G. Consent to Store & Monitor

Please note that, when running, some of our games may monitor your computer’s random access memory (“RAM”), media access control (“MAC”) address, configuration files and system files, etc., for unauthorized third party programs running concurrently with your game which, in Daybreak Games’ sole determination: (i) enable or facilitate cheating of any type; (ii) allow users to modify or hack the applicable Daybreak Games game interface, environment, and/or experience in any way not expressly authorized by Daybreak Games; or (iii) intercept, “mine” or otherwise collect information from or through the applicable Daybreak Games game (each, an “Unauthorized Third Party Program”). In the event that a Daybreak Games game detects an Unauthorized Third Party Program, (a) the Daybreak Games game may communicate information back to Daybreak Games, including without limitation, your Daybreak Games account username, details about the Unauthorized Third Party Program detected and the activities or functions performed thereby, and/or details about your computer, and/or (b) Daybreak Games may exercise any or all of its rights and remedies, including, without limitation, its rights and remedies under the Daybreak Terms of Service and/or the Daybreak Games end user license agreement without prior notice to the user linked to such Unauthorized Third Party Program.

When you communicate with another game player or with us within the Services (e.g., through live chat, instant message services, message boards, and the like), even when you believe you are doing so “privately” with another person, you do so with the understanding that those communications go through our servers, and you expressly agree to waive any rights of confidentiality that you may have in and to such communications, you agree you have no expectation of privacy in such communications and, accordingly, where and to the extent permitted by applicable law, you expressly consent to our (or our agents’) monitoring of the communications that you send and receive through the Services (including, without limitation, technical support and customer service communications). You also acknowledge that any and all character data that is stored and is resident on our servers may be monitored by us or our agents (to the extent permitted by applicable law).

7.RULES OF CONDUCT
While playing or otherwise using any Daybreak Game(s), you agree to comply with all applicable laws, rules and regulations, and to respect the rights and dignity of others. Further, your access to and use of the Daybreak Games is conditioned on your complete and continued compliance with the following rules of conduct. The violation of any of these Rules of Conduct may lead to the suspension and/or termination of your account.

7.1. While playing or otherwise using the Daybreak Games, you agree not to:

Violate the game-specific rules of conduct posted in the Daybreak Knowledge Base and/or on the game forums
Post, link to, or transmit anything that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, sexually explicit, obscene, hateful, or racially or ethnically offensive.
Impersonate or misrepresent your affiliation with Daybreak, our affiliates, our service providers, our licensors and/or any other person, company and/or group.
Post, link to, or transmit anything that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of another person or company.
Delete any author attributions, legal notices or proprietary designations or labels that you upload to or through a Daybreak communication feature;
Post, link to, or transmit anything that contains a virus, corrupted data, trojan horse, bot, keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information.
Do anything that might interfere with or adversely affect any Daybreak Game(s).
Attempt to disable or circumvent any measures that we use to prevent or restrict access to our accounts, servers, databases, data, computers, and networks.
Modify any part of any Daybreak Game(s), including, without limitation, any Daybreak Game client and/or server.
Arrange for the exchange and/or transfer of any pirated or illegal software and/or other intellectual property while using any Daybreak Game(s).
Attempt to interfere with, hack into, or decipher any transmissions to or from the servers from which any Daybreak Game(s) is/are operated.
Exploit any bug in any Daybreak Game(s) and to refrain from communicating the existence of any such exploitable bug (bugs that grant the end user unnatural or unintended benefits to the user), directly, indirectly and/or through public posting, to any other end user of such Daybreak Game(s). Additionally, you agree to promptly report any such bugs to Daybreak.
Attempt to play any Daybreak Game(s) on any server that is not controlled or authorized by Daybreak or its designees.
Create, use or provide any server emulator or other site where any Daybreak Game(s) may be played, and to refrain from posting or distributing any utilities, emulators or other software tools related to any Daybreak Game(s) without the express written permission of Daybreak.
Post, link to, or transmit any kind of unsolicited advertising , promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation.
Disclose your or any other person's personal information.
Interfere with, degrade, harm or disrupt the operation of any Daybreak Game(s), or the servers or networks used to make such websites and games available, or violate any requirements, procedures, policies or regulations of such networks.
Restrict or inhibit any other person from using any Daybreak Game(s) (including, without limitation, by hacking, cracking or defacing any portion of such websites or games).
Reproduce, copy, modify, adapt, translate, sell, resell, make available, link to or exploit for any commercial purposes, any portion of, use of, or access to, any Daybreak Game(s), or any portion thereof, including, without limitation, any Daybreak Game Assets.
Use any Daybreak Game(s) in connection with any commercial activity, including without limitation any “e-sports” or group competition, without Daybreak’s prior written consent.


10.CHEATING
Maintaining the integrity of the Daybreak Games is extremely important to us. When an end user obtains an unfair advantage by cheating it can ruin the gaming experience for everybody else. You may not disassemble, reverse engineer, or modify any Daybreak Game(s) software in any way. You may not decrypt or modify any data transmitted between the game software and Daybreak’s game servers. You may not develop, share, or use any software, program, macro, or interface that modifies the game play in any way or that gives a user any kind of advantage over other end users, except as expressly authorized by Daybreak. All forms and methods of cheating, including hacks, bots, aimbots, and duping are expressly forbidden. The sale or exchange of accounts, Virtual Items, Virtual Currency, Krono and/or in-game currency for real world money or monetary value is prohibited, except when purchased from Daybreak or otherwise expressly permitted by Daybreak in its sole and absolute discretion. Daybreak reserves the right to suspend or permanently terminate the account of, and restrict access to the Daybreak Games by, any end user that engages in any form of cheating, or that attempts in any way to disable, circumvent, or tamper with any anti-hacking or anti-cheating components or features of any Daybreak Game(s).

22.DISCLAIMERS, LIMITATIONS OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, THE DAYBREAK GAMES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ACCESS TO AND USE OF THE DAYBREAK GAMES ARE AT YOUR SOLE RISK. DAYBREAK DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE DAYBREAK GAMES, INCLUDING ALL STATUTORY AND IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DAYBREAK MAKES NO WARRANTY WITH RESPECT TO THE QUALITY OR AVAILABILITY OF THE DAYBREAK GAMES, INCLUDING, WITHOUT LIMITATION, THAT ACCESS TO ANY OF THEM WILL BE UNINTERRUPTED, CONTINUOUS, VIRUS-FREE, ERROR FREE, RELIABLE, SECURE AND/OR COMPATIBLE WITH ANY PARTICULAR HARDWARE AND/OR SOFTWARE. DAYBREAK HEREBY DISCLAIMS ANY AND ALL OBLIGATIONS TO FURNISH ANY MAINTENANCE AND/OR SUPPORT SERVICES WITH RESPECT TO THE DAYBREAK GAMES.

IN NO EVENT WILL DAYBREAK AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “DAYBREAK ENTITIES”), BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES RELATED TO THE USE OF OR INABILITY TO USE ANY DAYBREAK GAME(S). NONE OF THE DAYBREAK ENTITIES ARE RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. NONE OF THE DAYBREAK ENTITIES ARE RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY, OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER’S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN ANY ACTION OR PROCEEDING AGAINST ANY DAYBREAK ENTITY(IES) ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE USE OR INABILITY TO USE THE DAYBREAK GAMES, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE, THE DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO $100.00. YOU HEREBY WAIVE YOUR RIGHT TO BRING ANY CAUSE OF ACTION YOU MAY HAVE AGAISNT ANY DAYBREAK ENTITY(IES) WITH RESPECT TO THE USE OF ANY DAYBREAK GAME(S) ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IN SUCH STATES OR JURISDICTIONS, THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU. CONSEQUENTLY, IN SUCH STATES OR JURISDICTIONS, LIABILITY IS LIMITED TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.


24.GOVERNING LAW; JURISDICTION
The validity, construction, interpretation and legal effect of this Daybreak Terms of Service shall be construed in accordance with and governed by the judicial decisions and internal laws of the State of Delaware and the United States of America, without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of Delaware and the United States of America. Subject to the below provisions of Section 25, (a) you and Daybreak agree that any controversy, claim or dispute arising out of or relating to this Daybreak Terms of Service or any aspect of the relationship between you and Daybreak (each, a “Dispute”) asserted by you against Daybreak or by Daybreak against you shall be exclusively brought in a state or federal court in the District of Delaware or Southern District of California, and (b) you and Daybreak each submit and consent to the personal jurisdiction of, and venue in, the state and federal courts located in the District of Delaware or Southern District of California.

25.DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER
25.1. Introduction. Any Dispute, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, shall be settled through Negotiation (as defined below in this Section 25) or Arbitration (as defined below in this Section 25); provided, however, with respect to Excluded Disputes (as defined below in this Section 25) that you and Daybreak are unable to settle through Negotiation, you or Daybreak may apply to the applicable court in the District of Delaware or Southern District of California to bring any such Excluded Disputes in lieu of Arbitration.

If a Dispute arises, you and Daybreak first shall attempt in good faith to resolve it promptly by Negotiation as set forth below in this Section 25, and neither you nor Daybreak may commence Arbitration with respect to any Dispute unless you and Daybreak first have unsuccessfully pursued Negotiation as provided in this Section 25 (i.e., the parties are unable to resolve the Dispute in writing within the below thirty (30) day period or if either party refuses to comply with the provisions of any written Negotiation settlement). All communications, whether oral, written or electronic, in any Negotiation or Arbitration (including, without limitation, any written Negotiation settlement or Arbitration award) pursuant to this Section 25 shall be treated as confidential, except as may be necessary to prepare for or conduct the Arbitration hearing on the merits, or except as may be necessary in connection with a court application in accordance with the above provisions of Section 24, or except to the extent otherwise required by applicable law. Notwithstanding the above provisions set forth in Section 24, (i) the Federal Arbitration Act applies to and governs the enforceability of this Section 25, and (ii) all communications, whether oral, written or electronic, in Negotiations shall also be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence.

25.2. Negotiation. At any time after a Dispute arises, either you or Daybreak may initiate negotiation by providing written notice (the “Dispute Notice”) to the other party as follows (“Negotiation”): (a) you shall email Dispute Notices to Daybreak to disputenotice@daybreakgames.com and (b) Daybreak shall email Dispute Notices to you to the email address that Daybreak has on file for you. The Dispute Notice shall describe the nature and basis of the Dispute and sets forth the relief sought. You and a Daybreak representative shall speak by phone and/or communicate via email at a mutually acceptable time and thereafter as often as reasonable necessary, to attempt to resolve the Dispute. No party shall be obligated to continue to participate in Negotiation if the parties have not resolved the Dispute in writing within thirty (30) days after the non-complaining party’s receipt of the Dispute Notice.

25.3. Arbitration. If you and Daybreak are unable to resolve any Dispute through Negotiation or if either you or Daybreak refuses to comply with the provisions of any written Negotiation settlement, then, except for any Excluded Disputes (as hereinafter defined), SUCH DISPUTES WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR (“Arbitration”) INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AND Daybreak AGREE THAT YOU AND Daybreak ARE WAIVING THE RIGHT TO TRIAL BY A JURY. As used in this Daybreak Terms of Service, “Excluded Dispute” collectively means: (a) any Dispute relating to the infringement, misappropriation and/or other misuse of intellectual property rights other than patent rights (including, without limitation, claims seeking injunctive relief); (b) any Dispute relating to the violation, misappropriation and/or other misuse of confidential information (including, without limitation, claims seeking injunctive relief); (c) any Dispute relating to the enforcement of an Arbitration award; and/or (d) any Dispute that qualifies for small claims court.

An Arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party.

The Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Daybreak Terms of Service. The Consumer Arbitration Rules are available online at https://www.adr.org/aaa/faces/rules/searchrules/rulesdetail?_afrWindowId=pay9lxinm_1&_afrLoop=691540015434269&doc=ADRSTAGE2021424&_afrWindowMode=0&_adf.ctrl-state=hf27f5iaa_4#%40%3F_afrWindowId%3Dpay9lxinm_1%26_afrLoop%3D691540015434269%26doc%3DADRSTAGE2021424%26_afrWindowMode%3D0%26_adf.ctrl-state%3Dpay9lxinm_79 . Additionally, the arbitrator shall follow applicable state and federal law.

If you seek $10,000 or less in any Arbitration initiated by you, Daybreak agrees to reimburse your filing fee and your share of the arbitration costs, including your share of arbitrator compensation, at the conclusion of the proceeding, unless the arbitrator determines your claims are frivolous or costs are unreasonable as determined by the arbitrator. If you seek more than $10,000 in any Arbitration initiated by you, the Arbitration costs, including arbitrator compensation, will be split between you and Daybreak according to the AAA Commercial Arbitration Rules and the AAA’s Supplementary Procedures.

YOU AND DAYBREAK AGREE THAT ANY ARBITRATION UNDER THIS DAYBREAK TERMS OF SERVICE WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AND DAYBREAK ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or Daybreak that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination shall be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Daybreak Terms of Service and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Daybreak Terms of Service, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Daybreak Terms of Service will preclude you or Daybreak from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you or against you for us, as applicable.