Chess Arena Partnership Program Terms

Last Modified: June 10, 2026

1. Acceptance of these Terms

These Chess Arena Partnership Program Terms (these “Terms”) are entered into by and between you (“you” or “Creator”) and Millions of Monsters, Inc. (“Company”, “we”, or “us”). The Terms, together with the documents and policies they expressly incorporate by reference (collectively, the “Agreement”), govern your participation in the Chess Arena Partnership Program (the “Program” or “CAPP”), an application-based creator partnership program operated by the Company in connection with its videogame Chess Arena (the “Game”) and the website at chessarena.gg (the “Website”). The Chess Arena Terms of Service applicable to all players of the Game located at https://chessarena.gg/terms (the “Player TOS”) are incorporated by reference.

The Program is offered only to individuals who are at least 18 years of age, who can lawfully receive payments via PayPal, and who satisfy the eligibility criteria described under “Eligibility and Application” below. By applying to or participating in the Program, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all eligibility requirements. The Program is offered globally, except that we reserve the right, in our sole discretion, to exclude, suspend, or refuse payment to participants in any jurisdiction where the Program or any Program payment would be unlawful or impractical due to sanctions, tax, age, advertising, or other legal or compliance requirements. Submitting an application does not guarantee acceptance into the Program, and we may accept or reject any application in our sole discretion.

2. Definitions

In addition to the terms defined elsewhere in these Terms, the following terms have the following meanings:

“Attribution Period” means the period of twelve (12) months beginning on the date a Referred Player first registers for the Game using your Creator Code, provided that such beginning date occurs during the Referral Period. For Referred Players that register for the Game using your Creator Code after the expiration of the Referral Period, no attributable Attribution Period shall be deemed to exist.

“Creator Code” means the unique referral code or link the Company makes available to you to track Referred Players.

“Endorsement Guides” means the U.S. Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, as in effect from time to time.

“Incentivized Activity” means any install, login, gameplay, purchase, or other action by a player that is obtained through the offer or payment of consideration, including cash, virtual currency or rewards in another game or service, points, gift cards, sweepstakes entries, or any other thing of value, to the player or any person acting on the player's behalf in exchange for the action. Incentivized Activity does not include (a) Program Payments paid by the Company to you under these Terms, or (b) Community Rewards and other promotions expressly authorized by the Company under “Community Giveaways and Promotions” below.

“Net Revenue” means gross revenue actually received by the Company from a Referred Player for in-Game purchases, less the following deductions:

(a) applicable platform, payment-processing, and distribution fees (including, where applicable, fees charged by Apple, Google, Steam, or other storefronts)
(b) applicable taxes (including sales, use, value-added, and similar transaction-based taxes)
(c) refunds, chargebacks, and reversals
(d) any direct third-party costs reasonably allocable
(e) bona fide returns actually made by customers for applicable transactions
(f) markdowns and allowances actually given to customers for applicable transactions.

The Company shall not deduct general overhead, internal salaries, or marketing costs in calculating Net Revenue. Net Revenue is calculated by the Company, and the Company’s determination is final.

“Official Rules” means any official rules the Company publishes for a specific giveaway, contest, sweepstakes, or other promotion conducted in connection with the Program.

“Program Payment” means any amount payable to you under these Terms, including per-player payments and revenue share described under “Program Payments” below.

“Referral Period” means the period beginning upon the date the Company notifies a specific Creator that they have been accepted into the Program and issues them their specific Creator Code and ending upon August 17, 2026, or such earlier or later time as determined by the Company and provided in a written notice to Creator.

“Referred Player” means a natural person who is a new, unique, and genuine player of the Game, who installs and registers for the Game using your valid Creator Code, who is validly tracked and attributed to you in accordance with these Terms, and who is not excluded under the anti-fraud and eligibility provisions of these Terms.

3. Eligibility and Application

To be eligible for the Program, you must, at the time of application and continuously throughout your participation:

(a) be at least 18 years of age
(b) be an active streamer on the Twitch platform and have an average of at least 25 but no more than 500 concurrent viewers
(c) be able to receive payments via PayPal
(d) comply with the Player TOS and the rules of all applicable streaming and game platforms
(e) accept these Terms.

We may modify eligibility criteria at any time in our sole discretion.

Submitting an application does not guarantee acceptance into the Program. We may accept, reject, waitlist, or revoke any application or participant in our sole discretion and for any or no reason. Acceptance is effective only when we notify you and issue your Creator Code. Participation is personal to you and may not be assigned or transferred.

4. Creator Code and Referral Tracking

Upon acceptance, we will issue you a Creator Code. The Creator Code helps us track eligible Referred Players attributed to you, subject to our tracking, attribution, and anti-fraud rules. We do not guarantee that the Creator Code will track every player you attempt to refer; tracking may be affected by technical limitations, platform restrictions, player behavior, privacy settings, and other factors outside our control.

You may use the Creator Code only as expressly permitted by us and only in connection with your own genuine promotional activity. You must not:

(a) sell, transfer, sublicense, or share your Creator Code
(b) use paid search advertising to capture, redirect, or generate traffic using Company trademarks, Game names, Creator Codes, or similar terms unless expressly authorized by the Company
(c) use it in spam, misleading, or unsolicited communications.

Attribution of a Referred Player to you is determined by us using our tracking systems, and our determination of attribution is final.

We reserve the right, with or without notice to you, to modify, suspend, reissue, or deactivate any Creator Code at any time in our sole discretion.

5. Program Payments

Subject to your compliance with these Terms, including but not limited to the anti-fraud and eligibility provisions, and subject to the Company’s verification, we will pay you the following amounts with respect to your validly attributed Referred Players during the applicable period:

(a) USD $2.00 for each Referred Player who plays at least one (1) game of the Game
(b) an additional USD $5.00 for each Referred Player who logs in to the Game on seven (7) separate days
(c) twenty percent (20%) of the Net Revenue received by the Company from each Referred Player who registers for the Game using an applicable Creator Code during the Referral Period, during that Referred Player’s Attribution Period.

All amounts payable under these Terms are stated in United States dollars (USD).

Each Referred Player may qualify for each of the per-player payments described above only once. The per-player payments in clauses (a) and (b) apply only to Referred Players performing the requisite actions during the Referral Period; they do not create any perpetual or ongoing right to payment, and the Company may discontinue or modify the per-player payments at any time. The revenue-share payment in clause (c) applies only during each Referred Player’s Attribution Period provided that such Referred Player registers for the Game using the applicable Creator Code during the Referral Period.

Program Payments are calculated and paid monthly via PayPal, in arrears, for amounts validated as of the end of the applicable calendar month, paid within thirty (30) days after month-end. We will not make any payment for a given month unless your validated, payable balance for that month is at least USD $100.00 (the “Minimum Payout”); amounts below the Minimum Payout will roll over to the following month and become payable when the cumulative balance meets the Minimum Payout. Your total Program Payments may not exceed USD $1,000.00 per calendar month (the “Monthly Cap”). No Program Payments will accrue, become payable, or be owed to you for any calendar month in excess of the Monthly Cap, even if the amount that would otherwise be payable based on Referred Player activity or Net Revenue exceeds the Monthly Cap. If your Program Payments would exceed the Monthly Cap, we may discuss a separate, individually negotiated arrangement, but we are not obligated to pay, accrue, carry forward, or otherwise credit any amount above the Monthly Cap.

All Program Payments are calculated based solely on the Company’s records and determinations, which are final and binding. We may withhold, adjust, offset, or reverse any Program Payment to correct errors, account for refunds, chargebacks, or reversals, or address suspected fraud or breach of these Terms.

6. Anti-Fraud; Clawback of Payments

You must not engage in, encourage, or facilitate any fraudulent, deceptive, manipulative, or abusive activity in connection with the Program. Prohibited activity includes, without limitation: creating, using, or directing fake, duplicate, bot, automated, or non-genuine accounts or installs, or engaging in or directing Incentivized Activity; self-referral or referring members of your own household or persons acting on your behalf; using bots, scripts, click farms, or automated means to generate installs, logins, gameplay, or purchases; misrepresenting the Game, the Program, or your relationship with us; circumventing or manipulating tracking, attribution, or anti-fraud systems; and any activity that violates the Player TOS, platform rules, or applicable law.

We may, in our sole discretion and without prior notice, decline to count any Referred Player, withhold or deny any Program Payment, reverse or claw back any Program Payment already made (including by offset against future payments), and suspend or terminate your participation, if we determine or reasonably suspect that any activity violates this Section, that a Referred Player is not genuine, unique, or otherwise valid under these Terms, or that any installs, logins, gameplay, or purchases are invalid or fraudulent or constitute Incentivized Activity. You agree to repay on demand any Program Payment determined to have been paid in error or in connection with prohibited activity.

7. Disclosure Obligations and Creator Conduct

You must comply with the Endorsement Guides and all other applicable advertising and consumer-protection laws. Without limiting the foregoing, you must clearly and conspicuously disclose your material connection to the Company in connection with any Program-related content, including that you may receive compensation from the Company. You must make only factual, substantiated statements about the Game, reflect your honest opinions and experiences, and follow any Company social media endorsement policy and brand guidelines we provide.

In connection with the Program, you must not: make false, deceptive, or unsubstantiated claims about the Game; disparage the Company or its products; create fake followers or engagement, including by buying followers or using bots; post content that is unlawful, defamatory, obscene, hateful, harassing, or that promotes discrimination or violence; infringe any third party’s intellectual property or other rights; use any person under 18 in Program-related content; or create Program-related content that is directed primarily to children or fails to comply with child-directed advertising, privacy, or platform-specific youth-content rules. You must comply with the rules of all platforms on which you post and with any additional brand or content guidelines we provide.

8. Community Giveaways and Promotions

From time to time, the Company may make available to you giveaway codes, in-Game items, gifted subscriptions, prizes, or other rewards for distribution to your community (collectively, “Community Rewards”), and may run events in which Creators or their communities can win out-of-Game prizes. All Community Rewards and events are administered, and all winners are determined, by the Company in its sole discretion, and are subject to the applicable Official Rules. Order of precedence among these Terms, the Player TOS, and any Official Rules is set out under “Order of Precedence” below.

You must distribute and promote any Community Rewards only as the Company directs and in compliance with the Official Rules, the rules of all applicable platforms, the Endorsement Guides, and all applicable laws, including laws governing contests, sweepstakes, and promotions. You must not condition entry on consideration where prohibited, misrepresent any promotion, or run any promotion involving the Game or the Company without the Company’s prior authorization. The Company may modify, suspend, or cancel any Community Reward or event at any time in its sole discretion.

9. Brand and Intellectual Property Use

Subject to your compliance with these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license, during your participation in the Program, to use the Company’s names, logos, and Game assets that we expressly make available to you, solely to promote the Game in accordance with our brand guidelines. All goodwill arising from your use inures to the Company. We may revoke this license at any time. You retain ownership of the original content you create, and you grant the Company a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, display, perform, distribute, create derivative works, and repost your Program-related content for the Company’s marketing and promotional purposes and to identify you on its official list of creators.

10. Taxes

You are an independent contractor with respect to the Program and the Company. You are solely responsible for all taxes on Program Payments, and the Company will not withhold taxes except as required by law. As a condition to receiving any Program Payment, you must provide tax documentation the Company reasonably requires; failure to provide the requested tax documentation may result in delay, denial, forfeiture, or cancellation of any and all Program Payments. The Company may report Program Payments to tax authorities as required by law. The Company may withhold from any Program Payment, including through backup withholding, as required by law.

11. Suspension and Termination

The Company may suspend or terminate your participation in the Program, deactivate your Creator Code, and withhold or deny unpaid Program Payments at any time, in its sole discretion and for any or no reason, including for any actual or suspected violation of these Terms. You may withdraw from the Program at any time. Upon termination or withdrawal, your right to use the Creator Code and any Company brand assets ends immediately, and you will have no right to any further Program Payments based on Referred Player activity, Net Revenue, or other events occurring after the effective date of termination or withdrawal. For clarity, termination or withdrawal ends any ongoing entitlement to Program Payments, including with respect to Referred Players referred, tracked, or attributed before termination or withdrawal. You will be entitled only to Program Payments, if any, that the Company has sent you before the effective date of termination or withdrawal and that are not subject to withholding, denial, offset, reversal, or clawback under these Terms.

The provisions of these Terms that by their nature should survive termination — including the provisions titled “Disclaimer of Warranties,” “Limitation on Liability,” “Indemnification,” “Governing Law and Jurisdiction,” “Arbitration,” “Limitation on Time to File Claims,” “Anti-Fraud; Clawback of Payments,” “Taxes,” “Intellectual Property Rights,” “Prohibited Uses,” and “Order of Precedence,” and the Program Payments provision with respect to payment disputes, adjustments, offsets, reversals, and clawbacks — survive any termination of these Terms.

12. Changes to these Terms

The Company may revise and update these Terms from time to time in its sole discretion. All changes are effective when the Company posts the revised Terms or otherwise notifies you. The Company will use reasonable efforts to notify active Creators of material changes by email or in-Program notice.

Without limiting the foregoing, the Company may modify, reduce, suspend, or discontinue any Program Payment rates, payout mechanics, attribution rules, Attribution Period, Monthly Cap, Minimum Payout, eligibility criteria, validation rules, or other Program terms at any time, including with respect to Referred Players who were referred, tracked, or attributed before the effective date of the change. No Creator has any vested, accrued, or continuing right to any Program Payment except to the extent the Company has sent Program Payments to such Creator, if any, before the effective date of the applicable change and that are not subject to withholding, denial, offset, reversal, or clawback under these Terms.

Your continued participation in the Program following the posting of revised Terms or other notice of changes means that you accept and agree to the changes. If you do not agree to the revised Terms, your sole remedy is to stop participating in the Program.

You are expected to review the current Terms periodically so you are aware of any changes, as they are binding on you.

13. Accessing the Program and Account Security

We reserve the right to withdraw or amend the Program in our sole discretion without notice. We will not be liable if for any reason all or any part of the Program is unavailable at any time or for any period. From time to time, we may suspend or terminate your access to some parts of the Program or the entire Program.

You are responsible for making all arrangements necessary for you to have access to the Program.

To access the Program, you may be asked to provide certain registration details or other information. It is a condition of your access to the Program that all the information you provide on the Program and Website is correct, current, and complete. You agree that all information you provide to register with the Program or otherwise, including, but not limited to, through the use of the Website, is governed by our “Privacy Policy” located at https://chessarena.gg/privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to your account information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

14. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Except for the limited brand and asset license expressly granted to you under “Brand and Intellectual Property Use” above, these Terms do not grant you any right to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Company’s material, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own reference in connection with the Program and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device for your own use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

Modify copies of any materials from the Website or Program.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

Except as expressly permitted under these Terms, you must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

15. Prohibited Uses

You may use the Program or Website only for lawful purposes and in accordance with these Terms. You agree not to use the Program or Website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, screen names, account names, or online aliases associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Game, Program, or Website, or which, as determined by us, may harm the Company or users of the Game, Program, or Website, or expose them to liability.

Additionally, you agree not to:

Use the Program or Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Game, Program, or Website, including their ability to engage in real time activities through the Game, Program, or Website.
Use any robot, spider, or other automatic device, process, or means to access the Program or Website for any purpose, including monitoring or copying any of the material on the Program or Website.
Use any manual process to monitor or copy any of the material on the Program or Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Game, Program, or Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Game, Program, or Website, the server on which the Game, Program, or Website is stored, or any server, computer, or database connected to the Game, Program, or Website.
Attack the Website or Game via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Game, Program, or Website.

16. User Contributions

The Game, Website, or Program may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”).

All User Contributions must comply with the Content Standards set out in these Terms.

Any User Contribution you provide will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other person.

17. Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of others or yourself, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Game, Program, or Website.
Terminate or suspend your access to all or part of the Program or Game for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Game, Program, or Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot and do not undertake to review all material constituting User Contributions and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding User Contributions. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

18. Content Standards

These content standards apply to any and all User Contributions, use of Interactive Services, and participation in the Program. Creators must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Creators must not:

Publish, post, disseminate, or share any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising, except as expressly authorized by the Company in connection with the Program.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

19. Reliance on Information Posted

The information presented on or through the Game, Website, or Program is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed of any of its contents.

This Website and Game may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

20. Geographic Restrictions

The Program is offered globally, except in jurisdictions where the Program or any Program payment would be unlawful or impractical as described under “Eligibility and Application” above. The Company makes no claims that the Website or the Program is accessible or appropriate in all locations. If you access the Website or participate in the Program from any location, you do so on your own initiative and are responsible for compliance with local laws.

21. Disclaimer of Warranties

YOUR USE OF THE WEBSITE, PROGRAM, OR GAME, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE FOREGOING IS AT YOUR OWN RISK. ANY SERVICES OR ITEMS OBTAINED THROUGH THE FOREGOING ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE FOREGOING. NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, PROGRAM, OR GAME, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE FOREGOING WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVERS THAT MAKE THE WEBSITE, PROGRAM, OR GAME AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, PROGRAM, OR GAME OR ANY SERVICES, CONTENT, OR ITEMS OBTAINED THROUGH THE WEBSITE, PROGRAM, OR GAME WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

22. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, PROGRAM, OR GAME, ANY WEBSITES LINKED TO THE FOREGOING, ANY CONTENT ON THE WEBSITE, PROGRAM, OR GAME, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

23. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, Program, or Game, including, but not limited to, your User Contributions, any use of the Company’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Company.

24. Governing Law and Jurisdiction

All matters relating to the Website, the Program, and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms, the Program, or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Austin and County of Travis, although the Company retains the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

25. Arbitration

At the Company’s sole discretion, it may require you to submit any disputes arising from these Terms, the Program, or use of the Game or Website — including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination — to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.

26. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE PROGRAM, OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

27. Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

28. Order of Precedence

These Terms, the Player TOS, and any applicable Official Rules together govern your participation in the Program. If there is any conflict or inconsistency among them, the following order of precedence applies, from highest to lowest, but only to the extent of the conflict:

(a) the applicable Official Rules, solely with respect to the specific giveaway, contest, sweepstakes, or other promotion they govern;

(b) these Terms; and

Except as expressly provided above, these Terms control over the Player TOS with respect to the Program, and over any Official Rules with respect to all matters other than the promotion-specific items those Official Rules are designated to govern.

29. Entire Agreement

These Terms, the Player TOS, any applicable Official Rules, and the Company’s Privacy Policy (available on the Website) constitute the sole and entire agreement between you and the Company regarding the Program and the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Program and the Website.

30. Notices and Contact

This Program is operated by Millions of Monsters, Inc. All feedback, comments, requests for technical support, questions, and other communications relating to the Program should be directed to [email protected]