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END USER LICENSE AGREEMENT

This End User License Agreement (“Agreement” or “Terms”) is a binding agreement between you (“End User” or “you“) and Enhance Experience Inc. (“Enhance“).  This Agreement governs your use of Humanity (including all related documentation, the “Game“).  For future reference, you can find the full text of this EULA at humanity.game (the “Game Website”). You may wish to visit the EULA page on the Game Website from time to time in the event we make changes to these Terms pursuant to Section 11.1 below. The Game is licensed, not sold, to you. BY USING THE GAME, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE GAME.

1. Access and Use of Game

  1. 1 Eligibility. Only persons meeting the following requirements may use the Service:
    1. Persons who have the legal capacity for form a binding contract with Enhance pursuant to the applicable laws of their jurisdiction;
    2. Persons who are the older of 18 years or the legal age to form a binding agreement in their jurisdiction; and
    3. Persons who agree and consent to all of the Terms;
  1. 2 License Grant. Subject to Section 1.1 and all other the terms of this Agreement, Enhance grants you a limited, non-exclusive, non-sublicensable and nontransferable license to download, install, and use the Game for your personal, non-commercial use on a device owned or otherwise controlled by you (“Device“) strictly in accordance with the Game’s documentation.
  1. 3 License Restrictions. The rights granted to you in Section 1.2 are subject to the following restrictions. Licensee shall not:
    1. Copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means the Game, except as expressly permitted by this license;
    2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Game;
    3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Game or any part thereof;
    4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Game, including any copy thereof;
    5. access or use the Game in order to build a similar or competitive product or service; 
    6. rent, license, lease, lend, sell, sublicense, assign, distribute, host, publish, transfer, commercially exploit or otherwise make available the Game, or any features or functionality of the Game, to any third party for any reason, including by making the Game available on a network where it is capable of being accessed by more than one device at any time; or
    7. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Game.

Unless otherwise indicated, any future release, update, patch, DLC, or other addition to functionality of the or other addition to functionality of the Game shall be subject to these Terms. All copyright and other proprietary notices on or within the Game must be retained on all copies thereof.

  1. 4 Free Content. Upon downloading the Game, users will have access to certain features of the Game (“Free Features”). Enhance may add, remove, modify or otherwise change the free features at any time with or without notice to you. 
  1. 5 Account.  
    1. Account Registration and Termination. To access and use certain features, you may be required to create an account with Enhance (“Account”) and provide certain information about yourself as prompted by the account registration form (including but not limited to email address and a unique password). You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you reside in the United States or, if you reside outside the United States, that your use of the Service will comply with applicable law in your jurisdiction. You may delete your Account at any time, for any reason, by following the instructions on the Service. Enhance may suspend or terminate your Account in accordance with Section .
    2. Account Responsibilities. You agree to not share the Account, or any associated passwords, with any other individual. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account, including purchases, whether or not authorized by you. You agree to immediately notify Enhance of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Enhance cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
  1. 6 User-Generated Content
    1. Definition of UGC.  The Game may permit you to send, receive, or otherwise share information, content and other materials (“UGC”) with others. By submitting UGC through the Game, you make the following representations, warranties and agreements:
    2. License to Enhance.  Except for the licenses granted herein, you retain any copyrights that you may hold in any UGC that you make available (whether created solely by you or together with others) for use in connection with the Game.  By entering into this Agreement, you grant Enhance a worldwide, royalty-free, irrevocable, perpetual, nonexclusive, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, display , prepare derivative works of, incorporate into other works, and otherwise use and exploit your UGC, in any form, media, or technology now known or later developed, and to grant sublicenses of the foregoing rights, including for promotional or marketing purposes, without any payment to you.  You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content., You acknowledge that your UGC may be viewed, reproduced, published, and/or modified by Enhance or third parties. You acknowledge that Enhance may delete any UGC from the Game and/or Enhance servers at any time, for any reason, in its sole discretion without notice or liability to you. Enhance reserves the right to not post or publish UGC and is not obligated to store any UGC.
    3. Warranties Regarding UGC.  You are solely responsible for your UGC and you represent and warrant that:
      1. You are at least the older of: (1) 18 years old or (2) the age of majority in your jurisdiction; 
      2. You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions, to use and to authorize us to exploit the license that you grant to us hereunder; 
      3. You have full unrestricted right , power and authority to upload the UGC and to grant us the rights in the UGC that you grant hereunder; 
      4. Your UGC, and the use of your UGC as contemplated by this Agreement, does not and will not: (1) contain any confidential information or proprietary materials of any third-party that you are prohibited from using or disclosing and no third-party intellectual property is incorporated into the UGC; (2) infringe, violate, or misappropriate 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; (3) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (4) require Enhance to obtain any further licenses from or pay royalties or compensation or other amounts or provide any attribution to any third parties; (5) result in a breach of contract between you and a third party; or (6) cause us to violate any law or regulation; 
      5. You agree that you are solely responsible for, and you assume all risks associated with your UGC including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your UGC that personally identifies you or any third party; 
      6. You consent to our use of your personal information as outlined in the Privacy Policy; 
      7. To the extent that you submit information that personally identifies or is otherwise of or about a third party (“Third Party Information“) through the Game, you represent that all such Third-Party Information is of persons who are at least 18 years of age, and that you have validly obtained all consents and provided all notices required by applicable law for the submission, disclosure and use by us of the Third Party Information; 
      8. All information or material that you submit through the Game is true, accurate and complete, and you will maintain and update such information and materials as needed such that it remains true, accurate and complete; and 
      9. You hereby represent and warrant that your UGC does not violate our Acceptable Use Policy (defined in Section 1.7.
    4. Disclaimer of Warranties by Enhance.  Enhance assumes no responsibility for any UGC made available by you or any third party in connection with the Game. Enhance is not responsible for any loss of or damage to any UGC, nor is Enhance liable for any incorrect, defamatory, libelous, false, obscene, or offensive content you may encounter in connection with UGC.  UGC is the sole responsibility of the user that made it available in connection with the Game.
    5. Monitoring of UGC.
      1. Enhance may scan, access, use, monitor, disclose, or preserve information associated with your use of the Game (including, without limitation, UGC) as is necessary, in Enhance’s discretion, (a) to comply with applicable law or to respond to legal process from competent authorities; (b) to enforce this Agreement or protect the rights of Enhance, its customers, or the public; (c) to help prevent a loss of life or serious physical injury to anyone; (d) to prevent potentially illegal or offensive activities; and (e) to provide and improve features of the Game.
      2. Enhance reserves the right but is under no obligation to: monitor, edit or control UGC that you or others provide, and will not be in any way responsible or liable for UGC. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against us with respect to UGC. If notified by a user or content owner that UGC allegedly does not conform to this Agreement, we may investigate the allegation and determine in our sole discretion whether to remove the UGC, which we reserve the right to do at any time and without notice. For clarity, we do not permit copyright-infringing activities on the Game. Please alert us of any inappropriate UGC or other materials you find on the Game.
  1. 7 Acceptable Use Policy. 
    1. You agree not to use the Game to submit, store, collect, upload, post, transmit, display, offer for sale or distribute any UGC (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 (v) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
    2. In addition, you agree not to: (i) upload, transmit, or distribute to or through the Game, any computer viruses, worms, malware, malicious code, or any other similar harmful materials or software that could damage or alter a computer system or data; (ii) send through the Game unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Game in connection with any deceptive or illegal activities including without limitation “spoofing”, “phishing” or pyramid or similar schemes); (iv) use the Game to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (v) interfere with, disrupt, or create an undue burden on servers or networks connected to the Game, or violate the regulations, policies or procedures of such networks; (vi) disable, interfere with or circumvent any of our security or access controls or attempt to gain unauthorized access to the Game (or to other computer systems or networks connected to or used together with the Game) or any user’s data or accounts on the Game, whether through password mining or any other means; (vii) publish or otherwise disseminate benchmark or performance information about the Game without our written consent; (viii) harass or interfere with any other user’s use and enjoyment of the Game or use the Game in connection with the promotion, support or facilitation of hateful, discriminatory or violent activities whether online or offline; (ix) use the Game in any manner that violates applicable data laws, privacy laws or other applicable laws or regulations; (x) access any of the Game through means that we have not authorized (for instance, scraping, crawling or penetration testing or use software or automated agents or scripts to produce multiple accounts on the Game, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Game; and (xi) not to cause, permit or encourage any person to do any of the forgoing.
    3. We reserve the right (but have no obligation) 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 terminating your Account in accordance with Section 11 , and/or reporting you to law enforcement authorities.
  1. 8 Code of Conduct. To help keep the Game friendly and safe for all users, you agree that you and any UGC you provide to Enhance will adhere to Enhance’s Community Code of Conduct, available at https://www.humanity.game/privacy/. 
  1. 9 Collection and Use of Your Personal Information. You acknowledge that when you download, install, or use the Game, Enhance may use automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the Game. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Game or certain of its features or functionality, and the Game may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Game is subject to our Privacy Policy – https://www.humanity.game/privacy/.  By downloading, installing, using, and providing information to or through this Game, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
  1. 10 Updates. Enhance may from time to time in its sole discretion develop and provide Game updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates“). Updates may also modify or delete in their entirety certain features and functionality. You agree that Enhance has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet either: (i) the Game will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available Updates.  You shall promptly download and install all Updates and acknowledge and agree that the Game or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Game and be subject to all terms and conditions of this Agreement. 
  1.  11 Device Requirements. The Game can only be used via certain devices for a list of which are provided on the Enhance website and/or the third-party application marketplaces (“Marketplaces“) where the application can be downloaded. Your Device must also meet the system requirements listed on Enhance’s website and/or the Marketplaces.
  1. 12  No Support or Maintenance. You acknowledge and agree that Enhance will have no obligation to provide you with any support or maintenance in connection with the Service.
  1. 13 Feedback. If you provide Enhance with any feedback or suggestions regarding the Game (“Feedback”), you hereby assign to Enhance all rights in such Feedback and agree that Enhance shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Enhance will treat any Feedback you provide to Enhance as non-confidential and non-proprietary. You agree that you will not submit to  Enhance any information or ideas that you consider to be confidential or proprietary.
  1.  14 User Disputes.  You agree that you are solely responsible for your interactions with any other user in connection with the Game and Enhance will have no liability or responsibility with respect thereto.  Enhance reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Game.

2. Proprietary Rights

  1. 1 Reservation of Rights. You acknowledge and agree that the Game is provided under license, and not sold, to you. You do not acquire any ownership interest in the Game under this Agreement, or any other rights thereto other than to use the Game in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Enhance and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Game, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. There are no implied licenses granted under these Terms.
  1. 2 Third Party Materials.  The Game may display, include, or make available third-party content (including data, information, Games, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials“).You acknowledge and agree that the Third-Party Materials are not controlled by Enhance and that Enhance is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Enhance does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you and Enhance does not make any representations or warranties or covenants with respect to the Third-Party Materials. You acknowledge that your access and use of Third-Party Materials is entirely at your own risk and subject to such third parties’ terms and conditions.
  1. 3 Digital Millennium Copyright Act.
    1. DMCA Notice. We respect the intellectual property rights of others and we ask you to do the same. In connection with our Game, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Game who are repeat infringers of intellectual property rights, including copyrights. If you are a copyright owner or an agent of a copyright owner and believe that any content in the Game infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA“) by contacting our Copyright Agent at [email protected]  or 100 Moffett Blvd, Suite B301, Mountain View, CA 94043 USA. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. You must provide the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
        1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
      1. A description of the copyright-protected work or other intellectual property right that you claim has been infringed;
      2. A description of the material that you claim is infringing and where it is located in the Game;
      3. Your address, telephone number, and email address;
      4. A statement by you that you have a good faith belief that the use of those materials is not authorized by the copyright owner, its agent, or the law; and
      5. A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
    2. Counter-Notice. Regarding any content that was removed or disabled, if you believe that your content is not infringing or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice to our Copyright Agent. Your counter-notice must include all the following information:
        1. The material alleged to be infringing, including its location.
        2. A statement by you declaring under penalty of perjury that you have a good-faith belief that the material at issue was either misidentified or mistakenly removed.
        3. Your name, address, email address, physical address and telephone number.
        4. One of the following two statements:
          1. If you are located within the United States: “I consent to the jurisdiction of the United States federal district court for the judicial district in which my address is located and will accept service of process from the person who provided the notice set forth above or their agent.”
          2. If you are located outside of the United States: “I consent to the jurisdiction of any United States federal district court where AWS is located and will accept service of process from the person who provided the notice set forth above or their agent.”
        5. Your physical or electronic signature.

If your counter-notice does not meet all of the above requirements, it will not be valid. As with DMCA Notices, making false statements in connection with a counter-notice may result in criminal or civil penalties. When our Copyright Agent receives a counter-notice, we may send a copy of the counter-notice to the original complaining party informing that party that we may, in 10 business days, replace the removed content or stop disabling it. Unless the copyright owner files an action seeking a court order against the provider of the content, the removed content may be replaced or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, in our sole discretion.

    1. Repeat Infringer Policy. Enhance’s intellectual property policy is to: (i) remove or disable access to material that Enhance believes in good faith, upon notice from an intellectual property rights owner or his or her agent, is infringing the intellectual property rights of a third party by being made available through the Game; and (ii) in appropriate circumstances, to terminate the accounts of and block access to the Game by any user who repeatedly or egregiously infringes other people’s copyrights or other intellectual property rights.

3. Third Party Distribution Channels

Enhance offers Game applications that may be made available through the Apple App Store, the Google Play Store or other distribution channels (“Distribution Channels”).  If you obtain such a Game application through a Distribution Channel, you may be subject to additional terms of the Distribution Channel.  This Agreement is between you and us only, and not with the Distribution Channel.  To the extent that you utilize any other third-party products and services in connection with your use of our Game application, you agree to comply with all applicable terms of any agreement for such third party products and services.   With respect to the Game application that is made available for your use in connection with an Apple-branded product (such a Game application, “Apple-Enabled Application”), in addition to the other terms and conditions set forth in this Agreement, the following terms and conditions apply:

4. Payment

  1. 1 Payment Authorization.  Certain aspects of the Game may be made available to you for a fee.  When you provide payment information to Enhance or to one of its payment processors, you represent to Enhance that you are the authorized user of the card, PIN, key or account associated with that payment instrument, and you authorize Enhance to charge your credit card or other payment instrument for any funds or other fees (including transaction and credit card fees) incurred by you in connection with the Game. Enhance may require you to provide your address or other information in order to meet its obligations under applicable tax law.  If any purchase is subject to any type of VAT, use or sales tax, then Enhance may also charge you for those taxes, in addition to the any other applicable fees.
  1. 2 Purchase of Digital Items. “Digital Items” means content (including, but not limited to, in-game currency) you purchase or otherwise acquire for use in the Game through the mechanisms we make available.  By purchasing or otherwise acquiring Digital Items, you obtain a limited, non-exclusive license (as set forth herein) to utilize such Digital Items within the Game. Other than this limited license, you have no right or title in or to Digital Items. Digital Items cannot be sold or transferred to a third party (unless a transfer is permitted within the Game) and cannot be exchanged for or converted to cash or legal tender or for any goods or services outside of the Game.  If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you purchase a license to use Virtual Goods from us, you acknowledge and agree that we will begin the provision of the Virtual Goods to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point. For the purposes of this Section, a “purchase” is complete at the time our servers validate your purchase and the applicable Virtual Goods are successfully credited to your account on our servers.
  1. 3 No Refunds.  All purchases made through the Game are final and non-refundable.
  1. 4 Restrictions Regarding Digital Items.  Enhance may manage, regulate, control, modify or eliminate Virtual Goods at any time, with or without notice.  Enhance shall have no liability to you or any third party in the event that Enhance exercises any such rights.  The transfer of Virtual Goods is prohibited except where expressly authorized by Enhance. Other than as expressly authorized within the Game, you shall not sell, redeem or otherwise transfer Virtual Goods to any person or entity, including but not limited to Enhance, another user or any third party.

5. Term and Termination

  1. 1 Term.  The term of Agreement commences when you use the Game and will continue in effect until terminated by you or Enhance as set forth in this Section 5.
  1. 2 Termination by You.  You may terminate this Agreement by deleting the Game and all copies thereof from your Device.
  1. 3 Termination by Enhance.  Enhance may terminate this Agreement at any time without notice if it ceases to support the Game, which Enhance may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. 
  1. 4 Effect of Termination.  Upon termination, all rights granted to you under this Agreement will also terminate; and you must cease all use of the Game and delete all copies of the Game from your Device and account.  Termination will not limit any of Enhance’s rights or remedies at law or in equity. Enhance will not have any liability whatsoever to you for any termination of your rights under these Terms, including for the deletion of your information and content. Even after your rights under these Terms are terminated, the provisions herein which by their nature should survive the termination of this agreement, will survive it, including without limitation: Sections 1.3, 1.6(b), 1.6(c), 1.6(d), 1.7, 1.8, 1.9, 1.10, 1.11, 1.12, 2-4, 5.4, and 6-11. Termination of this Agreement will not limit any of Enhance’s rights or remedies at law or in equity.

6. Indemnification

You agree to indemnify, defend, and hold Enhance (and its officers, employees, directors, affiliates, agents, successors, and assigns) harmless, from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Game, (b) your violation of these Terms, or (c) your violation of applicable laws or regulations. Enhance 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 Enhance. Enhance will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

7. Release

You hereby release and forever discharge the Enhance (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 Game (including any interactions with, or act or omission of, other Game users or any Third-Party Services). 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.”

8. Disclaimer of Warranties

THE GAME IS PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ENHANCE, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE GAME, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, ENHANCE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE GAME WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, GAMES, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ENHANCE OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE GAME OR THE CONTENT AND SERVICES FOR: (A) ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR (B) ANY DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ENHANCE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

10. Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS

  1. 1 Agreement to Arbitrate.  This Dispute Resolution by Binding Arbitration section is referred to in this Agreement as the “Arbitration Agreement.”  You agree that any and all disputes or claims that have arisen or may arise between you and Enhance, whether arising out of or relating to this Agreement (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify.  Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf.  You agree that, by entering into this Agreement, you and Enhance are each waiving the right to a trial by jury or to participate in a class action.  Your rights will be determined by a neutral arbitrator, not a judge or jury.  The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
  1. 2 Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND ENHANCE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.  UNLESS BOTH YOU AND ENHANCE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.  ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.  
  1. 3 Pre-Arbitration Dispute Resolution.  Enhance is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at [email protected].  If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”).  The Notice to Enhance should be sent to 100 Moffett Blvd, Suite B301, Mountain View, CA 94043 USA (“Notice Address”).  The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought.  If Enhance and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Enhance may commence an arbitration proceeding.  During the arbitration, the amount of any settlement offer made by Enhance or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Enhance is entitled.
  1. 4 Arbitration Procedures.  Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement.  For information on the AAA, please visit its website, http://www.adr.org.  Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/ as may be updated from time to time.  If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration.  The arbitrator must also follow the provisions of this Agreement as a court would.  All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement.  Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under this Agreement and applicable law.  Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.Unless Enhance and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances.  If the parties are unable to agree on a location, the determination shall be made by AAA.  If your claim is for $10,000 or less, Enhance agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules.  If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.  Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
  1. 5 Costs of Arbitration.  Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement.  If the value of the relief sought is $75,000 or less, at your request, Enhance will pay all Arbitration Fees.  If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Enhance will pay your portion of such fees.  In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Enhance will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.  Any payment of attorneys’ fees will be governed by the AAA Rules.
  1. 6 Confidentiality.  All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
  1. 7 Severability.  If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified.  If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief.  The remainder of the Agreement will continue to apply.
  1. 8 Future Changes to Arbitration Agreement.  Notwithstanding any provision in this Agreement to the contrary, Enhance agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Enhance written notice within thirty (30) calendar days of the change to the Notice Address provided above.  By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).

11. Miscellaneous

  1. 1 Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting notice of the changes on the Game Website. You are responsible for visiting the Game Website from to time for updates about the Game and these Terms. Our prominent posting of notice of such changes on the Game Website will be considered effective notice of such changes. Any changes to these Terms will be effective thirty (30) calendar days following our posting of notice of the changes on the Game. These changes will be effective immediately for new users of the Game. Continued use of the Game following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. We will maintain an archive of previous versions of these Terms on the Game Website for your reference.
  1. 2 Export Regulation. The Game may be subject to export control laws. You shall not, directly or indirectly, export, re-export, or release the Game to, or make the Game accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Game available outside your jurisdiction or country.
  1. 3 Disclosures. Enhance is located at the Notice Address in Section 10.3. 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.
  1. 4 Electronic Communications. The communications between you and Enhance use electronic means, whether you use the Game or send us emails, or whether Enhance posts notices on the Game or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Enhance in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Enhance provides to you electronically satisfy any legal requirement that such communications would satisfy if they were to be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
  1. 5 Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
  1. 6 Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Game shall be instituted exclusively in the courts of the State of Delaware. Each Party irrevocably consents and submits to the exclusive jurisdiction of these courts and agrees to bring any action, litigation, or proceeding only in the state and federal courts of the State of Delaware. Each party waives any and all objections to the exercise of jurisdiction over them by such courts and to venue in such courts.
  1. 7 Limitation of Time for Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  1. 8 Waiver.  No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
  1. 9 Entire Agreement. This Agreement, our Privacy Policy, our Community Guidelines and any other terms that reference this Agreement constitute the entire agreement between you and Enhance with respect to the Game and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Game.
  1. 10 Copyright/Trademark Information. Copyright © 2024 Enhance Experience Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Game 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 third party which may own the Marks.
  1. 11 Contact Information:
    Enhance Experience Inc.
    100 Moffett Blvd, Suite B301,
    Mountain View,CA 94043 USA
    Email: [email protected]

HUMANITY EULA (Version: May 4, 2023)

COMMUNITY GUIDELINES

Date of Last Revision: June 11, 2021

At Enhance, our mission is to provide an exciting, community oriented, multiplayer, multi-sensory platform experience where users can interact safely. To achieve this goal, we ask that all users participate in such a way that promotes a friendly, positive-experience community.  In addition to any other applicable End User License Agreement or Terms of Service that applies to your use of our website, games or platform (collectively, the “Service”), we have prepared the following guidelines for our community. These apply to all users, user generated content and user activity on our website (located at https://enhance-experience.com/) and Services and may be updated based on the evolution of the Enhance community and our Service.  To protect the integrity of our community, as the provider of the Service, we at Enhance reserve the right to suspend any account at any time for any conduct that we determine to be inappropriate or harmful. Such actions may include: removal of content and/or suspension of account(s). 

Breaking the Law
You must respect all applicable local, national, and international laws while using our Services. Any content or activity featuring, encouraging, offering, or soliciting illegal activity is prohibited.  

Suspension Evasion
All suspensions are binding until expiration or removal upon successful appeal. Any attempt to circumvent an account suspension by using other accounts, identities, or by appearing on another user’s account may also result in an additional enforcement against your accounts, up to an indefinite suspension. 

Self-Destructive Behavior
Any activity that may endanger your life or lead to your physical harm is prohibited. This includes, but is not limited to: suicide threats, intentional physical trauma, illegal use of drugs, illegal or dangerous consumption of alcohol, and dangerous or distracted driving. We do not make exceptions for self-destructive behavior performed as a stunt or gag made in jest, or meant to entertain, when the behavior could reasonably be expected to cause physical injury.

Violence and Threats
Acts and threats of violence will be taken seriously and are considered zero-tolerance violations and all accounts associated with such activities may be indefinitely suspended. This includes, but is not limited to:

Enhance does not allow content that depicts, glorifies, encourages, or supports terrorism, or violent extremist actors or acts. This includes threatening to or encouraging others to commit acts that would result in serious physical harm to groups of people or significant property destruction. You may not display or link terrorist or extremist propaganda, including graphic pictures or footage of terrorist or extremist violence, even for the purposes of denouncing such content.

Hateful Conduct and Harassment
Hateful conduct and harassment are not allowed on Enhance. Hateful conduct is any content or activity that promotes or encourages discrimination, denigration, harassment, or violence based on the following protected characteristics: race, ethnicity, color, caste, national origin, immigration status, religion, sex, gender, gender identity, sexual orientation, disability, serious medical condition, veteran status and political affiliation. Enhance has zero tolerance for hateful conduct, we afford every user equal protections under this policy, regardless of their particular characteristics. Harassment has many manifestations, including stalking, personal attacks, and promotion of physical harm. Sexual harassment, specifically, can take the form of unwelcome sexual advances and solicitations, sexual objectification, or degrading attacks relating to a person’s perceived sexual practices.

Unauthorized Sharing of Private Information and Impersonation
Do not invade the privacy of others. It is prohibited to share content that may reveal private personal information about individuals, or their private property, without permission. This includes but is not limited to:

Content or activity meant to impersonate an individual or organization is also prohibited. 

Spam, Scams, and Other Malicious Conduct
Any content or activity that disrupts, interrupts, harms, or otherwise violates the integrity of Enhance Services or another user’s experience or devices is prohibited. Such activity includes:

Pornography, Other Sexual Content, and Potentially Obscene Content
Depictions of sexually explicit activities or acts, including intercourse, are prohibited.  Content that exclusively focuses on extreme or gratuitous gore and violence are also prohibited.  Content or activities that threaten or promote sexual violence or exploitation are strictly prohibited and may be reported to law enforcement. 

Intellectual Property Rights
You should only share content that you own, or that you otherwise have rights to or are authorized to share on Enhance. If you share content through your Enhance account that you do not own or otherwise do not have the rights to share on Enhance, you may be infringing another person’s intellectual property rights. This includes any third party content included in your content, derivative creations, or performances of others’ copyrighted content. We encourage you to assess your content for adherence to applicable intellectual property laws and the proper application of principles such as fair use, and to secure all appropriate rights needed, before sharing your content on Enhance. Any unauthorized content you share on Enhance may be subject to a takedown by the rights holder(s) to remove the infringing content from Enhance, and is a violation of these Community Guidelines. Multiple violations of our policies may lead to a permanent suspension of your account. Examples of content you should not share on Enhance without permission from the copyright owners or unless otherwise permitted by law include any content, including movies, television shows, images, music or video games, you do not own or have the rights to share.

Off-Service Conduct
Enhance is committed to facilitating inclusive communities, which can only happen if our users feel secure and protected. In order to achieve this goal, Enhance may enforce against severe offenses committed by members of the Enhance community that occur outside of our Services, such as hate group membership, terrorist recruitment, sexual assault, and child grooming. We may investigate reports that include verifiable evidence of these behaviors and, if we are able to confirm, issue enforcements against the relevant users. We may also consider allegations of similarly severe conduct by those wishing to join the Enhance community and, if substantiated, we may terminate the account.