BUFF TERMS OF USE

The BUFF Service (as defined below) is operated by BUFF Technologies LTD., (“we”, “us” or “BUFF”), and is provided to you through the BUFF mobile and desktop applications made available by BUFF (the “App”). The BUFF Service allows users who are registered on the App (“Registered User(s)”), to play and earn (as defined below) as a result of their in-games activity and exposure to ads placed in the App. The BUFF Service is intended for use by people who are both (i) at least 18 years of age and (ii) of legal age in their jurisdiction. If you are not both at least 18 years of age and of a legal age in your jurisdiction, do not use the BUFF Service. BUFF shall not be responsible for any consequences and/or damages you may incur in breach of the foregoing.

By registering to, using or accessing the App you represent and warrant that: (i) when using or accessing the BUFF Properties all information you submit is truthful and accurate and you shall maintain the accuracy of such information; (ii) to the extent that you are not 18 years of age or older (or otherwise are at the age of majority in your jurisdiction) you have your parent’s or legal guardian’s permission to enter into these terms, or otherwise have the ability to form a binding contract with us; and (iii) your use or access of the App does not violate these terms or any applicable laws or regulations or any obligation you may have to a third party.

Please read carefully the following provisions of these terms of use and the Buff privacy policy available at https://www.buff.game/buff-privacy-policy/ (“Privacy Policy”) (these terms of use together with the Privacy Policy shall collectively be referred to as “Terms of Use”) which shall govern any and all use of the BUFF Service, the App and the BUFF website located at www.buff.game (the “Website” and together with the Buff Service and the App – the “BUFF Properties”). Registered Users and users of the Website are referred to herein as “Users”, “you” or “your”, applicable.  This is a legally binding agreement between you and BUFF regarding your access to and use of the BUFF Properties. In order to use and/or access the BUFF Properties, you must first review and agree to these Terms of Use. If, at any time you do not agree to these Terms of Use, you must immediately logout from the App and terminate your use of and access to the BUFF Properties. BUFF reserves the right to deny access, suspend or terminate any User which does not comply with these Terms of Use, at its sole discretion.

These Terms of Use are subject to unilateral change, modification or replacement by BUFF at any time, at its sole discretion, effective upon notice on the App or Website. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the BUFF Properties following the posting of any changes to these Terms of Use will constitute your acceptance of those changes.

BUFF shall not be liable to you or to any third party for any modification, suspension or discontinuance of the BUFF Service or any portion thereof.

Certain BUFF Services components are powered by Overwolf, with respect to which additional terms may apply as shall be presented to you and accepted by you in the scope of your use of the BUFF Services, including but not limited to the Overwolf’s Terms of Service (available at: http://www.overwolf.com/legal/) and any other terms incorporated by reference therein (“Additional Terms”), all of which are incorporated by reference in these Terms of Use. If there is a conflict between these Terms of Use and any Additional Terms, to the extent they apply to the BUFF Service, the Additional Terms will prevail.

ARBITRATION NOTICE: THESE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES, YOU AND BUFF AGREE THAT DISPUTES BETWEEN YOU AND BUFF WILL BE RESOLVED BY MANDATORY BINDING INDIVIDUAL ARBITRATION, AND YOU AND BUFF WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

HOW IT WORKS

BUFF Service offers you the opportunity to play certain video games and to accumulate BUFF points pursuant to your in-game performance (as defined on the App and may be updated from time to time by BUFF) (the “BUFF Service”) Points If you use BUFF Service while located in a jurisdiction that forbids the above-mentioned practices, you will be in violation of the law of such jurisdiction and of these Terms of Use, and will be (among other implications) subject to having your Profile (as defined below) suspended or terminated and all winnings (if any) voided.

In addition, and subject to your use of the BUFF Service as a Registered User, the BUFF Service may allow you to earn through interaction and engagement subject to certain requirements (e.g., in game competitive activities, achievements, exposures to ads placed in the App, etc.) BUFF points in accordance with the terms herein for use in the applicable BUFF Properties.

In order to become a Registered User and enjoy the BUFF Service, you must first download and install the APP and register to the BUFF Services. After clicking on “LOG IN” button you will be asked to provide your credentials in order to sign in on the App, including but not limited to, your email account, and once provided, your personalized profile with BUFF will be created and associated to your User (the “Profile”). In order to enjoy the BUFF Service you must act according to one of the following scenarios:

(1) If you are Overwolf user and have the Overwolf Appstore software with BUFF Application software installed, simply launch a supported game (the “Game”) and start playing on any server. As long as Overwolf Appstore software with BUFF Application software is running in the background of your PC, you will accumulate points for your in-game performance.

(2) If you are not Overwolf user and do not have Overwolf Appstore software with BUFF Application software installed, you have to download and install it clicking on “Get it on OVERWOLF”. Once installed, you shall proceed to scenario no. 1.

BUFF will not be responsible for technical, hardware or software malfunctions, lost or unavailable network connections, or disconnects, which are under the responsibility of any other third party.

Mobile:

(1) If you are a BUFF user and have the Buff Appstore or Play store software installed, simply launch the app and log in with your Buff log-in credentials.  You will need to connect your game according to the App instructions. With BUFF Application installed on your mobile and actively connected to the games you play, you will accumulate points for your in-game performance and time spent.

(2) If you are not a Buff user on PC, download from the Appstore or play store the BUFF Application for mobile, and register through the app and create your own user. Then follow the same instructions as above

BUFF will not be responsible for technical, hardware or software malfunctions, lost or unavailable network connections, or disconnects, which are under the responsibility of any other third party.

YOUR INFORMATION

By agreeing to these Terms of Use, you hereby undertake that you do not and shall not: (i) sign in to the App by using false or another person’s information or use another person’s Payment Details; (ii) register more than one time; (iii) use Profiles of any other App users; (iv) submit to the App any material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (v) post advertisements or solicitations of business; or (vi) use the BUFF Service for any purpose that is unlawful or otherwise prohibited by these Terms of Use; (vii) login from an unauthorized territory using proxy, VPN or and other services that mask your true geographical location.

You acknowledge and agree that you are solely responsible to provide true and accurate information and that BUFF is not responsible to you or to any third party in connection with incorrect information you may have submitted or used in connection with your use and access to the BUFF Properties. By registering on the App, you represent and warrant that: (i) You specifically authorize BUFF to collect and process information in accordance with the terms of the Terms of Use; (ii) the information provided (to the extent provided by you) is accurate and complete and you will update it when it changes; and (iii) you have the full right and authority to submit the information you provided or otherwise made available to the BUFF Properties, without any infringement of, or conflict with, the rights of any third party. If you are using the App and/or the BUFF Service on behalf of a company, entity, or organization (the “Customer”), you represent and warrant that you are an authorized representative of the Customer, having the authority to bind the Customer to these Terms of Use. In the event you are using the App and/or the BUFF Service on behalf of a Customer, all references to “you” or “User” in these Terms of Use shall be construed to mean you, the Customer, and any other individual that uses the App and/or the BUFF Service on behalf of or through authorization from the Customer.

You agree to carefully safeguard and be solely responsible for maintaining the confidentiality of your access credentials to the BUFF Service and for restricting access to any device through which you access the BUFF Service in order to prevent unauthorized access to your Profile therein. You must notify BUFF immediately of any unauthorized use of your Profile or of any other breach of security, and you accept all risks of any unauthorized access to the BUFF Service. BUFF cannot and will not be liable for any loss of data or other damage arising from any failure by you to comply with these Terms of Use, including if someone else accesses your Profile or makes any other unauthorized use of your Profile or performs any other breach of security as a result of unauthorized access to any access credentials held by you.

BUFF reserves the right to authenticate and validate your information through Discord, Gmail and any social networks or other methods and to request any additional information as it may deem required at its sole discretion. BUFF may also, at its sole discretion, refuse the registration of any User.

For more information on what information, we collect and how we treat it please review our BUFF’s Privacy Policy.

LICENSE RESTRICTIONS

Subject to these Terms of Use, you will have a non-exclusive, non-transferable, non-assignable, non-sublicensable, limited, revocable right and license to access and use the BUFF Service in object code form solely for the purposes for which the BUFF Service is provided under these Terms of Use. This license is personal to you and you will not use the BUFF Service for any commercial purpose. The BUFF Service is owned and operated by BUFF and provided to you through the App without transferring ownership or title or any other right in or to the BUFF Service or any underlying technology, software or intellectual property of any kind. The BUFF Service is made available solely for use by you and only according to these Terms of Use. You shall not, nor permit anyone else to, directly or indirectly: (i) copy, modify, adapt, translate into any language, distribute, or create derivative works based on the BUFF Service or the App; (ii) sublicense, sublease, lease, lend, assign, sell, license, distribute, rent, export, re-export, use the BUFF Service or the App for timesharing or grant other rights in the BUFF Service or the App, and any attempt by you to take any such action shall be void; (iii) decompile, disassemble, reverse engineer, or otherwise attempt to reconstruct, identify, or discover any source code, underlying ideas or concepts, underlying user interface techniques, or algorithms of the BUFF Service or the App or any part thereof by any means whatsoever; (iv) remove, obscure or alter any copyright and/or other proprietary notices contained on or in or otherwise connected to the BUFF Service or the App; (v) interfere with or violate other App users’ right to privacy or harvest or collect any personally identifiable information, whether manually or through the use of any robot, spider, crawler or use other manual or automatic device, process or method to access the BUFF Service or the App and retrieve, index and/or data-mine information; (vi) sell, license, or exploit for any commercial purposes any use of or access to the BUFF Service or the App; (vii) use any Prohibited Mods (as defined below); (ix) use during a Game any technique or method other than solely your skill; (x) use the BUFF Service in an illegal way or commit an illegal act in relation to the BUFF Service or the Game or that otherwise results in fines, penalties and other liability to you, BUFF or any other third party, whether imposed by Valve or by any other third party or authority, or otherwise abuse the BUFF Services in any non-legitimate manner; (xi) download or otherwise export or re-export the BUFF Service or the App or underlying information or technology (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Lebanon, Iran, Syria or any other country to which the U.S. and/or Israel has embargoed goods and services; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders; or (xii) create a database by systematically downloading and storing all or any of the content from the BUFF Service or the App. BUFF and/or its licensors owns and shall continue to own all right, title, and interest in and to the Buff Properties, including without limitation any underlying data, software, platforms, algorithms, technology, application design, any information, logos, trade-names and brands, services, texts, files, animation, images, sound, music, videos, various applications, organization, structure, specifications, Suggestions (defined below), application “look and feel” and features and any enhancements, improvements and derivatives thereof and all intellectual property rights thereto (“Buff IPR”). No transfer or grant of any rights by BUFF is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Buff Properties with respect to the Buff IPR or otherwise.

You are solely responsible for obtaining, paying for, repairing and maintaining all the equipment, software, hardware and services required for getting access to and using the Buff Properties. You are solely responsible for any mobile charges when you use the Buff Properties. If you are not sure if such charges apply or what they may be, please ask your provider before using the Buff Properties.

“Prohibited Mods” shall mean any modifications to a Game or your avatar within the Game, including any use of cheats, exploits, mods, bots or any unauthorized software, that give you an unfair advantage over other users, as determined at BUFF’s sole discretion or by any Additional Terms.

All content included on the App, including without limitation any text, graphics, logos, button icons, images, data compilations, and software, and the compilation of all such content, and all modifications, enhancements and derivatives thereof and all intellectual property rights thereto is the sole and exclusive property of BUFF or its licensors and protected by international copyright laws.

By registering to the BUFF Service and creating your Profile, you hereby grant to BUFF a non-exclusive, royalty-free, sub-licensable through multiple levels of sub-licensees, worldwide license to use information concerning your use and access to the BUFF Services for the purpose for which the BUFF Service is intended and as further set out in the BUFF Privacy Policy.

To the extent you provide any ideas, inventions, materials, suggestions, comments or feedbacks to BUFF (“Suggestions”), BUFF shall: (i) own all right, title and interest in and to the Suggestions without any restriction; (ii) not be subject to any obligation of confidentiality; and (iii) be entitled to unrestricted use of the Suggestions for any purpose whatsoever, without compensation or credit to you or any other person.

YOUR LIABILITY; INDEMNIFICATION

You shall be solely liable for all of your activity in connection with the BUFF Service or App.

You agree to defend, indemnify and hold BUFF and anyone on its behalf, including but not limited to, all of its owners, managers, officers, affiliates, employees, licensors and suppliers harmless against any losses, expenses, costs, claims, damages (including attorneys’ fees, expert fees’ and other costs of litigation) arising from, incurred as a result of, or in any manner related to: (i) any use of your account and/or your use of the Buff Properties; (ii) any third party claim in respect of your use of the Buff Properties; (iii) any breach of the Terms of Use.

USER REPRESENTATIONS AND WARRANTIES

You represent and warrant to BUFF that: (a) you have, and will have at all times, all rights, licenses and consents required for your use of the Buff Properties; (b) you and your use of the Buff Properties will comply with all applicable laws; (c) you are not located in or a national or resident of any of the countries or entities referred to in the restrictions on use above and/or any country or entity that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and are not listed on any U.S. Government list of prohibited or restricted parties.

COMMERCIAL USE AND FEES

BUFF reserves the right to change its pricing policy or business model at any time, prior notice of which will be posted on the App. By continuing to use the Buff Properties following such modifications, you agree to be bound by such modifications.

PAYMENTS

Some Services are provided free of charge. In some cases, we allow Members to pay for specific items and or services. When a Member confirms the payment transaction, we will automatically charge him/her the applicable payment based on his desired method, either a one-time payment or a recurring subscription payment every month. The subscription months will be calculated from the date of payment. In case of a subscription payment the Member may cancel the subscription at any time, such that s/he will continue to receive the benefits in connection with the subscription until the end of that month and his/her subscription will end at the end of that month. We reserve the right to modify, terminate or otherwise amend our offered payment plans at any time in accordance with these Terms. We may change the price for the offered items and services, including recurring subscription fees from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the subscription prior to the price change going into effect.

BUFF currently accepts payments through PayPal and Credit Cards, but may add or change payment methods in its sole discretion. You must respect the terms and conditions of any payment methods you use. We reserve the right to cancel any Services ordered if full payment is not timely received. We reserve the right to cancel any transaction that we have reason to believe to have been fraudulently made, including by unauthorized use of a credit card, debit card, or other payment method.

Refund/Cancellation: If you want to cancel an order then please contact us as soon as possible, https://www.buff.game/contact-us.  If your order has not been processed yet, we may be able to cancel your purchase and you will get a refund.

You are solely responsible for any taxes, charges and levies on amounts you may pay or obtain through the Services.

POINTS REDEMPTION

BUFF Users can redeem the BUFF Points they have accumulated whenever they need to. To request a complete redemption from your account (if and as applicable), click on “Marketplace” in your account. Please consider that it may take up to 14 business days to process some of your redemption request. Feel free to contact our customer support specialist if you have any questions at https://www.buff.game/contact-us or through the App or Discord channel. Please note that the points cannot be withdrawn as cash in any way and there is no way to transfer good between users.

BUFF may void any and all Points you have accumulated in your account in the event BUFF determines that you have failed to comply with these Terms.

The value of Buff points may change from time to time at BUFF’s sole discretion.

MARKETING MATERIALS AND CONTENT

By using the Services, you acknowledge and agree that from time to time, certain ads, commercial content, notifications, and/or promotions (“Marketing Content”) may be presented to you through the App. Buff may at its discretion award Buff Points or any other benefit for exposure to certain Marketing Content. Additionally, Buff may designate at its discretion that certain Marketing Content may be opted-out of by Users and thereby such Users shall not receive or be presented with such Marketing Content. To the extent that you opt-out of any such Marketing Content, you hereby acknowledge and agree that Buff Points or such other benefits or rewards associated with such Marketing Content, shall not be available or offered to you, and you hereby waive any right, claim, or demand with respect thereto. 

COMMUNITY CHALLENGES

Buff may host community challenges from time to time. Participating users will have a chance to win different prizes. These challenges may be hosted in different formats, including but not limited to Community Showdown, a leaderboard-type challenge in which the top pre-decided number of players win the challenge prize. These challenges may be hosted in different regions, as announced per challenge. Users outside the participating regions will be prohibited from participating. The run dates of each challenge will be published separately. Buff reserves the right to terminate the campaign at any time at its sole discretion without any notice. Prizes and rewards will differ between each challenge. Users may be required to provide a valid shipping address within the region participating in the contest in order to receive physical prizes. The rewards of each challenge may be changed by Buff, in their sole discretion and without prior notice. Buff may disqualify any winner that does not, in its sole discretion, satisfy the foregoing requirements. Additionally, Buff has the right to exclude and disqualify any accounts which are suspected of fraud or any manipulation. Buff shall have no obligation to justify or explain the disqualification of any user. Games will also differ between each challenge and will be announced separately. Some challenges may include several games. Some game modes (within the participating games) may be prohibited (announced per challenge). Only eligible game modes can participate. Media Share- You may be given an option to share highlights from your gameplay to social media (mainly Twitter). Subject to the foregoing, by sharing any content related to such programs, participants grant Buff, and relevant challenge associates and their agents a worldwide, exclusive, royalty-free, perpetual and irrevocable license to copy, modify, create derivative works, publish, display, broadcast, rebroadcast, and distribute such content for any purpose, including but not limited to their name and likeness. Buff shall not be liable for any delay in performing or partial or total failure to perform any of its obligations to the participants under the challenge rules if such delay or failure is caused by circumstances beyond its reasonable control including without limitation delays, changes, disruptions, cancellations, diversions or substitutions however caused, including without limitation, as a result of war, terrorist action, strikes, hostilities, civil commotions, accidents, fire, flood or natural catastrophes. Buff may amend the Official Challenge Rules at any time in its sole discretion by posting an amended version thereof.

WARRANTY DISCLAIMER

The App is provided on an “as is”, “with all faults” and “as available” basis and BUFF, its subsidiaries or affiliates, including their officers, directors, shareholders, agents, consultants, employees, affiliates and licensors, disclaim to the fullest extent permitted by law any warranties of any kind, either express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose or non-infringement. BUFF makes no representations or warranties: (i) that the BUFF Service and the App are or will be secure, timely, accurate, complete, uninterrupted, without errors or free of viruses or other harmful components; (ii) that the results of using the BUFF Service will meet your requirements or expectations and specifically, that the use of the BUFF Service will result in your succeeding to accomplish any Game and subsequently receiving any gifts; (iii) as to your legal right to use the BUFF Service while participating in any Game, or (iv) that any points, benefits, and entitlements will have any value to you or function in any anticipated manner. The foregoing disclaimer shall not apply to the extent prohibited by applicable law.

BUFF shall not be liable for any security breaches which may occur in connection with the App or BUFF service. Without limitation of the foregoing, BUFF shall not be liable for the actions of hackers and other unauthorized third parties that may breach our security procedures.

We cannot guarantee that the BUFF service will be fault-free, and if a fault occurs in the BUFF service, please report it to https://www.buff.game/contact-us and we will attempt to correct the fault as soon as we reasonably can.

LIMITATION OF LIABILITY

TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL BUFF AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL INCLUDING WITHOUT LIMITATION ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERUPTION, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO THESE TERMS OF USE, OR RELIANCE ON ANY OF THE BUFF IPR OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY BUFF. IN ANY EVENT, BUFF AND ITS AFFILIATES’ TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED $50 US DOLLARS.

In the event that applicable law limits the above limitations or exclusions of our liability, the maximum amount of limitations allowed under applicable law shall be applied. All disclaimers, limitations of warranties and damages herein or otherwise existing at law (i) are of the essence of these Terms of Use, and (ii) survive any termination, expiration or rescission of these Terms of Use.

THIRD PARTY CONTENT

The Buff Properties include resources and content provided by third parties and may include links to third party services and resources or enable you to receive services directly from third parties (collectively, “Third Party Content“). Buff is not and shall not be liable or responsible for any Third Party Content and does not control its availability. Should you leave the Buff Properties via a link or use Third Party Content, you do so at your own risk. In as much as you are redirected to linked sites, applications and content, Buff recommends you to carefully read and abide by the terms of use and privacy policies of such applications, sites and content.

OTHER
In return for some of the free features of Buff, you may choose to be a peer on the Bright Data network. Buff installs Bright Data components (no execution). You will be able to view the details in full before you accept this offer, as well as being able to turn Bright Data on and off directly from the ‘App Settings’. By doing so, you agree to have read and accepted the Terms of Service of the Bright SDK SLA: https://brightdata.com/legal/sdk-sla.

COMPLAINTS

BUFF carefully treats the information you provide to us according to the disclosure of information provided during the registration process and Privacy Policy. Also, note that BUFF maintains effective and transparent procedures for reasonable prompt complaint handling, and we keep records of complaints and measures taken for complaint resolution. The purpose of this procedure is to ensure fair and consistent dealing with client complaints whilst striving to provide the highest level of customer service.

Arbitration, Class Waiver, and Jury Waiver

Applicability of Arbitration Agreement. All claims and disputes arising out of or relating to these Terms of Use or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis (“Disputes“), except that you and BUFF are not required to arbitrate any dispute for enforcement or infringement of either party’s Intellectual Property Rights (“Excluded Disputes“). Any and all Disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes.

Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA“). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms of Use. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator. Any Disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For Disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.

Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and BUFF. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms of Use. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and BUFF.

Waiver of Jury Trial. YOU AND BUFF WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, OTHER THAN IN RESPECT OF EXCLUDED DISPUTES. You and BUFF are instead electing to have claims and disputes resolved by arbitration. In any litigation between you and BUFF over whether to vacate or enforce an arbitration award, YOU AND BUFF WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in below.

Confidentiality. No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.

Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor BUFF can force the other to arbitrate. To opt out, you must notify BUFF in writing no later than thirty (30) days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your BUFF username and the email address you used to set up your BUFF account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to this address: [email protected]

Small Claims Court. Notwithstanding the foregoing, either you or BUFF may bring an individual action in small claims court.

Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with BUFF.

Venue for Excluded Disputes. Excluded Disputes shall be governed by and construed in accordance with the laws of Israel, without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the courts of Tel Aviv-Jaffa in respect of Excluded Disputes and hereby submit themselves to the jurisdiction of these courts.

U.N. Convention. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded, whether the claim is in arbitration or at court.

JURISDICTIONS

Without limiting the foregoing provisions, you understand that laws regarding contracts vary throughout the world, and it is your sole responsibility to make sure you properly comply with any law, regulation or guideline in your country of residence regarding the use of the App or BUFF Service. To avoid any doubt, the ability to access our App does not necessarily mean that our BUFF Services and/or your activities through the App are legal under the laws, regulations or directives relevant to your country of residence. Internet video Gaming may be illegal in the jurisdiction in which you are located; if so, you are not authorized to use BUFF Service, including in the event that use of Buff and its functionality is not legal in the territory in which you are located. BUFF shall not be responsible for any damages you may incur in breach of the foregoing. BUFF may block and/or limit some or all functionalities to certain jurisdictions from time to time at its sole discretion to comply with regulations.

TERMINATION AND/OR SUSPENSION OF YOUR PROFILE; INACTIVE ACCOUNT

You agree and acknowledge that BUFF may suspend or terminate your access to the BUFF Service at any time, with or without cause, subject to you being able to redeem your BUFF points (if any), in case of termination by us without cause. In case of termination for cause or Inactive Account (as defined below), we reserve the right to forfeit your BUFF Points (if any). Without limiting the generality of the foregoing, BUFF may terminate your use of the BUFF Service and/or suspend your Profile if BUFF believes, at its sole discretion, that one (or more) of the following events have occurred: (i) there is a threat to the security or the integrity of your Profile, our network or our servers; (ii) you have violated these Terms of Use and/or Additional Terms; (iii) we are required to do so by any competent authority and/or by law. Upon termination, you may no longer access (or attempt to access) the BUFF Service. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability. Except for the redeeming of won BUFF Points, in case of termination by us without cause, you will not be entitled to any remedy for discontinuing the BUFF Services, all subject to our redeeming policy and applicable laws and regulations.

If there is no activity in your account for more than 90 days (“Inactive Account”), Buff reserves the right to delete or terminate your account. Buff will provide you with reasonable notice before deletion or termination of the Inactive Account, by email (to the email address available in your account) and/or on the Website (“Inactive Account Notice”). To keep using your account and avoid such deletion or termination, you may submit Buff a request within seven (7) days from the delivery of the Inactive Account Notice at: [email protected] .

You understand and agree that following the deletion or termination of the Inactive Account, you will no longer have access to the account, and that any items, data and/or content therein, including, without limitation, Buff Points, will be lost and no longer be available to you. Buff will not grant any refund, compensation, or any other reimbursement in relation to the terminated Inactive Account, including, without limitation, any Buff Points therein.

You may terminate your use of the BUFF Service at any time by sending an email through https://www.buff.game/contact-us , following which BUFF will deactivate your Profile. Upon the deactivation of your Profile BUFF shall delete all your information from our systems, except for certain information required for archival purposes as further detailed in our Privacy Policy https://www.buff.game/buff-privacy-policy/.

In addition, BUFF reserves the right, at its sole discretion, to cancel or suspend the result of any Contest and any won BUFF Points, should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Game.

MISCELLANEOUS

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. BUFF shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond BUFF’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any term of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sub-licensable by you and the use of the BUFF Service is personal and you may not authorize others to access your Profile. BUFF may transfer, assign or delegate these Terms of Use and its rights and obligations hereunder without consent and/or notice. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms between you and BUFF. These Terms of Use are the entire agreement between you and BUFF regarding the subject matter herein. ANY CAUSE OF ACTION INITIATED BY YOU AND ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND YOU SHALL BE DEEMED TO WAIVE ANY CLAIM YOU MAY HAVE IN RESPECT THEREOF.

Last updated on February 11, 2024