1.INTRODUCTION AND ACCEPTANCE OF AGREEMENT

Welcome to Exeplay! Exeplay is an international entertainment company specializing in the publishing of mobile games and applications (“Games”) across multiple devices and platforms. In the future text, we may refer to Exeplay as “we”, “our”, “us”.

Together with you and the rest of our community, we want to create the future of entertainment. To accomplish this, we set out below the terms and conditions (“Terms”) that you, a user, and Exeplay must follow and are a legally binding agreement between you and us. Please read the Terms carefully and contact us if you have any questions. By accessing or using our Services you agree to be bound by these Terms and by our Privacy Policy. You also confirm you have read and agreed to our Cookie policy (“Cookies”). We also operate the websites https://www.exeplay.com/, their subdomains, and related features (“Sites”, and together with the Games and App, collectively – the “Services”, or “Exeplay Services”). This User Agreement (“Agreement”) explains what you can and cannot do with our Services. If you do not agree with our Terms, please, do not install our Games or use our Services.

THE SERVICE IS STRICTLY FOR AMUSEMENT PURPOSES ONLY. THE SERVICE DOES NOT OFFER REAL MONEY GAMBLING OR AN OPPORTUNITY TO WIN REAL MONEY OR REAL-WORLD PRIZES. NO ACTUAL MONEY OR ANYTHING OF VALUE CAN BE WON PLAYING THE GAMES OFFERED THROUGH THE SERVICE, AND NO ACTUAL MONEY IS REQUIRED TO PLAY.

2. PRIVACY PRACTICES

Our Privacy Policy explains what kind of information we collect and how we protect it.

Please refer to our Privacy Policy available at https://www.exeplay.com/privacy-policy/ or information on how we collect, use, and disclose information from you, your computer, and your mobile device. You understand that through your use of our Services you acknowledge the collection, use, and sharing of this information as described in our Privacy Policy. If you don’t agree with the Privacy Policy, then you must stop using our Services

3. ELIGIBLE USERS

Our Games are available to individuals 13-15, 16-17, with the exception of the game “Coin Wars” which is available to individuals 18 and over. This is the list of our games: “Coin Wars”, “Soccer Strategy Football – Champions Stars League“, “Fall Guys 3D Slide Running”, “Space Geometry Challenge: Neon Galaxy Running”, “Balloon Sky Rise Adventure – Bird Attack Survival”, “Master Defender Kongzilla- Throw Arcade Retro Game”, “Unblock & Roll The Ball – Sliding Box Maze”, “Ninja Cats Adventure- KungFu Master Brain Training”, “Chef Kitchen Fever – Fast Food Burger Shop”, “Offroad Hill Climbing – Adventure Racing Game”, “Ultrachess – Brain Teaser Chess Puzzles”, “Digging Miner Lumber Jack – Idle Clicker Game”, “Cure Clicker: Pandemic Virus Auto Clicker”, “Mahjong Solitaire Connect Game”, and “Zombie Defense: Castle Empire”. Exeplay has full rights to ask a user about their age and to block their account if we confirm the User is under the applicable age. User whose account has already been terminated once will not be able to create another account.

4. YOUR ACCOUNT

Some of our Games will require opening an account or using a third-party tool such as Facebook (“Third-party tool”). We will not be responsible for keeping your login information safe, that is your responsibility. If you suspect your login information has been compromised and your account breached, please, change your login information. Keep in mind that if you do decide to use a Third-party tool and create an account, your photo and your name may be used in Game.

You are required to use correct and complete information while creating the account and you should update it whenever there is a change with your account (including adding contacts). You also agree that you will not misuse or misrepresent your identity when creating an account or that you won’t use someone else’s identity. You accept full responsibility for any use of the Service using your login information, including any use of your credit card or other paying methods.

You have the right to request your account and your information to be deleted, which will happen within 30 days after you have made a request.

5. PLATFORM PROVIDER RULES

Using the Third-party tools, social networks, and stores, you accept their terms and conditions which are connected with our Terms. By using our Services, you also not only accept our Terms, but you also accept Third-party’s terms and conditions which are associated with our Service.

6. VIRTUAL GOODS AND VIRTUAL CURRENCY

You can purchase different virtual goods and virtual currencies in our games (“Resources”). They are only usable within our games and have no value outside of the games in the real world. In some of our games, you can also obtain Resources by watching in-game adds. Users are not required by any means to purchase the Resources. You can also obtain them by playing our games which include participating in events and tournaments, getting rewards by logging into the games, participating in community challenges on our official social media platforms. In some of our games, you are able to exchange some of the Resources between other Users. You are responsible for sending the Resources to other players.

7. PROMOTIONS

Occasionally we might offer users time-limited promotions, sweepstakes, contests, or special offers consisting of Resources or variations of digital and virtual goods and currencies (“Offers”). We are not required to give, and Users are not required to accept any Offer. Offers are not transferable, redeemable, or exchangeable for other things of value, except at our sole discretion. If you accept any Offer, you may have to sign a declaration of eligibility and liability release or sign other paperwork in order to get the Offer. Some Offers will be subject to taxes and other charges, travel, or activities outside of the virtual world, all of which will be disclosed before you accept the offer. If you accept an Offer, you also assume all liability associated with the Offer. Sometimes, we may request your feedback on certain features through a promotion or otherwise. Any feedback you provide at our request through a promotion or program is subject to the rules of the specific promotion or program.

You hereby agree and acknowledge that the acceptance of any Offer or participation in any promotion constitutes your consent that we use your name, likeness, photograph, voice, opinions, hometown, state, or province for our purposes, at our sole discretion in any media, worldwide, without further payment or consideration.

8. ADVERTISING

Our Services may sometimes have offers for third-party products or services and have links that lead to third-party websites or apps when after completing some actions will give you access to certain Resources as compensation. These links and references are provided only as a convenience to you, and access or use of any such websites, services, promotions, and advertisements is at your own risk. Exeplay is not responsible for any content that might be displayed by these links, nor any information or where they lead you to. Also, Exeplay is not responsible if the links do not work.

9. CODE OF CONDUCT

Your use of the Services is governed by certain rules (the “Code of Conduct”), which are maintained and enforced by Exeplay, and must be adhered to by all users at all times when using or accessing the Services. It is your responsibility to know, understand and abide by this Code of Conduct. By accessing and using the Services, you agree that you will not: Publish, post, upload, transmit, distribute or disseminate Content that is harmful, abusive, vulgar, harassing, sexually explicit, sexually provocative, pornographic, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity (including distributing another player’s personal information if he or she has not made such information public on the host site (if applicable)), hateful, racist, homophobic, bigoted, or otherwise offensive or objectionable; Make any threats or threatening remarks, including (but not limited to) threats directed at minors, threats against another individual or their family, and other such remarks which, in our opinion, are outside the scope or context of the game; Restrict or inhibit any other user from using and enjoying the Services. Promote, encourage, or otherwise advocate the use of illegal drugs; Violate the terms of any other applicable agreement or terms governing the access or use of the Services (including any end-user license, code of conduct or other terms of use/service or guidelines from any website on which the Services are available); Use, upload, transmit, distribute or otherwise make available any Content, including images or photographs, which are made available through the Services that infringes any copyright, trademark, privacy, publicity or other proprietary rights of any party; Except as expressly authorized by us, advertise or offer to sell or buy any goods or services for any purpose, unless the Services on which you are playing specifically allows such messages. Offers to buy or sell in-game items, if applicable or permitted by Exeplay for any Services, must be limited to the appropriate forum or channel for such offers; Collect (in an automated manner or otherwise) personal information about others, or impersonate or create a false identity (such as a celebrity, web site administrator or an Exeplay representative) for the purpose of misleading others (including attempting to obtain password, account, or other information from a user); Use the Services (including bulletin boards and other communications services) in any manner other than for personal communication as an individual user (i.e. sending surveys, contests, pyramid schemes, chain letters, junk email, spam or any duplicative or unsolicited messages); or Use the Services for fraudulent transactions or for any purpose that violates any applicable local, state, national, or foreign laws, regulations, or treaties. These rules are not meant to be exhaustive, and we reserve the right to determine what conduct we consider being in violation of the Code of Conduct or otherwise outside the spirit of the Services and to take such action as we see fit – up to and including termination of your account and exclusion from further participation in the Services. We reserve the right to modify this Code of Conduct at any time.

10. INTELLECTUAL PROPERTY RIGHTS

User acknowledges that the content of our Games and Services is subject to copyright and it may not be copied, reproduced or commercially exploited in all or any part.

Exeplay Services, including (but not limited to) their visual components, characters, story, items, music, graphics, computer code, user interface, look and feel, game mechanics, gameplay, audio, video, text, layout, databases, data, and all other content and all Intellectual Property Rights (defined below) and other legal and exploitation rights regarding them, are either owned by us or we license them from third parties. All rights in the Exeplay Services are reserved except as explained in this Agreement. No ownership right or interest or other rights in the Exeplay Services or any part of it is transferred to you. The Exeplay Services and their Intellectual Property Rights are protected by copyright, trademark, and other intellectual property laws worldwide.

“Intellectual Property Rights” means any and all copyright, trademarks, service marks, brand names, logos, business or domain names, design rights, database rights, patents, rights in inventions, trade secrets and confidential information, rights in databases, rights in computer software, moral rights, publicity rights, performance rights, synchronization rights, mechanical rights, publishing, rental, lending and transmission rights and other intellectual property and exploitation rights of a similar or corresponding character which may now or in the future subsist in any part of the world, in all cases whether or not registered or registrable including all granted applications and all applications for registration, division, continuation, reissuance, renewals, extensions, restorations and reversions regarding any of the same.

11. FEEDBACK OR SUGGESTIONS

Users can send or give us feedback regarding our Services primarily at games@exeplaysupport.com. Every feedback is appreciated, but we may choose not to use or accept feedback and suggestions at our discretion. In any case or event feedback and suggestions will be received by us without any obligations or liability to you.

12. RIGHT TO MODIFY

We may change this Agreement from time to time, for example, to reflect changes in our services or to reflect applicable laws. If we do, we will make the changed Agreement available online and make reasonable efforts to notify you of it. It will become legally binding on you and us 30 days after we post it online. During that period, you are welcome to contact us at games@exeplaysupport.com if you have specific questions about the changes. From time to time we might change, update or patch the game in terms of gameplay, features, adding visual changes, etc. and in some cases, the previous, not updated version may stop working or result in having bugs. If you do not agree to those changes (regardless of whether you email us), then unfortunately you must cease using the Exeplay Services. In order to make the Exeplay Services work properly, we need to have everyone using them under the same rules instead of different people having different rules.

13. WARRANTY DISCLAIMERS

WITHOUT LIMITING Exeplay’s LIABILITY UNDER SECTION LIMITATION OF LIABILITY BELOW, THE SERVICEs are PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. Exeplay DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

14. LIMITATION OF LIABILITY OR DISCLAIMERS

The following section does not apply to you if you are resident in the European Union or countries whose laws specifically prohibit the following liability limitations, but it does apply to you if you are resident in the USA.

(I) OUR DISCLAIMERS. EXCEPT AS WE HAVE SET OUT ELSEWHERE IN THIS AGREEMENT, Exeplay AND ITS AFFILIATES, PARTNERS AND LICENSORS DISCLAIM ANY IMPLIED OR EXPRESS WARRANTIES OR REPRESENTATIONS REGARDING THE Exeplay SERVICES. THIS INCLUDES WITHOUT LIMITATION ANY ALLEGATIONS OF: (I) NEGLIGENCE; OR

(II) LACK OF SATISFACTORY QUALITY, MERCHANTABILITY, OR FITNESS FOR PURPOSE; OR

(III) THE EXISTENCE OF ANY FAULTS OR ERRORS; OR (IV) INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. THE Exeplay SERVICES ARE OTHERWISE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE Exeplay SERVICES, INCLUDING WITHOUT LIMITATION: IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE, FREEDOM FROM VIRUSES OR ERRORS OR DEFECTS, AND/OR ANY WARRANTIES AS TO THE ACCURACY, LEGALITY, RELIABILITY OR QUALITY OF ANY CONTENT OR INFORMATION CONTAINED WITHIN THE Exeplay SERVICES. WE DO NOT WARRANT THAT THE Exeplay SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

(II) OUR LIABILITY LIMITATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Exeplay, ITS AFFILIATES, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR HARM OF ANY KIND ARISING FROM THE USE OR INABILITY TO USE OR ‘LOSS’ RELATING TO THE Exeplay SERVICES. Exeplay, ITS AFFILIATES, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR ANY OTHER DAMAGES ARISING OUT OF OR CONNECTED WITH THE SAME. THIS INCLUDES IF YOU SUFFER DAMAGE BECAUSE YOU CANNOT USE THEM (EITHER TEMPORARILY OR PERMANENTLY). NONE OF THE ABOVE WILL BE AFFECTED IN ANY WAY EVEN IF Exeplay OR ITS AFFILIATES, PARTNERS OR LICENSORS ARE AT FAULT (WHETHER THROUGH NEGLIGENCE, BREACH OF CONTRACT, BREACH OF WARRANTY OR STRICT LIABILITY) AND EVEN IF YOU OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(III) OUR LIABILITY CAP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH THE Exeplay SERVICES OR THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE ACTUALLY PAID US (IF ANY) IN CONNECTION WITH THE MATTERS UNDERLYING ANY CLAIM(S).

(IV) YOUR INDEMNITY TO US. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ON DEMAND Exeplay, ITS AFFILIATES, LICENSORS AND PARTNERS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING LEGAL FEES, IN CONNECTION WITH: (1) ANY ALLEGED OR ACTUAL BREACH OF THIS AGREEMENT; (2) THE USE OF THE Exeplay SERVICES BY YOU OR ANY PERSON ON YOUR BEHALF; (3) INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPERTY OF Exeplay; AND/OR (4) YOUR USER GENERATED CONTENT. IF CLAIMS ARE BROUGHT AGAINST US, THEN YOU WILL COOPERATE FULLY WITH US AND WE RESERVE THE RIGHT TO TAKE OVER THEIR DEFENCE. YOU WILL NOT SETTLE ANY SUCH CLAIMS WITHOUT OUR PRIOR WRITTEN CONSENT.

(V) INJUNCTIVE RELIEF. YOU AGREE THAT ANY LOSS, DAMAGE, OR HARM YOU SUFFER ARE NOT IRREPARABLE OR SUFFICIENT, AND OTHER REMEDIES WILL BE ADEQUATE, SUCH THAT YOU ARE NOT ENTITLED TO INJUNCTIVE OR OTHER EQUITABLE RELIEF AGAINST US.

(VI) Residents of California. If you reside in the state of California you are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

15. COUNTRY-SPECIFIC TERMS

Some countries may have additional or different terms for Users located in that country (“Country-Specific Terms”). If you are located in a country that has Country-Specific Terms that differ from these Terms, the Country-Specific Terms will govern solely to the extent of any such difference.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of these disclaimers and limitations may not apply to you. To the extent that Exeplay may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Exeplay’s liability shall be the minimum permitted under such applicable law. In particular, nothing in these Terms of Services shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of Exeplay.

16. TERMINATION

Your right to use our Services will remain effective until terminated by the Terms. In particular, but without limitation, you understand that value cannot and shall not be attributed to the time that you may spend accumulating Resources, accumulating or creating any other digital and/or virtual objects, and you understand and agree that you will not be compensated under any circumstances for any Virtual Currency, Resources or similar regardless of whether you are barred from access to them. Exeplay has the right, at its sole discretion, to terminate, modify, correct, amend or temporarily discontinue the Service at any time and without providing any prior notice.

17. GENERAL

(a) Parties’ Intent. If any provision hereof is adjudged by any arbitrator or court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein.

(b) Rules of Construction. These Terms shall be construed as follows: (I) “includes”, “including” and cognates thereof shall be understood to mean “includes without limitation” or “including without limitation”; (II) unless the context demands otherwise, the word “or” shall have the inclusive meaning identified with the phrase “and/or”; (III) Section and other headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms; and (IV) any reference made in these Terms to a statute or statutory provision shall include any amendments or successors thereto as in effect at the time the particular provision of the Terms is to be given effect, along with any then-applicable rules or regulations promulgated thereunder.

(c) Waiver. Any failure to enforce any rights granted hereunder or to take action in the event of any breach of these Terms shall not be deemed a waiver by the non-breaching party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. All waivers must be in writing, and any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

(d) Entire Agreement; Assignment; Novation. These Terms are the entire agreement between you and Exeplay regarding the subject matter herein. You agree that Exeplay may assign or novate these Terms, in whole or in part, in its sole discretion and that you are not entitled to assign or otherwise transfer these Terms, or any of your rights or obligations thereunder, to any third party without the prior written consent of Exeplay. Any unauthorized assignment will be void and of no force or effect.

(e) Survival. You agree that the provisions of the following Sections shall survive termination of these Terms or termination of your Account, for any reason whatever: Intellectual Property and Our License to You; User Feedback and Your License to Us; Disclaimers of Warranties; Limitation of Liability; Indemnity; Governing Law; Dispute Resolution and Agreement to Arbitrate on an Individual Basis; and General.

(f) Governing language. The original and controlling version of these Terms shall be the English language version. All translations of these Terms into other languages shall be solely for convenience and shall not control the meaning or application of these Terms.

(g) Country-specific terms. Some countries may have additional or different terms for Users located in that country (“Country-Specific Terms”). If you are located in a country that has Country-Specific Terms that differ from these Terms, the Country-Specific Terms will govern solely to the extent of any such difference.

(h) Information, Support, or Questions. For information, support or questions, please contact us at: games@exeplaysupport.com