information to the platform provider for such purposes. To learn how to opt-out of the use of your information for such purposes, please see “Your Choices” below.
  • If you sign-up to participate in contests or creator programs, we may post, publish, share or otherwise promote your content on our webpages and social media sites, or use your name, picture, image, likeness, voice, signature or other biographical information in connection with the Creators Program or our campaigns;
  • We use information about your device and your use of the Services to better understand who is using our Services and how, and to improve our Services.
  • We may use your IP address to provide you with appropriate content and to block access to the Services from locations where we do not provide Services.
  • We use your network address associated with your Wallet to allow you to make transactions on the platform, including buying and receiving digital assets such as gaming tokens or collectibles
  • We use your feedback and correspondence to respond to your requests, feedback, or inquiries, and to continuously improve our products and services.
  • We use your payment information to process payments for the digital assets you buy and sell on the platform.

We will not use your personal information for purposes other than those purposes we have disclosed to you, without your permission.

4. Information Sharing

Yomi Games does not sell, license, lease or otherwise disclose personal information (including personal information relating to current or former customers) to any third party without consent for any reason other than the purposes described below:

  • We may transfer or make available personal information to our service providers who require access to the data in order to perform their tasks and duties in the course of providing services on our behalf (such as payment processing, hosting data, providing advertising, marketing and analytics services). We may also share personal information with third parties who have a legitimate purpose for accessing it (where permitted by applicable law). Our service providers may have access to or store personal information outside of the jurisdiction in which you reside, including in the United States or Singapore.
  • We may share your information with customer data and behavioral analytic platforms who help us to understand how you use and interact with our Services.
  • We may share your information with payment processing services with which we partner to process payments for digital assets, at your request.
  • We may disclose information to third parties about your account or the transactions you make if you give us your written permission.
  • We may transfer any information we have about you as an asset in connection with a proposed or completed merger, acquisition or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Yomi Games Pte. Ltd., or as part of a corporate reorganization or other change in corporate control.
  • We and our Singaporean, US and other foreign service providers may share your information with law enforcement, and officials, or other third parties when we are compelled to do so by a subpoena, court order, or similar legal procedure, where required or permitted by applicable law, or when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violation of any of our terms and conditions or any other applicable policies. We also may disclose your personal information in order to comply, as necessary, with applicable laws and regulatory requirements, as well as legal process; respond to mandatory legal or governmental requests or demands for information (which may include a lawful access request by United States or other courts, law enforcement or governmental agencies); enforce our agreements, policies, procedures and terms of use; and protect ourselves, our users, Account Holders, or the general public from illegal activities.
  • We may disclose personal information to another organization for the purposes of investigating a breach of an agreement or contravention of law or detecting, suppressing or preventing fraud, or as otherwise may be required or permitted by applicable Singaporean, U.S. or other law or legal process, which may include lawful access by US or foreign courts, law enforcement or other government authorities.
Third-Party Websites

We may have links to third-party websites on our website. Third-party websites have their own privacy policies, which are not under our control; we encourage you to review the privacy policies of all third-party websites you visit.

Use of Cookies and Other Website Information

We collect the IP addresses of all visitors to our Sites and other related information such as page requests, browser type, operating system and average time spent on our Sites. We use this information to help us understand our website activity and to monitor and improve our Sites and Services.

Yomi Games uses cookies in order to provide better service, to facilitate our customers’ use of our Sites, to track usage of the Sites, to collect data and to address certain security issues. When you access our Sites, we send the cookies to your computer, phone or mobile device. Your computer, phone or mobile device stores the cookie in a file located inside your web browser. The cookies help Yomi Games keep track of your visits to our Sites and your activity on our Sites and to understand how you interact with us.

We may link the information collected by cookies with other information we collect from you pursuant to this Privacy Policy and use the combined information to better understand user behavior to improve our products. Similarly, the third parties who serve cookies on our Sites may link your name or email address to other information they collect, which may include past purchases made online, or your online usage information.

You can generally activate or later deactivate the use of cookies through a functionality built into your web browser. If you want to learn more about cookies, or how to control, disable or delete them, please visit this site for detailed guidance. In addition, certain third-party advertising networks, including Google, permit users to opt out of or customize preferences associated with your internet browsing. To learn more about this feature from Google, click here . Please note that if you decide not to accept cookies from our Sites, you may not be able to take advantage of all of the features available on our Sites.

Yomi Games also uses analytics providers such as Google Analytics to help us gather and analyze information about the areas visited on the Sites (such as the pages most read, time spent, search terms and other engagement data) in order to evaluate and improve the user experience and the Sites.

The following link explains how Google uses data when you use its partners’ websites and applications: www.google.com/policies/privacy/partners/. To prevent the storage and processing of this data (including your IP address) by Google, you can download and install the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en. You can also obtain additional information on Google Analytics’ data privacy and security at the following links:

https://policies.google.com/technologies/partner-sites 

and

https://support.google.com/analytics/topic/2919631 

Your use of the Yomi Games and Yomi Gardens websites is evidence of your consent to Yomi Games storing and accessing cookies and other information on your computer or phone and Yomi Games’ use of Google Analytics in connection with such activities. Please read the information at the link provided so you understand what you are consenting to.

App Usage Information & Analytics

As with many applications, certain limited data is required for the App to function on your device. This data includes the type of device hardware and operating system, unique device identifier, IP address, language settings, and the date and time the App accesses our servers. We use this information to help us understand the activity on our App, to monitor and improve our App, and to tailor your in-App experience. In addition, we may use third party service providers to collect analytical information about your use of the App, such as the App features used and time spent on the App, to help us tailor your in-app experience, improve our products and the quality of our App, and to manage and analyze data in order to better understand our users.

5. Children’s Policy

IF YOU ARE UNDER 13 YEARS OF AGE (OR UNDER THE AGE OF 14 IN SPAIN OR SOUTH KOREA), THEN PLEASE DO NOT USE OR ACCESS YOMI GARDENS OR YOMI GAMES SERVICES AT ANY TIME OR IN ANY MANNER.

Yomi Gardens and Yomi Games’ applications are not intended for children. We do not knowingly collect personal information from children or minors under 13 years of age.

6. Security

Yomi Games strives to ensure that our systems are secure and that they meet industry standards. We seek to protect the personal information in our custody and control against theft, loss and unauthorized access, use, modification and disclosure by implementing physical, administrative and electronic safeguards. Yomi Games restricts access to personal information on a need-to-know basis to employees and authorized service providers who require access to fulfill their job requirements. Yomi Games endeavors to engage third-party service providers that have security and confidentiality policies, if such third-party service providers have access to our customer’s personal information and such service providers are not authorized to use the personal information for their own purposes.

The content you create or submit through Yomi Games’ applications may be stored locally on your device. You should take steps to secure your mobile device including without limitation, setting a security password.

Despite our efforts to protect the security of your information, no security system is always effective and we cannot guarantee that our systems will be completely secure.

7. Your Rights and Choices

You may decline to share certain information with Yomi Games, in which case Yomi Games may not be able to provide to you some of the features and functionality found on our Services. For other requests to review, update, delete, or otherwise limit Yomi Games’ use of information that you have provided directly to Yomi Games, you may contact privacy@yomigames.gg. In your request, please include your email address, name, address, and telephone number and specify all relevant background. 

To protect your privacy and security, we may take steps to verify your identity before granting you access or making corrections to your information. You are responsible for maintaining the secrecy of your unique password, seed phrase, and any related account or wallet information at all times.

Retention of Personal Information

We will retain your personal information as long as you continue to use the Services, or for as long as is necessary to fulfill the purposes outlined in this Privacy Policy. Even after you delete your Account, we may retain copies of information about you for a period of time that is consistent with applicable law, applicable statute of limitations or as we believe is reasonably necessary to comply with applicable law, regulation, legal process, or governmental request, to collect fees owed, to resolve disputes, to address problems with our services, to assist with investigations, to enforce our Terms or other applicable agreements or policies, or to take any other actions consistent with applicable law. For non-EEA residents and where permitted by law, we may continue to index information regarding your public network address from the Oasys, Ethereum, or other EVM-based blockchains for account resurrection purposes.

8. Legal Basis for Processing Personal Information (EU Residents)

Our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it.

However, we will normally collect personal information from you only (i) where we need the personal information to perform a contract with you; (ii) where the processing is in our legitimate interests and not overridden by your rights; or (iii) where we have your consent to do so. We have a legitimate interest in operating our Services and communicating with you as necessary to provide these Services, for example when responding to your queries, improving our Platform, undertaking marketing, or for the purposes of detecting or preventing illegal activities.

In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person.

If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).

9. California Privacy Rights

California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. Yomi Games does not currently disclose personal information to third parties for their direct marketing purposes.

10. Privacy Policy Changes

Yomi Games reserves the right to make changes to this Privacy Policy. You should review our Privacy Policy frequently. If we make material changes to our Privacy Policy, our revised Privacy Policy will be posted at www.yomigames.gg/privacy, and it will either be noted on our Sites that material changes have been made or we will notify our users by email. The date of the most recent update to our Privacy Policy will be set forth in the header to the Privacy Policy.

How to Contact Us About This Policy If you have questions or concerns regarding this Privacy Policy or the manner in which we or our service providers treat your personal information, or if you have a complaint, you should first contact us by emailing our team at privacy@yomigames.gg.

If you would like to submit a complaint about our use of your personal information or response to your requests regarding your personal information, you may contact us at privacy@yomigames.gg or submit a complaint to the data protection regulator in your jurisdiction.

Terms & Conditions

Yomi Games Pte. Ltd. Terms of Service

Last updated November 1, 2023

Please review these Terms of Service (“Terms”) carefully, as they set forth the legally binding terms and conditions that govern your use of our websites located at https://www.yomigames.gg, https://www.yomigardens.com, (“Websites”) and our gaming platform (the “Platform”), including related trademarks, software code, and other intellectual property (collectively, the “Services”). By accessing or using the Services, you accept these Terms on behalf of yourself and any entity that you represent, and you represent and warrant that you have the right and authority to do so. You further represent and warrant that you are fully able and competent to enter into, and abide by and comply with, the Yomi Games Terms of Service. If you do not agree with all of the provisions of these Terms, do not access or use the Services.

By accessing or using the Services, you represent that you are of the legal age of majority in your jurisdiction as may be required to access and use the Yomi Games Services. If you have not reached the age of majority in your jurisdiction but are at least thirteen (13) years of age, your legal guardian must review these Yomi Games Terms and explain them to you before you use the Yomi Games Services. The Websites are a copyrighted work belonging to Yomi Games Pte Ltd. (“Yomi Games,” “Yomi,” “Company,” “us,” “our,” and “we”). Your submission of information, including personal information, through or in connection with the Services is governed by the terms of our privacy policy as updated from time to time, available at https://yomigames.gg/privacy (“Privacy Policy”). In order to play Yomi Gardens or access or use the Services, you will be required to first accept the Privacy Policy. You will be prompted to accept the Privacy Policy upon your initial registration of an Account. You will be prompted to accept updates to the Privacy Policy from time to time when you log in to your Account by clicking to accept the updated Privacy Policy.

When you accept the Privacy Policy, and any updates thereto, you consent to us collecting, accessing, using, processing, disclosing, and retaining any personal information you provide to us so we may provide the Services to you. This consent is not related to, and does not affect, any rights or obligations we or you have in accordance with data protection laws, privacy laws, and regulations.

Some jurisdictions (which may include Singapore, Singapore) do not allow mandatory arbitration, prohibitions against class actions or governing law and forums other than where the individual consumer is located. If you are located in one of these jurisdictions, the following sentence may not apply to you and you may have additional rights. These terms require the use of arbitration (Section 13) on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

1. The Platform

Users of the Platform will be able to access online gaming services and interactive games produced by Yomi Games (“Games”), including the features available within each Game. To access Games, users of the Platform must sign up for an account (“Account”). Users with an Account (“Account Holder”) will need to provide a username and valid email to Yomi Games. Within each Game, Account Holders may earn virtual game-specific items or abilities represented by certain ERC-721 or ERC-1155 blockchain tokens (“Gaming Tokens”) which are wholly owned, possessed, and controlled by the Account Holder. Account Holders may also purchase Gaming Tokens via a first or third party marketplace accessible within each Game.

1.1 Limited License Agreement

Yomi Games owns, has licensed, or otherwise has rights to use all of the content that appears in the Platform and on our Websites, including original artwork that appears within the Games (“Artwork”). Gaming Tokens do not grant any ownership rights over any Artwork or any of Yomi Games’ other intellectual property. Each user acknowledges the rights attached to each Gaming Token do not exceed the grant of rights provided by these Terms.

Notwithstanding any provision to the contrary herein, you agree that you have no right to or title in any content that appears in the Platform, including without limitation the Artwork, or any other attributes associated with an Account.

Subject to these Terms, Yomi Games grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Platform for your own personal and non-commercial use. Yomi Games reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Games, the Platform and the Websites. Users may display, copy or make use of any of the Artwork for commercial use only with the prior written consent of Yomi Games. For the avoidance of doubt, Users can play Yomi Gardens outside of the Platform using their Gaming Tokens in digital or printed format.

1.2 Platform Restrictions

The following restrictions apply to the use of the Platform:

  • You represent and warrant that you are legally permitted to use the Services in your jurisdiction, including owning Blockchain Assets and interacting with the Services in any way. You further represent you are responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that Yomi Games is not liable for your compliance or non-compliance with such laws.
  • You represent and warrant that you are not a person or entity identified on: (a) any list of restricted parties targeted under U.S., EU, Canadian, or multilateral sanctions, including, but not limited to, the U.S. Department of the Treasury, Office of Foreign Assets Control’s List of Specially Designated Nationals and Blocked Persons, the U.S. Department of Commerce’s Entity or Denied Persons Lists, the EU Consolidated list of persons, groups and entities subject to EU financial sanctions, or the Consolidated Canadian Autonomous Sanctions List; or (b) owned or controlled by, or acting on behalf, or at the direction, of any of the foregoing; or (c) a list of denied persons or parties of concern maintained by the Bureau of Industry and Security of the United States Department of Commerce; or (d) any similar list promulgated by an official agency, ministry or department of the United States.
  • You represent and warrant that you are not a resident of, or located in, any of the countries to which the United States has deemed a Prohibited Jurisdiction.
  • You shall not access your Account or the Platform using a virtual private network or any similar tool that would allow you to circumvent any restrictions in this Section that would otherwise apply to your use of your Account or the Platform.
  • You shall not engage in any automated use of the Platform or automated gameplay, including through the use of any code, software, scripts, robots, or similar automatic devices that are not expressly permitted by Yomi Games pursuant to these Terms.
  • You shall not (or attempt to) purchase, sell, rent, or give away your Account, or create an Account using a false identity or information, or on behalf of someone other than yourself.
  • You shall not use the Platform if your account has previously been removed by Yomi Games, or you have previously been banned from playing any Game.
  • You shall use your Account only for non-commercial purposes.
  • You shall not use the Platform to advertise, solicit, or transmit any commercial advertisements, including spam or repetitive or misleading messages to anyone.
  • You shall not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive; or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
  • You shall not disrupt, interfere with, or otherwise adversely affect the normal flow of the Platform or otherwise act in a manner that may negatively affect other users’ experience when using the Platform. This includes any kind of manipulation of rankings or taking advantage of errors to gain an unfair edge over other users and any other act that intentionally abuses or goes against the design of the Platform.
  • You agree not to probe, scan, or test the vulnerability of the Websites or Yomi Gardens, or breach the security or authentication measures of the Websites or any part of the Services, except in connection with, and in accordance with the rules of, a Yomi Games sponsored bounty program.
  • Yomi Games reserves the right to determine, except where prohibited by applicable law, what conduct it considers to be in violation of these restrictions. Yomi Games reserves the right to take action as a result, which may include terminating your Account and prohibiting you from accessing the Platform in whole or in part.

1.3 Account Deletion

Yomi Games may delete your Account in accordance with Section 7 if we deem, except where prohibited by applicable law, in our sole discretion, your username or avatar to be offensive or inappropriate. You may permanently delete your Account on the Platform by clicking on “Profile Settings” in the Platform and choosing the option to delete. Deletion of your Account does not have any effect on your ownership of Blockchain Assets (defined below), which includes Gaming Tokens.

1.4 Use of Chat Rooms

Yomi Games 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. Yomi Games 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 these Terms or Privacy Policy; (c) to protect Yomi Games’ legal rights and remedies; (d) to protect the health or safety of anyone that Yomi Games believes may be threatened; or (e) to report a crime or other offensive behavior.

1.5 User Interactions

You are solely responsible for your interactions with other users of the Platform and any other parties with whom you interact through the Platform. Yomi Games reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Yomi Games to investigate any suspected unlawful, fraudulent or improper activity.

1.6 Gaming Tokens, Fees and Billing

Gaming Tokens, fees, and billing procedures may change over time. The existence of a particular offer for Gaming Tokens does not mean Yomi Games will maintain or continue to make available that particular Gaming Token or that particular offer. The scope, variety, and type of Gaming Tokens that you may obtain can change at any time and Yomi Games has the right to manage, regulate, control, modify, or remove any or all Gaming Tokens at our sole discretion, in which case, unless prohibited by applicable law, we will have no liability to you or anyone for the exercise of such rights. If any such change is unacceptable to you, your sole recourse is to terminate your Account. Unless prohibited by applicable law, which may include the laws of Quebec, Canada, in which case we will effect such changes in accordance with such laws, your continued use of the Websites or Yomi Gardens after notice of the changes will indicate your acceptance of those changes. The price of Gaming Tokens on secondary markets may vary depending on a variety of factors including where or how you obtain them. The price and availability of Gaming Tokens on secondary markets may change without notice.

2. Vault and Conversion Contract Terms

2.1 Vault Terms

Account Holders will be provided a custodial Yomi Games Vault, in order to play our games and store their blockchain assets. The Yomi Games Vault provides Account Holders with access to an interface allowing them to execute instructions directly on the Oasys, SKALE, Ethereum, or Ethereum Virtual Machine (“EVM”) based blockchain network (the “Yomi Games Vault”). The Yomi Games Vault allows users to view balances for digital assets that are compatible with the Vault (“Blockchain Assets”), initiate transfers and transactions involving Blockchain Assets, and as an authenticating account, to access Yomi Gardens and other products and games.

2.2 Conversion Contract

The Conversion Contract consists of a series of open source smart contracts published by Yomi Games that will allow a user to, in a self-directed process, lock one digital asset that conforms with the ERC-20 standard in exchange for the creation and transfer to the user of a digital asset with the same features that conforms with the ERC-721 or ERC-1155 standard. All action executed through the Conversion Contract is directed by users and does not involve the intervention of Yomi Games. Users are responsible for executing the Conversion Contract and for the outcomes of such execution. Users agree and acknowledge that neither Yomi Games nor any other individual will have control over any digital assets locked in the smart contracts related to the Conversion Contract. Users may send instructions to the Conversion Contract through the user interface provided by the Yomi Gardens or directly through other means.

3. Virtual Currency / Site Items

You acknowledge that the Services may include a component of fictional credits or currency sometimes called “Points” (collectively, “Virtual Currency”), which are different from Gaming Tokens based on blockchain technology. The Virtual Currency may be used exclusively within the Services to gain access to, and certain limited rights to use, virtual items for use exclusively within the Services (“Site Items”). Regardless of the terminology used, Virtual Currency represents a limited license right governed solely under these Terms of Service, and is not redeemable for any sum of money or monetary value from Yomi Games or any other person or entity at any time. Virtual Currency provided by Yomi Games includes only a limited license right to use Virtual Currency. Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use Virtual Currency on and in the Services, including in or for any games, applications or other services provided or offered on or through websites and/or third party platforms, you agree that you have no right, title or ownership in or to any such Virtual Currency.

You acknowledge and agree that Virtual Currency and Site Items have no cash value and that neither Yomi Games nor any other person or entity has any obligation to exchange your Virtual Currency or Site Items for anything of value, including, without limitation, real currency, and that, if your Account is terminated, suspended or otherwise modified, or if your right to access the Services is terminated, the Virtual Currency, Site Items and your Account shall have no value.

Yomi Games reserves the right to charge fees for the right to access or use Virtual Currency or Site Items, and/or may distribute Virtual Currency or Site Items without charge, in its sole discretion. For example, Yomi Games may, as a promotion or benefit of membership, provide users with a certain amount of Virtual Currency or a certain Site Item based upon the completion of an activity, such as signing up a certain number of users. You acknowledge and agree that Yomi Games may revise or take action that impacts the perceived value of or pricing for any Virtual Currency, Site Items and/or any Services at any time.

All purchases of Virtual Currency and Site Items are final and under no circumstances will be refundable, transferable or exchangeable. By purchasing Virtual Currency and Site Items (e.g. clicking or tapping the relevant purchase button), you are confirming that you want the Virtual Currency and/or Site Item immediately credited to your Account and that by doing so you lose any cancellation rights under applicable laws, including but not limited to the EU Consumer Rights Directive (2011/83/EU) and/or any national laws implementing it.

Yomi Games has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Site Items as it sees fit in its sole discretion, and Yomi Games shall have no liability to you or anyone else for the exercise of such rights. For example, Virtual Currency and Site Items will be lost, deleted from your Account, or forfeited when/if your Account is terminated, suspended or closed for any reason, or when Yomi Games discontinues any or all of the Services, including without limitation any Services provided or offered through third party platforms.

Yomi Games reserves the right, in its sole discretion, to make all calculations regarding the balance of Virtual Currency in your Account. Yomi Games further reserves the right, in its sole discretion, to determine the number of Virtual Currency that are credited and debited from your Account in connection with your use of the Websites or Services (including any services provided or offered through third party platforms), entry into Promotions, and/or purchase of Site Items. While Yomi Games strives to make all such calculations on a consistent and reasonable basis, you hereby acknowledge and agree that Yomi Games’ determination of the amount of Virtual Currency in your Account is final, unless you can provide documentation to Yomi Games that such calculation was or is intentionally incorrect.

4. Virtual Currency Transfers / Transactions

Any unauthorized transferring, trading, selling or exchanging of any Virtual Currency (which are different and separate from Gaming Tokens), Site Items, or Accounts (“Unauthorized Transactions”) to anyone, including among other users of the Services, is not sanctioned by Yomi Games and is strictly forbidden. All users who participate in such activities do so at their own risk and hereby agree to indemnify Yomi Games against any and all consequences resulting from such actions. You acknowledge that Yomi Games may stop, suspend, terminate, discontinue, or reverse any Unauthorized Transaction, regardless of when such Unauthorized Transaction occurred (or has yet to occur) when it suspects or has evidence of fraud, violations of the Terms or Service, violations of any other applicable law or regulation, or any intentional act designed to interfere at all with the normal operation of the Services. You further agree that Yomi Games may, in its sole discretion, reverse any transaction that is in its best interest, or may debit your balance of Virtual Currency including, without limitation, taking actions, which may cause your balance to be zero and/or a negative amount. Yomi Games may, in its sole discretion, terminate, suspend, or modify your Account if you engage or assist in any Unauthorized Transaction. Verification of certain information applicable to a transaction involving Virtual Currency and/or Site Items may be required prior to Yomi Games’ acceptance thereof. Yomi Games may replace such lost Virtual Currency and/or Site Items under certain circumstances, at its sole discretion on a case-by-case basis, without incurring any obligation or liability.  

You may be required to provide Yomi Games or its designated agent with your credit card number or other billing information, and related information, in order to purchase Virtual Currency or Site Items. You may also have the option of participating in third party offers to receive Virtual Currency. Yomi Games is not responsible or liable to you for any credit card or bank-related charges and fees related to your transactions for the Services, including through third party platforms, or for your participation in any third party offers. All such transactions are administered by a third party payment processor and/or store. Yomi expressly disclaims any liability for any such transactions, and you agree that your sole avenue of recourse regarding such transactions is through such a third party processor and/or store. You acknowledge and agree: (a) that any credit card transaction-related information will be treated by Yomi Games as described in the Privacy Notice and, as applicable, in the privacy policy of the third-party payment processor(s) or stores used by Yomi Games, including through third party platforms; (b) that all credit card and other payment related information that you provide to Yomi Games, its designated payment processor or store, or a third party providing offers, is accurate, current and complete; (c) that you will pay any and all charges incurred by you or any authorized user of your payment method resulting from your purchase at the rate(s) in effect when such charges are incurred; and (d) that you are responsible for any and all federal, state and local taxes relating to or arising from your purchase.

5. Sweepstakes and Contests

From time to time we may offer or allow you to participate in promotions, giveaways, contests or sweepstakes (each, a “Promotion”) via our Services, or through a third party platform.  Participation in any Promotion is subject to the official rules or guidelines governing that Promotion. Yomi Games may announce rules in connection with any Promotion, but regardless of whether specific rules are announced, all such opportunities will be controlled by the Terms or Service, unless specifically superseded by Promotion-specific rules. Please also be aware that if a third party administers the Promotion, your participation may be subject to additional terms and conditions, and you should specifically read such third party’s rules, terms of service, and privacy policies before participating. You agree that Yomi Games is not responsible for such third parties’ promotions.

6. Refund Policy

6.1

All purchases of Gaming Tokens are final and Yomi Games does not issue refunds.

6.2

Purchases of Virtual Currency, Gaming Tokens, or cryptocurrency using one of the third-party payment providers through the Yomi Games Vault or using the Apple Store or Google Store are subject to the refund policy of the relevant third-party service provider. Links to those policies are provided below for your reference:

Apple Media Services Terms and Conditions: https://www.apple.com/legal/internet-services/itunes/ 

Google Play Terms of Service:

https://play.google.com/intl/en_fk/about/play-terms/ 

6.3

You are solely responsible for securing your login credentials and any device you use to access your Yomi Games Vault. You understand that anyone who obtains your login credentials and access to your device may access your Yomi Games Vault with or without your authorization and may transfer any blockchain assets accessible through your Yomi Games Vault or engage in the unauthorized purchase of cryptocurrency. Yomi Games does not have control or have access to your Yomi Games Vault and will not provide any refunds in the event of such an unauthorized purchase or transfer of assets.

7. Website Terms

7.1 Access to the Website

(a) License. Subject to these Terms, Yomi Games grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Websites for your own personal and non-commercial use.

(b) Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Websites, whether in whole or in part, or any content displayed on the Websites; (b) you shall not (directly or indirectly) modify, decipher, disassemble, reverse compile or reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services; (c) you shall not access the Websites in order to build a similar or competitive website, product, or service; (d) you shall not translate, or otherwise create derivative works, adaptations, translations or compilations of any part of the Services; (e) you shall not rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder; (f) you shall not frame or mirror any part of the Websites without Yomi Games’ express prior written consent; (g) you shall not create a database by systematically downloading and storing content related to the Services; (h) you shall not use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, harvest, index, “scrape,” “data mine” or in any way gather content related to the Services, or reproduce or circumvent the navigational structure or presentation of the Services, without Yomi Games’ express prior written consent; and (i) except as expressly stated herein, no part of the Websites may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Websites shall be subject to these Terms. All copyright and other proprietary notices on the Websites (or on any content displayed on the Websites) must be retained on all copies thereof.

(c) Modification of the Websites. Yomi Games reserves the right, at any time, to modify, suspend, or discontinue the Websites (in whole or in part) with or without notice to you. You agree that Yomi Games will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Websites or any part thereof.

(d) No Support or Maintenance. You acknowledge and agree that Yomi Games will have no obligation to provide you with any support or maintenance in connection with the Websites, unless specifically contracted for under a separate agreement.

(e) Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Websites and their content are owned by Yomi Games. Neither these Terms nor your access to the Websites transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in these Terms. Yomi Games reserves all rights not granted in these Terms. There are no implied licenses granted under these Terms.

7.2 Accuracy of Information

We attempt to ensure that the information that we provide on the Websites is complete, accurate and current. Despite our efforts, the information on Websites may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or correctness of any information on any Website.

7.3 Links to Third Party Website

The Websites, Platform, and Services may now or in the future contain links to third party websites. Where provided, these links are provided as a convenience to you. Yomi Games does not control and is not responsible for the content of such third-party websites or the conduct of the operators of such third-party websites, and we do not make any representations regarding the accuracy, copyright, or other statutory or regulatory compliance, legality, or decency of any of the content or other materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.

8. Disclaimers

SOME JURISDICTIONS (WHICH MAY INCLUDE QUEBEC) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, INCLUDING LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOLLOWING LIMITATION MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND YOMI GAMES (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

YOMI GAMES DOES NOT ENDORSE ANY OTHER THIRD PARTY AND SHALL NOT BE RESPONSIBLE IN ANY WAY FOR ANY TRANSACTIONS YOU ENTER INTO WITH OTHER USERS. YOU AGREE THAT YOMI GAMES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS BETWEEN YOU AND OTHER USERS.

9. Terms and Termination

These Terms will remain in full force and effect while you use the Services. We may suspend or terminate your rights to use the Services at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Services will terminate immediately. You understand that any termination of your rights may involve removal of your User Content from our live databases. Yomi Games will not have any liability whatsoever to you for any termination of your rights under these Terms, including for deleting your account or blacklisting any network address you provide to us. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Section 1.1, Section 5.1, Section 6, Section 8, Section 9, Section 11 and Section 12.

10. Other Users

Each User is solely responsible for any and all of its own User Content. Because we do not control User Content and/or other third-party sites and resources, you acknowledge and agree that we are not responsible for the accuracy or availability of any User Content and materials and/or external sites or resources, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other users are solely between you and such users. You agree that Yomi Games will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user, we are under no obligation to become involved.

10.1 Release

SOME JURISDICTIONS (WHICH MAY INCLUDE SINGAPORE OR THE UNITED STATES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE FOLLOWING LIMITATION MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. You hereby release and forever discharge Yomi Games (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other users or any Third-Party Links & Ads). 

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

11. User Content

 

11.1 User Content

“User Content” means any and all information and content that a user submits to, or uses with, the Services (e.g., content in the avatar, username, private or public chats or forums). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 9.2). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Yomi Games. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Yomi Games is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

11.2 Acceptable Use Policy

The following terms constitute our “Acceptable Use Policy”:

(a) You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content: (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Services; or (vii) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Services (provided, however, that we may conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of, and solely to the extent necessary, for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

11.3 Enforcement

We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include deleting your Account, blacklisting your Vault address, and/or reporting you to law enforcement authorities.

11.4 Feedback

If you provide Yomi Games with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to Yomi Games all rights in such Feedback and agree that Yomi Games shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Yomi Games will treat any Feedback you provide to Yomi Games as non-confidential and non-proprietary. You agree that you will not submit to Yomi Games any information or ideas that you consider to be confidential or proprietary.

12. Disclaimers Regarding Gaming Tokens

12.1

You expressly acknowledge and agree that your participation in any Games, and your receipt and possession of any Gaming Token, is voluntary and for entertainment purposes only.

12.2

You expressly acknowledge that Yomi Games is under no obligation, and you are in no way relying on Yomi Games, to promote, support, or improve Yomi Gardens, and that Yomi Games reserves the right to cease support for Yomi Gardens and to terminate the availability of Yomi Gardens at any time, and that Yomi Games may cease to sell or award new Gaming Tokens on Yomi Gardens.

12.3

You expressly acknowledge that your receipt, purchase, or possession of Gaming Tokens does not give you any rights in or claims against Yomi Games, that Gaming Tokens are not a financial or investment instrument of any kind, that Gaming Tokens may not have any real-world monetary value whatsoever, and that Yomi Games is not responsible for any value attributable to, or fluctuations or loss in the value of, Gaming Tokens.

12.4

While Yomi Games has taken a number of precautions to ensure the security of the Gaming Tokens, the Vault and Conversion Contract, the technology is relatively new and it is not possible to guarantee that the code is 100% free from bugs or errors. Users accept all risks that arise from using the Vault, the Gaming Tokens and the Conversion Contract, including but not limited to the risk of any funds being lost due to a failure of the Conversion Contract. Your Gaming Tokens may be lost, stolen, or otherwise rendered unusable due to bugs in smart contracts implementing the Game, the Vault, the Conversion Contract, other Vaults and the Ethereum network.

13. Indemnification

You agree to indemnify and hold Yomi Games (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of: (i) your use of the Services; (ii) your violation of these Terms; (iii) your violation of applicable laws or regulations; or (iv) your User Content, expressly including, if applicable, Creator Content. Yomi Games reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Yomi Games. Yomi Games will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

14. Limitation on Liability

SOME JURISDICTIONS (WHICH MAY INCLUDE SINGAPORE AND THE UNITED STATES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, INCLUDING LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOLLOWING LIMITATION MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL YOMI GAMES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE SERVICES, EVEN IF YOMI GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

YOMI GAMES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR FAILURE TO KEEP YOUR PRIVATE KEYS OR LOGIN CREDENTIALS TO YOUR VAULT SECURE OR ANY OTHER UNAUTHORIZED ACCESS TO OR TRANSACTIONS INVOLVING YOUR VAULT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF TEN US DOLLARS (U.S. $10). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

15. Disclosures

Yomi Games is located in Singapore. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

16. Electronic Communications

The communications between you and Yomi Games use electronic means, whether you use the Services or send us emails, or whether Yomi Games posts notices on the Services or communicates with you via email. For contractual purposes, you: (i) consent to receive communications from Yomi Games in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Yomi Games provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

17. Governing Law and Jurisdiction

SOME JURISDICTIONS HAVE CONSUMER PROTECTION AND OTHER LEGISLATION WHICH MAY APPLY TO THE SERVICES AND WHICH DO NOT ALLOW CERTAIN PROVISIONS SUCH AS RESTRICTIONS ON GOVERNING LAW OR JURISDICTION, LIMITATIONS OF LIABILITY AND EXCLUSION OF CERTAIN WARRANTIES, AMONG OTHERS. TO THE EXTENT THAT A RESTRICTION ON GOVERNING LAW OR JURISDICTION, LIMITATION, EXCLUSION, RESTRICTION OR OTHER PROVISION SET OUT BELOW IS SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SUCH LIMITATION, EXCLUSION, RESTRICTION OR PROVISION MAY NOT APPLY TO YOU.

These Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Santa Clara County, CA. You agree that the courts of Santa Clara County shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of these Terms.

If you are located outside of the United States or Canada, you use or access the Services solely at your own risk. The Services may not be appropriate or available for use in some jurisdictions. Yomi Games and its partners do not represent or warrant that the Services or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States or Canada. In choosing to access the Services, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.

18. Agreement to Arbitrate; Class Action Waiver 

18.1. We Both Agree to Arbitrate  

If we can’t resolve our dispute through Customer Service or on our forums, you and Yomi Games agree to resolve any claims relating to the Terms or Service through final and binding arbitration. This applies to all kinds of claims under any legal theory.

Either of us can bring a claim in small claims court either in San Francisco, California, or the county where you live, or some other place we both agree on, if it qualifies to be brought in that court.

In addition, if you or Yomi Games bring a claim in court that should be arbitrated or any of us refuses to arbitrate a claim that should be arbitrated, the other of us can ask a court to force us to go to arbitration to resolve the claim (i.e., compel arbitration). You or Yomi Games may also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.

18.2. No Class Actions 

We all agree that we can only bring a claim against each other on an individual basis. That means: (a) neither you nor Yomi Games can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action; (b) an arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this); (c) an arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other Yomi Games users, and cannot be used to decide other disputes with other users. If a court decides that this subsection on “No Class Actions” is not enforceable or valid, then the entire Section 21 (Agreement to Arbitrate; Class Action Waiver) will be null and void, but the rest of the Terms of Service will still apply.

18.3. The Arbitration Process  

Any disputes between you and Yomi Games relating to the Services, Websites and/or the Materials that involve a claim of less than US$10,000 must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. In addition, you and Yomi Games agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any disputes between you and Yomi Games relating to the Services and/or the Materials that involve a claim of less than US$10,000 must be resolved in accordance with the AAA’s rules about whether the arbitration hearing has to be in-person.

19. General

19.1 Entire Terms

These Terms constitute the entire agreement between you and us regarding the use of the Services. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. You confirm that you are acting on your own behalf and not for the benefit of any other person. Your relationship to Yomi Games is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Yomi Games’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Yomi Games may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

19.2 System Outages 

Yomi Games periodically schedules system downtime for the Services for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that Yomi Games has no responsibility and is not liable for: (a) the unavailability of the Services including those available on third party platforms; (b) any loss of Materials, data, transactions or any other information caused by such system outages; (c) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or Materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Services, any Internet service providers, any third party platforms, or any Internet facilities and networks.

19.3 Statute of Limitations

Any claim or cause of action arising out of or related to use of the Services, the Websites, the Materials, including any services or information available through third party platforms, or the Terms or Service must be filed within one (1) year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such a 1-year period, such claim or cause of action are forever barred.

19.4 Changes

Unless otherwise required by applicable laws, which may include the laws of Singapore or the United States, if applicable (in which case, we will make changes in accordance with such laws), these Terms are subject to occasional revision. If we make any substantial changes, you will be prompted to review those changes and click to accept the updated Terms when you next log in to your Account. These changes will be effective upon your acceptance of the updated Terms. In addition, continued use of our Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

19.5 Waiver

A waiver by Yomi Games of any right or remedy under these Terms shall only be effective if it is in writing, executed by a duly authorized representative of Yomi Games, and shall apply only to the circumstances for which it is given. Our failure to exercise or enforce any right or remedy under these Terms shall not operate as a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of any such right or remedy or other rights or remedies.

19.6 Governing Law

The Terms of Service are governed by and construed in accordance with the laws of Santa Clara County, CA, without regards to its principles of conflicts of law that would require the application of the laws of another jurisdiction, and shall be considered to have been made and accepted in Santa Clara County, CA.

19.7 Jurisdiction for Legal Disputes Not Subject to Arbitration

If the Agreement to Arbitrate is determined to be invalid or unenforceable (or if any dispute does not qualify for arbitration), the dispute shall be subject to the exclusive jurisdiction of the courts located in Santa Clara County, CA. You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.

19.8 Copyright and Trademark Information

Copyright © 2023 Yomi Games Pte Ltd. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such a third party that may own the Marks.

19.9 Contact Information

You may contact us at any time regarding these Terms at hello@yomigames.gg.