Terms of Service

Lootbox is owned and operated by LOOTBOX LTD (HE 466358), having its registered address at 81 Griva Digeni, MARINOS COURT, 3rd Floor, Flat 301, 6043, Larnaca, Cyprus ("Lootbox, us, our, ours, etc."). These Terms of Service are a legal contract that establishes the relationship between you, the user, (“you, your, yours, etc.”) and us as it relates to the services we provide to you through Lootbox.com (“Services”), including all text, images, graphics, photographs, audio, video, buttons, icons, animations, data, messages, software, and other content, information, or materials on Lootbox.com (“Materials”), and any Materials posted to or otherwise shared on Lootbox.com by you such as posts made to the chatroom (“Content”).

Please note:

The Services also include the deposit of in-store credits (“Credits”) which may be used to purchase virtual mystery boxes (“Boxes”) and experience points (“XP”). As randomly determined, Boxes may contain XP or physical product(s) which may be redeemed, exchanged, or otherwise disposed of (“Product(s)”). At all times, the value of the Product(s) and/or XP revealed in a Box will be equal to or greater than the price of the Box.

Introduction

By visiting, accessing, and/or using any part of Lootbox.com, you certify to us that:

• You are eighteen (18) years of age or older and are at least the age of majority in your jurisdiction.

• You have the legal capacity to enter into and agree to these Terms of Service.

• You are using the Services freely, voluntarily, willingly, and for your own personal enjoyment.

• You will only provide accurate and complete information to us and promptly update this information as necessary to maintain its accuracy and completeness. You understand and agree that you are solely responsible for reporting and paying any taxes applicable to you under the laws of your state of residence which may arise from using the Services.

By visiting, accessing, and/or using any part of Lootbox.com, you acknowledge that you have read and understood these Terms of Service and our other policies in full and without reservation. We reserve the right to unilaterally change, modify, or replace any of these Terms of Service, which may reasonably be required from time to time (including to ensure compliance with any applicable laws). All modifications or changes are in force and enforceable immediately upon posting. The updated version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect.

We agree that if we change anything in these Terms of Service, we will change the “Last Updated” date at the top of these Terms of Service. You agree to re-visit this page on a frequent basis, and to use the “Refresh” button on your browser when doing so. You agree to note the date above. If the “Last Updated” date remains unchanged from the last time you reviewed these Terms of Service, then you may presume that nothing in these Terms of Service has changed since the last time you visited. If the “Last Updated” date has changed, then you must review the updated Terms of Service in their entirety. You must agree to any updated Terms of Service or immediately cease use of Lootbox.com. If you fail to review these Terms of Service as required to determine if any changes have been made, you assume all responsibility for such omission, and you agree that such failure amounts to your affirmative waiver of your right to review the updated terms. We are not responsible for your neglect of your legal rights.

1. Accounts

A. Registration

All users may register for a single account on Lootbox.com, provided you meet the requirements set forth herein and otherwise abide by these Terms of Service. If you register for more than one account on Lootbox.com, we may terminate either or both accounts, and you may forfeit all rights associated with and interests in such accounts, including any XP or Products earned on either or both accounts. To purchase Boxes or XP on Lootbox.com or to use other paid features of Lootbox.com, you must also provide a valid payment method. If you fail to provide the required information, if we reasonably believe that you have provided false information, or if you fail to agree to these Terms of Service, we may terminate your account. Acceptance of registration is subject to our sole discretion.

B. Proof of Age and Identity

We reserve the right to ask for proof of age or identity at any time and for any reason, including requiring you to submit a copy of your government-issued photo identification or tax I.D. number before using any feature of the Services. If you fail to provide current and complete documentation per our request, we are entitled to deny or restrict access to Lootbox.com or any feature of the Services, including withholding any funds in your account balance, refusing redemptions, exchanges, and other disposals of Product(s), and refusing account closures. While we may require you to provide additional information as necessary to verify the accuracy of your identity and the information you provide to us, you understand and agree that we do not sponsor or approve any user or any Materials posted by our users.

C. Maintenance

If you provide any false, misleading, inaccurate, incomplete, not current, or otherwise incorrect information to us, or if you fail to promptly update such information to maintain its accuracy and completeness, or if we or any of our authorized agents have reasonable grounds to suspect that a violation of this provision has occurred, we have the right to suspend or terminate your account and refuse any and all current or future use of Lootbox.com, as well as subjecting you to criminal and civil liability. If we suspend or terminate your account, your membership, account, and discounts are null and void, and you will be responsible for a-la-carte billing for the Services.

D. No Account Sharing

You will not use, attempt to access, or ask for the login credentials for any third party’s account at any time. You will not allow any third party to access or use your account at any time, nor provide any third party with your login credentials. We will not be liable for any loss that we may incur as a result of any third party that uses your password or otherwise accesses your account, either with or without your knowledge. You will be liable for losses incurred by us or any third party due to the release of account credentials to unauthorized persons.

E. Termination by You

You have the right to close your account at any time for any reason by contacting us at [email protected]. You will not assign, transfer, sell, or share your membership to Lootbox.com. If you do, both you and the unauthorized user are jointly and severally liable for any fees that will be due.

F. Termination by Us

We may suspend or delete your account or any licenses herein at any time, for any reason, in our sole discretion. We have the right to terminate your membership at any time, but you understand that any outstanding balance due will remain if you are terminated with or without cause. We are not responsible for preserving terminated account information, which may be permanently deleted at our discretion. If we terminate your account for violation of these Terms of Service, or because a change in the law or legal climate has made offering the Services in your jurisdiction illegal, you will automatically and immediately forfeit all right, title, and interest in any credits, unwithdrawn Products, and XP associated with your account. In all other instances, (a) we will provide you with at least thirty (30) days' notice of termination, or (b) if no such notice is given, we will provide you with the method and means of transferring any balance of credits from your account to your cryptocurrency wallet within thirty (30) days. Any right, title, or interest in any credits, unwithdrawn Products, or XP associated with your account after the 30-day period will be forfeited.

2. Grant of Rights

A. Materials

You understand that all we are selling you is access to Lootbox.com and use of the Services as we provide them from time to time. You need to provide your own access to the Internet, hardware, and software, and you are solely responsible for any fees that you incur to access Lootbox.com or use the Services. All users may access certain public areas of Lootbox.com and use the Services and the Materials therein, free of charge. We grant all users a limited, nonexclusive, nontransferable personal license to access and use only those Materials provided on free areas of Lootbox.com for private, non-commercial purposes on a single computer or mobile device. This free license does not include a license to access or use paid areas of Lootbox.com or the Materials therein. We also grant you a limited, nonexclusive, nontransferable personal license to access Lootbox.com and use the Services and the Materials therein, as limited by your additional purchase of certain paid features and upgrades. This paid license is for private, non-commercial purposes on a single computer or mobile device. We reserve the right to limit the amount of Materials viewed or Services available to you. Your license to access Lootbox.com and use the Services and the Materials is not a transfer of title. You will not copy or redistribute any Material, and you will prevent others from unauthorized access, use of, or copying of the Materials.

B. Content

We may permit you to submit Content to Lootbox.com, including posts made in the chatroom. Except for personally identifiable information covered under our Privacy Policy, we will consider Content submitted to Lootbox.com non-confidential and nonproprietary. We will have no obligation regarding Content, and we do not guarantee any confidentiality for any Content. You are solely responsible for the Content and the consequences of posting the Content to Lootbox.com.

You retain all ownership rights in the Content. However, you grant us a worldwide, perpetual, nonexclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content for our business (and the business of our successors), including for promoting and redistributing any part of Lootbox.com (and derivative works of it) in any media formats and through any media channels. This license shall include the right to copy and transfer the Content to any affiliate or related or partner sites of ours, and to post the Content on different pages of Lootbox.com at our sole discretion. We may freely use and otherwise exploit this Content for any purpose.

Further, you grant each user of Lootbox.com a worldwide, nonexclusive, royalty-free license to access, use, reproduce, display, and perform the Content through Lootbox.com, as permitted through Lootbox.com and under these Terms of Service.

3. Primary Features

A. Boxes

By purchasing Boxes, you understand and agree that you may receive (a) XP that has a fair market value equal to or greater than the price of the Box, (b) Product(s) that have a fair market value equal to or greater than the price of the Box, or (c) a combination of XP and Product(s) that, in total, have a fair market value equal to or greater than the price of the Box. Your Credits will be instantly debited the purchase price of the Box. You will then see a visual animation to signify the action. It is important to note that this animation is purely for display purposes, and the Product(s) shown in the animation may not always be the Product(s) you have actually revealed.

Images of Boxes are for illustrative purposes only. Although we have made every effort to display the Product(s) revealed to be in Boxes accurately, we cannot guarantee that your device’s display of the Product(s) revealed to be in Boxes accurately reflects the Product(s) in the Boxes. Your Product(s) and the packaging of the Product(s) may vary slightly from those images.

Every available Product that we fairly pack into the Boxes is displayed beneath the Box listing prominently displayed on Lootbox.com. The results of your purchased Box are not determined by the visual display but instead by the algorithm we use. This algorithm is fair and can be verified. For more information, please read our Provably Fair page.

B. Daily Boxes

Each day, we may offer you certain free daily rewards depending upon your level, including the ability to open certain free Boxes (“Daily Boxes”). You can increase your level (and therefore increase the amount of Daily Boxes available to you each day) by purchasing XP or obtaining it as a Product in a Box. You understand and agree that if you fail to open the Daily Box(es) in a timely manner, you are not entitled to any rights associated with the Daily Box(es), and that you are not entitled to any rights associated with the Daily Box(es) limited to levels that you have not yet attained.

C. XP

XP provide users with the ability to “level up” and access more Daily Boxes each day which may feature better potential Product(s). XP may be purchased directly from Lootbox.com, at the price set by Lootbox.com, or XP may be included as the content of a Box. You can purchase XP from Lootbox.com using your Credits, and the purchased XP will be instantly displayed on your account. When XP is revealed as a Product in your Box, the revealed XP will be instantly added to and displayed on your account. You understand and agree that XP is non-transferable between users and, in case of purchase, can be purchased only from Lootbox.com and only at the price set by and displayed on Lootbox.com. XP has a fair market value, within our Site, as determined by Lootbox.com.

D. Exchanges

Prior to redeeming the Product(s) in your Box, you may elect to exchange the Product(s) in your Box. If you elect to exchange the Product(s) in your Box for different Product(s) of equal or lesser value, you must select Product(s) of equal or lesser value and any delivery costs associated with this newly selected Product(s).

If you elect to exchange the Product(s) in your Box for Credits, the value of the Product(s) in your Box will be added to your account as Credits which can then be used to purchase other Boxes or XP.

If you have uploaded details associated with your cryptocurrency wallet and you elect to exchange the Product(s) in your Box for cryptocurrency, we will transfer to your wallet the value of the Product(s) in your Box (less any exchange fees) in cryptocurrency at the time of the exchange.

E. Cryptocurrency

From time to time, we may permit you to pay for the Services using one or more cryptocurrencies, such as Bitcoin, and to withdraw cryptocurrency from Lootbox.com. Acceptance of such payment or withdrawal method is in our sole discretion and may be of limited duration. Any payment or withdrawal in cryptocurrency is irreversible. Refunds of cryptocurrency payments are at our sole discretion, and, if allowed, may take the form of cryptocurrency transfer or corresponding cash value of the requested refund, at our option. Additional administrative fees may apply to cryptocurrency transactions.

By paying for Services or making withdrawals in cryptocurrency, you acknowledge that the value of cryptocurrencies is highly volatile and that there is a substantial risk of loss associated with using cryptocurrencies. You consent to the risk that the value of cryptocurrencies may be influenced by activity outside our control, including fluctuating public interest in cryptocurrencies, potential regulation of cryptocurrencies, and risks associated with hardware, software, or Internet connection issues, malicious software, unauthorized access, or other communication failures, disruptions, errors, distortions, and delays. We do not represent, guarantee, or warrant the accuracy or fairness of the value of any cryptocurrency. You are solely responsible for making your own independent appraisal and investigations into the value of any purchase of sale on the Services.

4. Product Redemption

A. Redeeming Product(s)

If you elect to physically redeem the Product(s) in your Box, we may require you to provide certain information associated with the selection and delivery of the Product(s), such as delivery address, email, or size selection. If you fail to provide complete and accurate information, we may cancel the order and issue a refund or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for failure to or delay in supplying the Product(s) or any portion thereof if this failure or delay is caused by you failing to provide complete and accurate information.

B. Delivery and Importation Fees

The costs of delivery (excluding customs, duties, or related importation fees, if applicable) will be as displayed to you. You understand and agree that you are responsible for all delivery and importation fees related to delivery of your Product(s). In some boxes, our third-party service providers may inform us whether you have paid the importation fees. In other boxes, your postman may attempt to charge you importation fees. We disclaim all responsibility for any importation fees, regardless of whether our third-party service providers have informed us that you have paid your importation fees. To avoid paying importation fees, you may contact support before redeeming Product(s) to find out where we will be shipping the Product(s) from. Once you have paid any delivery and importation fees and provided all necessary information, we will deliver the Product(s) to you as soon as reasonably possible, except for in boxes of delay due to an event outside our control. Our delivery time is on average between three (3) days and thirty (30) days.

C. Collecting Luxury Product(s)

In some boxes, luxury Product(s) may be collection-only. In such boxes, we will provide you with notice of collection-only status in the description of the luxury Product(s). It is your responsibility to check the description of the luxury Product(s) to determine whether the luxury Product(s) are collection-only. If Product(s) are collection-only, we will not deliver the Product(s) to you, and you must collect the Product(s) from the collection point listed in the description of the luxury Product(s).

D. Delays

If our supply of the Product(s) is delayed by an event outside our control, then we will provide notice to you as soon as possible, and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any Product(s) you have redeemed but not received.

E. Failure to Accept Delivery

If you are not home when the Product(s) are delivered, you understand and agree that you may be left a note instructing you on how to rearrange delivery or collect the Product(s) from a local depot. If you fail to rearrange delivery or collect the Product(s) from the local depot, we may issue a refund to you.

F. Product(s) Lost in Delivery

If you believe that your Product(s) have been lost in the delivery process, please send an email to [email protected]. We may require proof of non-shipment, and you will not be issued a refund if you fail to provide proof of non-shipment.

G. Damaged or Faulty Product(s)

If you receive damaged or faulty Product(s), please send an email to [email protected]. We may require you to return the Product(s) before being eligible for a refund, provided we pay the delivery costs associated with returning the damaged or faulty Product(s) to us. If we do not receive the Product(s) or if the Product(s) are not damaged or faulty, we will not issue a refund to you.

H. Refusing Redemption

In some instances, such as if a Product is out of stock or if an error has occurred in the description of the price or the Product(s), we will be unable to accept your order, and we may refuse redemption.

We may issue you in-store credit in the value of the Product(s) if: we have changed the Product(s); we inform you about an error in the description or price of the Product(s); there is a risk that supply of the Product(s) may be significantly delayed because of events outside our control; we suspend supply of the Product(s) for technical reasons or in response to changes in relevant laws and regulatory requirements; or you have a legal right to end the contract because of something we have done. In such instance, you must return all Product(s) that were delivered to you, and we will pay the delivery cost associated with returning those Product(s).

I. Refunds for Product(s)

You will only be entitled to a refund under this section if (a) you meet one of the requirements laid out above, (b) you return all Product(s) for which you request a refund, and (c) you pay the delivery costs associated with returning those Product(s) to us, unless otherwise agreed in this section. In all instances, any refund for delivery costs will be the costs of delivery by the least expensive method we offer. For example, if we offer delivery of the Product(s) within three to five (3–5) days at one cost but you choose to have the Product(s) delivered within twenty-four (24) hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

If you are entitled to a refund for Product(s) under this section, we may, in our sole and absolute discretion, resolve the issue by (a) refunding the value of the Product(s) to you directly, less any delivery, storage, and restocking fees, (b) by providing you with Credit or cryptocurrency in the value of the Product(s), less any delivery, storage, and restocking fees, (c) by sending like replacement Product(s) to you, or (d) by sending you different Product(s) of equal or greater value.

J. Refunds for Unused Credits

Typically, monetary refunds for the value of the Product(s) will not be issued. However, we may, in our sole and absolute discretion, refund directly to you the value of any Credits which you have purchased but not used. You are not entitled to a refund for any Credits that you have earned from exchanging or returning Product(s).

5. Billing and Payments

A. Credits

If you provide valid and current payment information, you may deposit Credits to your account, which may be used to purchase Boxes, XP, or utilize other features of Lootbox, such as paying for exchange fees or Upgrades. The price of each Box and the cost of any exchange fees are prominently displayed on Lootbox.com at the time of purchase. The price of XP is prominently displayed on Lootbox.com at the time of purchase. The price of every other product, service, or feature and any associated fees are prominently displayed on Lootbox.com at the time of purchase.

B. Value of Products

Product(s) have the value prominently displayed on the description of the Product(s) at any given time. Thus, the value of Product(s) acquired by you will be the value of the Product(s) at the time you attempt to redeem, exchange, upgrade, or otherwise dispose of the Product(s) – not the value of the Product(s) when acquired by you.

C. Fees

We reserve the right to charge additional fees for access to Lootbox or any other feature or service of Lootbox.com and to change our fee structure at our discretion. You understand and agree that the price of Boxes, the value of Product(s), and the price of any fees may be updated daily. All previous prices, values, offers, and discounts are unavailable once removed from Lootbox.com.

You agree to pay any and all fees or account charges related to any fees, charges, purchases, exchanges, or upgrades associated with your account, immediately when due, in accordance with our stated billing policy, or that of our third-party billing agent. You acknowledge that the charge on your banking statement for our Services may display our company name, one of our brand names, or our third-party billing agent’s name. You understand and agree that you are responsible for any and all fees or penalties that are associated with your account. Your account will be deemed past due if it is not paid in full by the payment due date. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a cardholder. You agree to pay any and all amounts due immediately upon cancellation or termination of your account.

D. Third-Party Payment Processing

We utilize various third-party payment processors and gateways, and we reserve the right to contract with additional third-party payment processors and gateways in our sole discretion to process any and all payments associated with Lootbox.com. Such third parties may impose additional terms and conditions governing payment processing. You are responsible for abiding by such terms. We further disclaim any liability associated with your violation of such terms.

E. Changes to Your Billing Information

You must promptly inform our third-party billing agent of all changes, including changes in your address and changes in your credit card used in connection with billing or payment through Lootbox.com, if applicable. You are responsible for any credit card chargebacks, dishonored checks, and any related fees that Lootbox incurs with respect to your account, along with any additional fees or penalties imposed by our third-party billing agent.

F. Chargebacks

If you make a purchase on Lootbox.com that results in a chargeback, we may terminate your account.

G. Changes to Our Billing Methods

We reserve the right to make changes at any time to our fees and billing methods, including the addition of administrative or supplemental charges for any feature, with or without prior notice to you.

H. Refunds

You understand and agree that it is our standard policy that all purchases, including all purchases of Boxes and XP, are final and nonrefundable. Further, you cannot return or exchange any XP revealed in your Box. We reserve the right to address all refund requests in our sole discretion.

I. Billing Errors

If you believe that you have been erroneously billed for activity associated with your account, please notify our third-party billing agent immediately of such error. If you do not do so within thirty (30) days after such billing error first appears on any account statement, the fee in question will be deemed acceptable by you for all purposes, including resolution of inquiries made by or on behalf of your banking institution. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported within thirty (30) days of the bill being rendered to you. These terms shall supplement and be in addition to any terms required by third-party billing entities we engage to provide billing services. You are responsible for reviewing and complying with such entity’s terms in addition to those contained in these Terms of Service.

6. Prohibited Uses

You agree that you will only use Lootbox.com, the Services, and the Materials for purposes expressly permitted and contemplated by these Terms of Service. You may not use Lootbox.com, the Services, or the Materials for any other purposes without our express prior written consent. Without our express prior written authorization, you will not:

• Use the Services for any purpose other than as offered by us, including using the Services in any way that is prohibited by these Terms of Service or that violates any applicable law, regulation, or treaty of any applicable governmental body, including:

  • Laws related to illegal gambling and gaming;

  • Intellectual property right laws protecting patents, copyrights, trademarks, trade secrets, and any other intellectual property right, including making, obtaining, distributing, or otherwise accessing illegal copies of copyrighted, trademarked, or patented content, deleting intellectual property right indications and notices, or otherwise manipulating identifiers;

  • Laws against obscene, lewd, defamatory, or libelous speech; and

  • Laws protecting confidentiality, privacy rights, publicity rights, or data protection.

• Fail to comply with orders, judgments, or mandates from courts of competent jurisdiction.

• Link to Lootbox.com on any third-party website in any way that is unfair, illegal, or damages or takes advantage of our reputation, including any link which establishes or suggests a form of association, approval, or endorsement by us where none exists.

• Post, upload, or share Content in any language other than English.

• Post, upload, or share Content that is harmful, inaccurate, threatening, abusive, vulgar, violent, indecent, harassing, hateful, menacing, scandalous, inflammatory, racially or ethnically offensive, likely to cause annoyance, intimidation, embarrassment, distress, discomfort, or inconvenience, otherwise objectionable, or any content that, in our sole discretion, is otherwise inappropriate.

• Engage in antisocial, disruptive, or destructive behavior, including "bombing," "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet, or engage in any other behavior that serves no purpose other than to harass, annoy, or offend users.

• Impersonate another individual or entity, whether actual or fictitious; falsely claim an affiliation with any individual or entity; access or attempt to access the accounts of others without permission; misrepresent the source, identity, or content of information transmitted via the Services; or perform any other similar fraudulent activity.

• Engage in platform manipulation, including cheating, hacking, scamming, exploiting, or otherwise taking advantage of any features of Lootbox.com.

• Circumvent, disable, damage, or otherwise interfere with the operations of Lootbox.com, any user's enjoyment of Lootbox.com, or our security-related features or features that prevent, limit, or restrict the use or copying of any materials or content, or features that enforce limitations on the use of Lootbox.com or the content on it, by any means, including posting, linking to, uploading, or otherwise disseminating viruses, adware, spyware, malware, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment.

• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of Lootbox.com or any part of it, except and only if that activity is expressly permitted by applicable law despite this limitation.

• Access or use any automated process (such as a robot, spider, scraper, or similar) to access Lootbox.com in violation of our robot exclusion headers or to scrape all or a substantial part of the Materials (other than in connection with bona fide search engine indexing or as we may otherwise expressly permit).

• Modify, adapt, translate, or create derivative works based on the Services or any part of them, except and only if applicable law expressly permits that activity despite this limitation.

• Commercially exploit or make available the Services or the Materials therein to third parties, including any action or attempt to "frame" or "mirror" Lootbox.com.

• Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.

• Attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.

Engaging in any prohibited use will be considered a breach of these Terms of Service and may result in removal of any balance from your account or any Product(s) from your cart which you have not yet redeemed, refusal to process any order or redemption, temporary or permanent limitation of your ability to use certain features of Lootbox.com, including the chatroom, immediate suspension or termination of your account and access to Lootbox.com, or any other responsive action we deem proper, in our sole discretion.

We may pursue any legal remedies or other appropriate actions against you if you engage in any of the above Prohibited Uses or any unauthorized use of the Services, including civil, criminal, or injunctive relief, and cancellation of your account. Any unauthorized use of the Services or our computer systems violates these Terms of Service and certain international, foreign, and domestic laws.

7. Affiliates

A. Affiliate Program

You may participate in our Affiliate program (“Program”) and earn compensation (“Commissions”) according to the current rates (“Rates”) posted on the Affiliate Dashboard, for each user that makes cash deposits through your unique referral code (“Referral Code”). We agree to provide you access to, and membership in, the Program and the right to market, advertise, and promote Lootbox using the Referral Code, according to these Terms of Service. This license is revocable at will. Such revocation does not require prior notice. You may only use the Referral Code to promote Lootbox. You will not use the Referral Code in violation of any term contained in these Terms of Service. Your license to use the Referral Code shall automatically terminate, and all rights shall automatically revert to us upon cancellation or termination of your membership or your withdrawal from the Program or Lootbox.

B. Affiliate Website and Referral Content

You may post the Referral Code on your personal affiliate website (“Affiliate Website”), and you may promote the Affiliate Website in content posted on third-party websites (“Referral Content”). However, you must not post the Referral Code directly on any third-party website that is not owned or operated by you, including any third-party social media platform. You must not link to the Referral Code or Lootbox in any paid advertising, though you may link to the Affiliate Website in paid advertising, provided such paid advertising campaigns (a) do not bid on Lootbox trademarks or misspellings thereof, (b) do not use Lootbox trademarks, URLs, or misspellings thereof, and (c) add the Lootbox trademarks to the phrase match negative keywords list for the paid advertising campaign. We reserve the right to request (a) removal of the Referral Code from the Affiliate Website, (b) deletion of any Referral Content on third-party websites, and (c) deletion of any paid advertising for the Affiliate Site which does not comply with these Terms of Service. You agree to comply with such requests.

You will be solely responsible for the Affiliate Website and all Referral Content. If you are in doubt as to whether the Affiliate Website or any Referral Content complies with these Terms of Service, please contact us before publishing the Referral Code to the Affiliate Website or before posting any Referral Content on third-party websites.

You warrant and represent that you own or operate the Affiliate Website and have the right to post the Referral Content on all third-party websites where you post such Referral Content. You warrant that you are the sole owner of any and all necessary rights, title, and interest to any materials used on the Affiliate Website or in the Referral Content, and that such materials are free of claims by third parties and do not infringe upon or violate any intellectual property rights, publicity rights, or otherwise violate any applicable law, rule, or regulation. We shall have no obligations with respect to the materials available on or through the Affiliate Website or any Referral Content, including any duty to review or monitor any such materials. You agree to indemnify us for any claims, charges, debts, allegations, or lawsuits arising out of your participation in the Program.

C. Prohibited Uses of the Program

We reserve the right to refuse and/or terminate your participation in the Program, at any time and for any reason, in our sole and absolute discretion, including if you, the Affiliate Website, or the Referral Content:

• Fail to notify us whenever there are inquiries or concerns by any individual or entity regarding any questionable activities of any kind related to your participation in the Program.

• Use materials that are harmful, inaccurate, threatening, abusive, vulgar, violent, indecent, harassing, hateful, menacing, scandalous, inflammatory, blasphemous, racially or ethnically offensive, likely to cause annoyance, intimidation, alarm, embarrassment, distress, discomfort, or inconvenience, otherwise just plain nasty or objectionable, or any content that, in our sole discretion, is otherwise inappropriate or violative of these Terms of Service.

• Use the Referral Code in or otherwise promote Lootbox via advertorials, paid advertising, media buying, advertising exchanges, programmatic networks, email marketing, SMS marketing, or pop-up/under windows, without our prior written consent.

• Post the Referral Code directly to any third-party website that is not owned or operated by you, including any third-party social media platform.

• Encourage password theft or hacking.

• Fail to receive a sufficient number of unique hits.

• Appear to utilize deceptive, unlawful, or unfair promotional tactics or devices.

• Use URLs or mobile applications that are confusingly similar to our trademarks and service marks, contain our copyrighted material without license, or if you otherwise infringe upon our intellectual property or engage in any activity that may be harmful to our image, goodwill, or reputation.

• Use any fraudulent, deceptive, or unfair advertising, transactions, or trade practices.

• Use any techniques or software to manipulate search engine results that may be false, misleading, infringing, or otherwise manipulative or deceptive in order to drive traffic to the Referral Code.

• Use any meta-tags, pay-per-click advertising campaigns, or other search engine terms that would imply or suggest that illegal content may be found using the Referral Code or that users can engage in illegal activities using the Referral Code.

• Cheat, defraud, or mislead us in any manner.

• Violate the restricted nonexclusive license provided in these Terms of Service.

• Use “Trojan Horses,” viruses, or the like, which cause or have the potential to cause damage to any computer or programs, regardless of the intent.

• Market Lootbox as a gambling service.

• Use any third-party website to promote Lootbox as part of the Program, when doing so would violate the third-party website’s terms of service and/or other policies.

• Violate any other provision in these Terms of Service.

• In case of termination of a sponsorship agreement before its expiration date, for any reason.

• In case of a paid partnership, whether the agreement ends before the expiration date or after the termination date, you as an affiliate are not eligible for any future Commissions, whether earned or unearned.

• Attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.

• If we deem your application or the Referral Code to be unsuitable for any reason.

Suspected violation of any portion of these Terms of Service may result in your termination from the Program and forfeiture of any past or future Commissions, whether earned or unearned. If, in our sole discretion, you have violated any of the provisions in these Terms of Service, you will forfeit all funds otherwise due, and we will fully cooperate with law enforcement regarding the investigation of your actions, and you hereby agree that you are responsible for any monetary damage incurred by us in handling the violation. Further, if you violate any provision pertaining to URLs or the Referral Content, you will immediately transfer the offending URL(s) to us or delete the Referral Content upon demand and at your expense.

D. Affiliate Exclusivity

If you participate in the Program, you shall not participate in the affiliate or promotion program of, nor provide any “influencer” or internet marketing services to, any other mystery box or Player vs. Player chance game company, whether such company’s services are physical or virtual. If you violate this exclusivity provision, we may block your account and set your affiliate percentage to zero (0%) percent. Requests to cure this breach may be directed to [email protected] and will be handled in our sole discretion.

By accepting these Terms of Service, you hereby accept that you have made yourself aware that Lootbox affiliate data is strictly confidential. Sharing your affiliate data without our written consent with any other affiliate program, “influencer,” marketing service, or any third party, unless such disclosure is required by law, will result in termination of the business relationship and termination of your affiliate commission.

E. FTC Compliance

All forms of deceptive or unfair advertising are prohibited. If you are uncertain as to the requirements of any applicable advertising or trade practices law, you understand that you should obtain legal advice before engaging in any promotion. More information about deceptive trade practices in the United States can be found here: www.ftc.gov. You agree to fully comply with the United States Federal Trade Commission (“FTC”) statutes and regulations (if you do business in the United States or with United States-based customers), and any related rules, policies, and advisory opinions issued by the FTC. No commissions will be paid on transactions that are in violation of these regulations and may be withheld if such conduct is suspected.

F. Commissions

We will pay you Commissions for your participation in the Program according to these Terms of Service. You understand and agree that Commissions and Rates may be altered from time to time at our discretion without notice and without penalty to us. You understand and agree that Rates may be tiered and that you are not entitled to Commissions for any Rate higher than the tier that you have unlocked. Information on unlocking additional tiers is posted on the Affiliate Dashboard. Any changes to our Rates will only be applied to Commissions made after the publication of the change. You agree that you will periodically check the Rates found at the above URL, and your continued participation in the Program manifests your assent to any changes in the Rates. You agree that we, in our sole discretion, may deny or withhold payment of Commissions and terminate your membership in the Program due to any suspicious behavior including unusually numerous chargebacks. In the event these Terms of Service are terminated for cause, all rights to Commissions will be forfeited, and you will be permanently prohibited from participating in the Program. If requested, you will provide us with a Social Security Number, Employer Identification Number, or Individual Taxpayer Identification Number, so that an IRS form 1099 may be issued. Failure to provide such information to us may result in termination of these Terms of Service.

G. Limitation of Liability Related to the Program

In no event shall either party be liable to the other for any indirect, special, incidental, punitive, or consequential damages, including loss of profits, loss of data, loss of business, or other loss arising out of or resulting from your participation in the Program, even if the other party has been advised of the possibility of such damages. The foregoing shall apply regardless of the negligence or other fault of either party and regardless of whether such liability sounds in contract, negligence, tort, or any other theory of liability. Notwithstanding the aforementioned limitations of liability, you agree that if we are held liable to you for damages, the total amount of liquidated damages for any and all claims shall not exceed one hundred dollars (U.S. $100.00).

8. Dispute Resolution and Damages

A. Governing Law and Venue

These Terms of Service and all matters arising out of or otherwise relating to these Terms of Service shall be governed by the county of Cyprus, excluding its conflict of law provisions. The sum of this paragraph is that any and all disputes must be, without exception, resolved in Cyprus. All parties to these Terms of Service agree that all actions or proceedings arising in connection with these Terms of Service or any services or business interactions between the parties that may be subject to these Terms of Service shall be brought exclusively in Cyprus. The parties agree to exclusive jurisdiction and venue in, and only in Cyprus. The parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the parties with respect to or arising out of these Terms of Service in a jurisdiction other than that specified in this paragraph. All parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under these Terms of Service whatsoever. All parties stipulate that the courts located in Cyprus shall have personal jurisdiction over them for resolution of any disputes. You agree to accept service of process by registered or certified mail, Federal Express, or Priority Mail, with proof of delivery or return receipt requested, sent to your last known address for any legal action arising from these Terms of Service. Any final judgment rendered against you or us in any action or proceeding shall be conclusive as to the subject matter and may be enforced in the courts located in Cyprus or other jurisdictions in any manner provided by law if such enforcement becomes necessary.

B. Class Action Waiver

You hereby waive any right or ability to initiate any class action or collective proceeding.

C. Rights to Injunctive Relief

You acknowledge that remedies at law may be inadequate to provide us with full compensation in the event you breach this Agreement, and that we shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.

D. Provisions with Stipulated Liquidated Damages

In various provisions in these Terms of Service, we have outlined liquidated damages amounts to be applied as penalties against you if you violate these specific provisions. You specifically agree to pay these amounts. In doing so, you acknowledge that this amount is not a penalty, and that the actual damages are uncertain and difficult to ascertain, but that this amount represents the parties’ good faith attempt to calculate an appropriate compensation based on anticipated actual damages.

E. Additional Fees

If we are required to enlist the assistance of an attorney, investigator, collections agent, or other person to collect any liquidated damages or any other amount of money from you, or if we are required to seek the assistance of an attorney to pursue injunctive relief against you, then you additionally agree that you will reimburse us for all fees incurred in order to collect these damages or in order to seek injunctive relief from you. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the actual or liquidated damages themselves. You agree that you will pay these fees and costs.

9. Disclaimers

A. We Disclaim All Warranties

We provide access to Lootbox and use of the Services “as is” and “with all faults.” We make no warranty that Lootbox or the Services will meet your needs or requirements. We disclaim all warranties—express, statutory, or implied—including warranties of merchantability, fitness for a particular purpose, workmanlike effort, quality, suitability, truthfulness, usefulness, performance, accuracy, completeness, reliability, security, title, exclusivity, quiet enjoyment, non-infringement, and warranties that your access to Lootbox or use of the Services will be uninterrupted, timely, secure, error-free, or that content loss will not occur, to the greatest extent provided by applicable law. We may change any of the information found on Lootbox at any time or remove any or all Materials thereon. We make no commitment to update the Materials. We make no warranty regarding any goods or services purchased or obtained through Lootbox or any transaction entered into through Lootbox. There are no warranties of any kind that extend beyond the face of these Terms of Service or that arise because of course of performance, course of dealing, or usage of trade.

B. Third-Party Links

Lootbox may contain links to third-party websites. These links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of third-party websites, and we accept no responsibility for them or for any loss or damage that may arise from the use thereof. We reserve the right to terminate any link at any time.

C. No Responsibility for User-Generated Materials

Lootbox may include Materials uploaded by our users, including posts made in the chatroom. We expressly disclaim all liability for any user-generated content in the Materials. You understand that the Materials are primarily posted by users, and that we do not endorse (expressly or implicitly) the opinions expressed in any user-generated content in the Materials. Thus, you understand that you may be exposed to Materials from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of the Materials. You further understand that you may be exposed to Materials that are inaccurate, offensive, illegal, indecent, obscene, or objectionable, and you waive any rights or remedies you have or may have against us for this exposure. We are under no obligation to pre-screen, review, or preemptively monitor the Materials. However, we reserve the right to refuse to publish, remove, or block the Materials, or any portion thereof, or to terminate a user’s access for uploading Materials that violate these Terms of Service, at any time, for any reason, with or without prior notice. If we choose to monitor Lootbox at any time, we assume (a) no responsibility for the Materials, (b) no obligation to modify or remove any inappropriate Materials, and (c) no responsibility for the conduct of the user submitting those Materials. To submit an abuse complaint about Materials uploaded by other users, please contact us at [email protected].

D. Violations of Law

Access to Lootbox and use of the Services in violation of any law is strictly prohibited. If we determine that you have provided or intend to purchase or provide any services in violation of any law, your ability to access Lootbox and use the Services will be terminated immediately. We hereby disclaim any liability for damages that may arise from you or any user providing any services that violate any law. You hereby agree to defend, indemnify, and hold us harmless from any liability that may arise for us should you violate any law. You also agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any such claims by any party.

10. Indemnification

You agree to defend, indemnify, and hold harmless Lootbox, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, or consequentially resulting or allegedly resulting from your actions, or the actions of another person under your authority, including without limitation to governmental agencies, use, misuse, or inability to use Lootbox or the Materials, or any breach of these Terms of Service by you or another person under your authority. We shall promptly notify you by electronic mail of any such claim or suit, and we may cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or suit at our own expense and choose our own legal counsel; however, we are not obligated to do so.

11. Limitation of Liability

You acknowledge that we will not be liable to you for user-generated Materials or the offensive or illegal conduct of any person. You understand that the risk of harm or damage from this rests entirely with you, and you expressly release us from any liability arising out of user-generated Materials or the conduct of any person. You discharge, acquit, and otherwise release us, our parent company, agents, employees, officers, directors, shareholders, attorneys, and affiliates from any and all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to, Lootbox, including claims relating to the following:

• Negligence, gross negligence, reckless conduct, alienation of affections (to the extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, intellectual property infringement, misrepresentation, infectious disease, revenge porn law violations, any financial loss not due to the fault of Lootbox, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of Lootbox, unavailability of Lootbox, its functions, and any other technical failure that may result in the inaccessibility of Lootbox, or any claim based on vicarious liability for torts committed by individuals met on or through Lootbox, including fraud, theft, or misuse of personal information, assault, battery, stalking, harassment, cyber-bullying, rape, theft, cheating, perjury, manslaughter, or murder.

We expressly disclaim any liability or responsibility to you for any of the following:

• Any loss or damage of any kind incurred because of the Materials, including errors, mistakes, or inaccuracies of the Materials or any Materials that are infringing, obscene, indecent, threatening, offensive, defamatory, invasive of privacy, or illegal.

• Personal injury or property damage of any nature resulting from your access to and use of Lootbox.

• Any third party’s unauthorized access to or alterations of your account, transmissions, data, or Content.

• Any interruption or cessation of transmission to or from Lootbox, and any delays or failures you may experience in initiating, conducting, or completing any transmissions to or transactions with Lootbox.

• Any bugs, viruses, malware, Trojan horses, or the like that may be transmitted to or through Lootbox by any third party.

• Any incompatibility between Lootbox and your other services, hardware, or software.

• Any claims arising from identification of you based on your Content, regardless of whether you utilize any tool or feature of Lootbox to mark certain content private or block, restrict, or otherwise limit access to your Content in certain geographic locations.

12. Intellectual Property

A. Trademarks

Lootbox is our brand name and trademark. We aggressively defend our intellectual property rights. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners or holders of such trademarks and service marks. All of the marks, logos, domains, and trademarks that you find on Lootbox may not be used publicly except with express written permission from us, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Lootbox.

B. Copyrights

Except for Materials posted by our users such as in the chatroom, the Materials are our proprietary information and valuable intellectual property. We retain all right, title, and interest in such Materials. Lootbox, the Materials, and our software are protected by copyright law. The Materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without our prior written consent. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of the Materials except as expressly provided in these Terms of Service violates our intellectual property rights.

C. Notification of Copyright Infringement

We respect the intellectual property rights of all parties and comply with the Digital Millennium Copyright Act (“DMCA”). We do not permit copyright-infringing activities or infringement of other intellectual property rights on Lootbox, and we will remove all content and submissions if properly notified that the content or submission infringes on another’s copyrights. We have adopted a policy regarding termination of repeat copyright infringers in compliance with the DMCA, and we reserve the right to terminate a user’s access to Lootbox, in accordance with our DMCA Policy or Repeat Infringer Policy. Copies of our Repeat Infringer Policy are available upon request.

13. General

A. Entire Agreement

These Terms of Service and any other legal notice or agreement published by us on Lootbox, forms the entire agreement between you and us concerning your use of Lootbox. It supersedes all prior terms, understandings, or agreements between you and us regarding use of Lootbox. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in any proceedings based on or relating to these terms. Such version of these Terms of Service shall be utilized to the same evidentiary extent, and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

B. Policies of Our Service Providers

You understand and agree that we may use certain third-party service providers to offer the Services to you. You understand and agree that you must agree to and abide by any user terms, privacy policy, or other policy that such third party requires you to agree to in order to use their services. In the event of a conflict between those policies and our policies, the terms of our policies shall govern.

C. Assignment and Delegation

We may assign any rights or delegate any performance under these Terms of Service without notice to you. You will not assign, delegate, or sublicense any of your rights or duties without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.

D. Severability

If any provision of these Terms of Service is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force, if the essential terms for each party remain valid, binding, and enforceable.

E. Cumulative Remedies

All rights and remedies provided in these Terms of Service are cumulative and not exclusive, and the assertion by a party of any right or remedy will not preclude the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.

F. Successors and Assigns

These Terms of Service inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign its rights or delegate its performance under these Terms of Service.

G. Force Majeure

We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; epidemics, pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors.

H. Notices

Any notice required to be given by us under these Terms of Service may be provided by email to a functioning email address of the party to be noticed, by a general posting on Lootbox, or by personal delivery via commercial carrier. Notices by customers to us shall be given by contacting us through the contact button on Lootbox, unless otherwise specified in these Terms of Service. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of these Terms of Service. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier shall be deemed delivered on the business day following mailing. Notices delivered by any other method shall be deemed given upon receipt. Either party may, by giving the other party appropriate written notice, change the designated address, email address, or recipient for any notice hereunder. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, email server, or overnight delivery service.

I. Communications are Not Private

We do not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to us shall be deemed to be readily accessible to the general public. You will not use Lootbox to transmit any communication for which you intend only you and the intended recipient to read. Notice is hereby given that all messages entered into Lootbox may be read by the agents and operators of Lootbox, regardless of whether they are the intended recipients of such messages.

J. Authorization and Permission to Send Emails to You

You authorize us to email you notices, advertisements, and other communications, including emails, advertisements, and notices. You understand and agree that such communications may contain adult content, sexual content, language, and images of nudity not suitable for minors. This authorization will continue until you request us to remove you from our email list. You understand and agree that even unsolicited email correspondence from us, or our affiliates, is not spam as that term is defined under the law.

K. Consideration

We allow you to access and use Lootbox, the Services, and the Materials, as limited by your additional purchase of certain paid features and upgrades, in consideration for your acquiescence to all the provisions in these Terms of Service. You agree that such consideration is both adequate and received upon your viewing or downloading any portion of Lootbox.

L. Electronic Signatures

You agree to be bound by any affirmation, assent, or agreement you transmit through Lootbox. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded button, checkbox, or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

M. English Language

We have written these Terms of Service and our associated website policies in the English language. You are representing your understanding and assent to the English language version of these Terms of Service as they are published. We are not liable to you or any third party for any costs or expenses incurred in translating these Terms of Service. In the event that you choose to translate these Terms of Service, you do so at your own risk, as only the English language version is binding.

N. Export Control

You understand and acknowledge that the software elements of the Materials on Lootbox may be subject to regulation by governmental agencies which prohibit export or diversion of software and other goods to certain countries and third parties. Diversion of such Materials contrary to U.S. or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the Materials are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.

O. No Agency Relationship

Nothing in these Terms of Service shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.

P. Usages

In these Terms of Service, unless otherwise stated or the context otherwise requires, the following usages will apply:

• References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.

• In computing periods from a specified date to a later specified date, the words “from” and “commencing on” (and the like) mean “from and including,” and the words “to,” “until,” and “ending on” (and the like) mean “to but excluding.”

• References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.

• “A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.

• “Including” means “including, but not limited to.”

Q. No Waiver

No waiver or action made by us shall be deemed a waiver of any subsequent default of the same provision of these Terms of Service. If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision and such invalid term, clause, or provision shall be deemed to be severed from these Terms of Service.

R. Headings

All headings are solely for the convenience of reference and shall not affect the meaning, construction, or effect of these Terms of Service.

S. Other Jurisdictions/Foreign Law

We make no representation that Lootbox, the Services, or any of the Materials are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access Lootbox and use the Services from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in these Terms of Service shall be interpreted as an admission that Lootbox is subject to the laws of any nation besides Cyprus.

T. Service Not Available in Some Areas

Persons located in or residents of: Cyprus, Denmark, Lithuania, Poland, Slovakia, United Kingdom, Ontario state, and Washington state (the "Restricted Jurisdictions"); are restricted from accessing parts of the Services and/or Site.

Persons located in or residents of: Afghanistan, Bangladesh, Belarus, Cuba, Democratic Republic of the Congo, Eritrea, Iraq, Iran, Kazakhstan, Lebanon, Libya, Mali, Myanmar (Burma), Nicaragua, North Korea, Pakistan, Palestine, Seychelles, Somalia, Sudan, Syria, Turkey, United Arab Emirates, Venezuela, Yemen, and Zimbabwe (the "Prohibited Jurisdictions") are not permitted to make use of the Service and/or Site.

For the avoidance of doubt, the foregoing restrictions on accessing the Site, registering an account, and/or using the Services from Prohibited Jurisdictions or Restricted Jurisdictions apply equally to residents and citizens of other nations while located in a Prohibited Jurisdiction/Restricted Jurisdiction. Any attempt to circumvent the restrictions on Site/Services use by any persons located in a Prohibited Jurisdiction or Restricted Jurisdiction is a breach of these Terms. An attempt at circumvention includes, but is not limited to, manipulating the information used by us to identify your location and providing us with false or misleading information regarding your location or place of residence.

You are subject to the laws of the state, province, city, country, or other legal entity in which you reside or from which you access Lootbox. Lootbox is void where prohibited or restricted by law. If you open an account or use Lootbox while located in a Prohibited Jurisdiction or use the restricted portions of the Site while located in a Restricted Jurisdiction, you will be in violation of the law of such jurisdiction and these Terms of Service, and subject to having your account suspended or terminated without any notice to you. You hereby agree that Lootbox cannot be held liable if laws applicable to you restrict or prohibit your participation. Lootbox makes no representations or warranties, implicit or explicit, as to your legal right to participate in any Service offered on Lootbox, nor shall any person affiliated, or claiming affiliation, with Lootbox have authority to make any such representations or warranties. We reserve the right to restrict access to Lootbox in any jurisdiction.