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Date of Last Revision: April 4, 2023

Welcome to Pirate Nation!

Pirate Nation Inc. (“Pirate Nation,” “we,” “us,” or “our”) provides our game (described below) and related content to you through our website(s) located at https://piratenation.game (the “Site”) and through our related technologies (the game and the Site, including any updated or new features, functionality and technology, collectively, the “Service”). All access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service”). By accessing, browsing, or otherwise using the Site or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the “Terms of Service” link on the Site located at https://piratenation.game/terms. We will also notify you of any material changes, either through the Service user interface, a pop-up notice or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.

At Pirate Nation, we respect the privacy of our users. For more information please see our Privacy Policy, located at http://piratenation.game/privacy/ (the “Privacy Policy”). By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein.

What is Pirate Nation?

Our game is a role playing game built on the Ethereum Network. In order to play our game, you need to own a Pirate Nation NFT. The Pirate Nation NFTs are governed by the Pirate Nation NFT terms located at piratenation.game/tos (“Pirate Nation NFT Terms”).

How do I use Pirate Nation?

Your Registration Obligations: You may be required to register with Pirate Nation or provide and verify information about yourself (e.g., name and email address) in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian. Upon becoming a registered user, you may be prompted, or have the ability to, purchase Proof of Play Bucks (a form of in-game credits as explained below) using a credit or debit card or other supported payment methods. We work with one or more payment processors to process your payment to us, and you may be asked to register with the payment processors and be bound by their terms and conditions, and you agree to do so. All amounts you pay to purchase Proof of Play Bucks will become the exclusive property of Pirate Nation. Your Proof of Play Bucks will be made available to you as an “account balance” that can be used to purchase Virtual Items (defined below). The Proof Play Bucks have no cash value and cannot be redeemed for cash, transferred to a third party, or to make purchases from any other person. By making a purchase from Pirate Nation, you represent and warrant that you are at least 18 years of age (or the age of majority in your state) and are authorized to use the payment method you present for the requested transaction.

Member Account, Password and Security: You are solely responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Pirate Nation of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Pirate Nation will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Modifications to Service: Pirate Nation reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Pirate Nation will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage: You acknowledge that Pirate Nation may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Pirate Nation’s or its third-party service providers’ servers on your behalf. You agree that Pirate Nation has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Pirate Nation reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Pirate Nation reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Service Content: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Pirate Nation, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.

Pirate Gold and In-Game Digital Assets

Pirate Gold and In-Game Digital Assets: As part of your use of the Service, you may earn or obtain Pirate Gold, a digital coin that may be used only on the Service, including by completing certain tasks (e.g., a quest or crafting certain goods), and you may exchange your Pirate Gold for in-game abilities, items or other non-fungible digital assets (collectively, “In-Game Digital Assets”) that may be used and traded, subject to these Terms of Service or additional applicable terms. In-Game Digital Assets may also be purchased directly through the Service via fiat or crypto payments. MetaMask and other electronic wallets may allow you to purchase (either directly via Coinbase or via third party sites), store, and engage in transactions using cryptocurrency. Transactions may require the payment of a transaction fee (“Gas Fee”) for every transaction that occurs on the network. You will need to pay a Gas Fee for each transaction that occurs via MetaMask or any other similar third party company that provides an electronic wallet. Pirate Nation neither owns nor controls Metamask, Coinbase or any third party company, product or service that you may access, visit, or use. Pirate Nation will have no access or control over these payments or transactions, or ability to reverse any payments or transactions. Pirate Nation will be not liable for acts or omissions of Metamask, Coinbase, or any other such third parties, nor will Pirate Nation be liable for any damage that you may suffer as a result of your transactions or any other interactions with any such third parties. You may be able to use the Services or other compatible wallet to send and receive any NFT or In-Game Digital Asset with other users of the Service. Pirate Nation does not offer any user the ability to exchange one form of currency for any other form of currency (fiat or digital). In-Game Digital Assets have no cash value. In-Game Digital Assets that you earn for in-game participation and that you do not purchase are provided for loyalty, award, and promotional purposes only.

Pirate Nation cannot ensure that any transaction details a user submits via the Services will be confirmed or processed on the blockchain. You acknowledge and agree that the transaction details submitted by you via the Services may not be completed or may be delayed by the any blockchain used to process the transaction. Pirate Nation does not guarantee that the Services can transfer title or right in any NFT or In-Game Digital Asset, and Pirate Nation makes no warranties of title of any kind. Once transaction details have been submitted to the blockchain, Pirate Nation cannot assist you with canceling or otherwise modify such transaction or details.

Ownership of In-Game Digital Assets is mediated by smart contracts and the blockchain. While you own In-Game Digital Assets, your rights to the artwork or content associated with the In-Game Digital Assets (“In-Game Content”) are licensed to you as set forth below.

Subject to your continued compliance with these Terms of Service, Pirate Nation grants you a worldwide, royalty-free license to use, copy, and display the In-Game Content associated with your In-Game Digital Assets for so long as you own the applicable In-Game Digital Assets, solely for the following purposes: (i) your use of the Service; (ii) as part of a marketplace that permits the purchase and sale of your In-Game Digital Asset, provided that the marketplace cryptographically verifies each In-Game Digital Asset owner’s rights to display the corresponding In-Game Content to ensure that only the actual owner can display such In-Game Content; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your In-Game Digital Assets, provided that the website/application cryptographically verifies each In-Game Digital Asset owner’s rights to display the corresponding In-Game Content, and provided that such In-Game Content is no longer visible once the owner of such In-Game Digital Asset leaves the website/application. If you make your In-Game Digital Assets available to other users hereunder, you acknowledge and accept that such In-Game Digital Assets shall be governed by these Terms of Service.

We may limit, modify, revalue, or make Pirate Gold more or less common, valuable, effective, or functional and may also change, at any time, potential In-Game Digital Assets on the Service or the requirements to earn such In-Game Digital Assets. In-Game Digital Assets may have limited supplies or may be offered for a limited period. We may, in our sole discretion, substitute In-Game Digital Assets with other In-Game Digital Assets of equal or greater value. You agree to comply with all requirements associated with In-Game Digital Assets, including any third party terms that may apply to the redemption, activation, or use of such In-Game Digital Assets. Pirate Gold and In-Game Digital Assets are intended to be redeemed only on the Service. You understand Pirate Gold is not currency, is not intended to substitute for currency, and cannot be used to purchase goods or services from other merchants. You are solely responsible for redeeming any Pirate Gold or In-Game Digital Assets within the time specified in your account or on the Service, and we are not responsible for your inability to use or derive benefit from any Pirate Gold or In-Game Digital Assets. You are solely responsible for paying any applicable taxes related to Pirate Gold or In-Game Digital Assets that you acquire. No credit or reversal of any Pirate Gold or In-Game Digital Assets will be provided once the Pirate Gold or In-Game Digital Assets are redeemed.

Virtual Items: In using our Service you may purchase, through our supported payment method(s), a limited, non-sublicensable, revocable right to use (a) Proof of Play Bucks (or other forms of in-game credits Pirate Nation may issue from time to time) for your use with our Services; (b) virtual in-application items, content or features; and (c) other goods or services provided by Pirate Nation (collectively “Virtual Items ”). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service, and not in any other way. You must be 18 years of age (or the age of majority in your state), or obtain permission from your parent or legal guardian to purchase Virtual Items and provide proof of such consent to us upon our request. Virtual Items have no cash value and are not redeemable for cash. Virtual Items that you do not purchase but may be awarded to you for in-game participation or otherwise, are provided for loyalty, award, or promotional purposes only.

Pirate Nation may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice; however, your Virtual Items may not expire within 5 years from the date of purchase or such longer period as required by applicable law. Pirate Nation shall have no liability to you or any third party in the event that Pirate Nation exercises any such rights.

Pirate Nation may limit, in its sole discretion, the amount of Virtual Items you may purchase in any transaction or in the aggregate. Should there be remaining Proof of Play Bucks in your account after a certain period of inactivity or after your account is closed, we may be required to remit the remaining value to the appropriate state agency. If that occurs, you will be required to contact the relevant state agency in order to claim your funds.

The use or transfer of Virtual Items is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer Virtual Items to any person or entity or attempt any of the aforesaid, including but not limited to Pirate Nation, another user or any third party.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.

The provision of Virtual Items is strictly for your personal, non-commercial use in Pirate Nation games. This is a service provided by Pirate Nation that commences immediately upon acceptance by Pirate Nation of your purchase.

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered by you. Pirate Nation may revise the pricing for the Virtual Items offered through the Service at any time. YOU ACKNOWLEDGE THAT, TO THE EXTENT PERMITTED BY LAW, PIRATE NATION IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

Blockchain Transaction Fees: The delivery and receipt of any In-Game Asset through the Services may be subject to network or transaction fees charged by the blockchain (“Blockchain Transaction Fees”), which are non-refundable. Blockchain Transaction Fees are paid to emit, record, verify, and process a transaction on the blockchain. Any withdrawal or transfer of an In-Game Asset is subject to Blockchain Transaction Fees.

Risk Assumption: You accept and acknowledge each of the following: a) To the extent that you sell your In-Game Digital Assets, please be aware that the prices of such In-Game Digital Assets are extremely volatile and fluctuations in the prices of other tokens and NFTs may impact the price of your In-Game Digital Assets, both positively and negatively. Given the volatility, any In-Game Digital Assets should not be considered an investment. You assume all risks in that connection. b) You assume all risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. c) NFTs, cryptocurrencies and blockchain technology are relatively new and the regulatory landscape is unsettled. New regulations could negatively impact such technologies impacting the value for your In-Game Digital Assets. You understand and accept all risk in that regard. d) You assume all responsibility for any adverse effects of disruptions or other issues impacting any blockchain or its platform. e) In-Game Digital Assets are not considered legal tender, are not issued or backed by any government, and have fewer regulatory protections than traditional currency. Moreover In-Game Digital Assets are not insured against theft or loss by any insurance corporation or any investor protection, including the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation.

Conditions of Access and Use

User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to Pirate Nation, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Service or by emailing or otherwise making available to other users of the Service (collectively, “User Content”). The following are examples of the kinds of content and/or uses that are illegal or prohibited by Pirate Nation. Pirate Nation reserves the right to investigate and take appropriate legal action against anyone who, in Pirate Nation’s sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service to: transmit or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or (vii) in the sole judgment of Pirate Nation, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Pirate Nation or its users to any harm or liability of any type; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; violate any applicable local, state, national, or international law, or any regulations having the force of law; impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18; harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; further or promote any criminal activity or enterprise or provide instructional information about illegal activities; obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service; circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Service, including through the use of virtual private networks; or engage in or use any data mining, scraping, or similar data gathering or extraction methods. If you are blocked by Pirate Nation from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).

Intellectual Property Rights

Trademarks: The Pirate Nation name and logos are trademarks and service marks of Pirate Nation (collectively the “Pirate Nation Trademarks”). Other Pirate Nation, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Pirate Nation. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Pirate Nation Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Pirate Nation Trademarks will inure to our exclusive benefit.

Third-Party Material: Under no circumstances will Pirate Nation be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Pirate Nation does not pre-screen content, but that Pirate Nation and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Pirate Nation and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Pirate Nation, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content: You represent and warrant that you own all right, title and interest in and to such User Content, including all copyrights and rights of publicity contained therein. You hereby grant Pirate Nation and its affiliated companies, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Service and the promotion, advertising or marketing of the foregoing in any form, medium or technology now known or later developed. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content.

You hereby authorize Pirate Nation and its third-party service providers to derive statistical and usage data relating to your use of the Service (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.

Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”), provided by you to Pirate Nation are non-confidential and Pirate Nation will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.

You acknowledge and agree that Pirate Nation may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Pirate Nation, its users, or the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Third-Party Services and Websites

The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Additionally, you may enable or log in to the Service via various online Third-Party Services, such as social media and social networking services like Discord, Facebook, or Twitter. Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy. Pirate Nation has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not Pirate Nation, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. Pirate Nation enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. Pirate Nation will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.

Indemnification

To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Pirate Nation, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Pirate Nation Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another. Pirate Nation will provide notice to you of any such claim, suit, or proceeding. Pirate Nation reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Pirate Nation’s defense of such matter. You may not settle or compromise any claim against the Pirate Nation Parties without Pirate Nation’s written consent.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE PIRATE NATION PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE PIRATE NATION PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PIRATE NATION PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE PIRATE NATION PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE PIRATE NATION PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID PIRATE NATION IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “INDEMNIFICATION”, “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Termination

You agree that Pirate Nation, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if Pirate Nation believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. Pirate Nation may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Pirate Nation may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Pirate Nation will not be liable to you or any third party for any termination of your access to the Service, or revoking any benefits, privileges, earned Virtual Items and/or purchases associated with your Account.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service, and Pirate Nation will have no liability or responsibility with respect thereto. Pirate Nation reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

General

These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and Pirate Nation governing your access and use of the Service, and supersede any prior agreements between you and Pirate Nation with respect to the Service. In the event of any conflict between these Terms of Service and the Pirate Nation NFT Terms in relation to the Service, these Terms of Service will control. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Pirate Nation submit to the personal and exclusive jurisdiction of the state and federal courts located within Palo Alto, California. The failure of Pirate Nation to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Pirate Nation, but Pirate Nation may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. Pirate Nation will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Pirate Nation’s reasonable control.

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