1. AGREEMENT TO TERMS
These Terms of Use and Service (the "Terms") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you" or "User"), and us Reborn Studio, the developer and publisher of our mobile application that may be downloaded through the Google Play Store (the "Online Store") ("Company", "we", "us", or "our"), concerning your access to and use of our mobile application and any related, linked, or otherwise connected services, features, content, and online services (collectively, the "App" and the "Service"). By accessing or using the App or Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy (“Privacy Policy”). IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND/OR THE PRIVACY POLICY, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY. Use of the Service is void where prohibited.
Use of the Service is also governed by our Privacy Policy, which is incorporated herein by reference. You must agree to these Terms and the Privacy Policy before accessing and using the Service.
2. ELIGIBILITY; AGE; PARENTAL CONSENT
You represent that you are at least 16 years old. If you are older than 16 but younger than 18, you may only download and use the App if your parent(s) or legal guardian(s) have reviewed these Terms and allowed you to download and use the App subject to these Terms. We may require adequate proof of your identity and age and consent from a parent or guardian at any time.
You also represent and warrant that you are not a minor in the jurisdiction in which you reside and that you have the legal capacity to comply with these Terms.
3. CONSUMER USE; ENTERTAINMENT PURPOSE; NO COMMERCIAL USE
You represent that you are accessing the App as a private person (consumer). The Service is intended solely for entertainment purposes. No commercial use of the App is allowed, except where specifically endorsed or approved by us in writing.
4. CHANGES TO TERMS
We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason, including amendments or supplements to these Terms and any related provisions (e.g., the Privacy Policy). We will publish any amendments to these Terms and may also use other means of notification (e.g., in-app notices, pop-ups, newsletters). The date on which the latest update was made is indicated at the top of this document. Such changes will affect the relationship with you for the future only. Your continued use of the App or Service after the posting of revised Terms signifies your acceptance of the revised Terms. If you do not wish to be bound by the changes, you must stop using the App and Service. Failure to accept the revised Terms may entitle either party to terminate the agreement under these Terms. You waive any right to receive specific notice of each such change and you are responsible for periodically reviewing these Terms to stay informed of updates.
5. END-USER LICENSE AGREEMENT (EULA) / MOBILE APPLICATION LICENSE
5.1. License Grant
Subject to these Terms, we grant you a revocable, non-exclusive, non-transferable, non-sublicensable, limited license and limited right to (a) install and use the App on wireless electronic devices owned or controlled by you, and (b) access and use the App and Service and any copyright or otherwise legally protected materials provided as part of the Service, strictly in accordance with these Terms, solely for your personal, non-commercial, entertainment use.
5.2. Provision of Online Services
We may provide certain online services as part of the Service in accordance with these Terms. We have the right to limit, modify, suspend, or discontinue these online services at any time.
5.3. Certain Restrictions
The rights granted to you in these Terms are subject to the following restrictions. You shall not, and shall not permit any third party to:
(a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the App or Service;
(b) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, reverse engineer, attempt to derive the source code of, or decrypt the App or any part of the Service, except to the extent such restrictions are expressly prohibited by applicable law;
(c) access or use the App or Service in order to build a similar or competitive service or application, or to create a product, service, or software that is competitive with or a substitute for the App or Service;
(d) copy, reproduce, distribute, republish, download, display, post, publicly display, encode, aggregate, upload, transmit, or disseminate any part of the App, Service, Content, or Marks (as defined below) in any form or by any means, except as expressly stated herein;
(e) remove, alter, obscure, or destroy any copyright notices or other proprietary markings contained on or in the App, Service, Content, or Marks;
(f) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time;
(g) use the App for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
(h) use the App to send automated queries to any website or to send any unsolicited commercial email; or
(i) use any proprietary information, interfaces, or our intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Any future release, update, patch, or other addition to functionality of the App or Service shall be subject to these Terms unless otherwise provided in terms associated with such addition. All copyright and other proprietary notices on App content must be retained on any copies.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. Ownership and Reservation of Rights
The App and Service, including all copyright or otherwise legally protected materials provided as part of the Service, are licensed to you and not sold. We (and our licensors, where applicable) own all rights, title, and interest in and to the App and Service, including without limitation all intellectual property rights in and to: the App, titles, source code, databases, functionality, software, services, themes, designs, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, method of operation, documentation, account and character profile information, virtual currency, virtual items, and any material produced by us and/or received or made available while using the App, and all related intellectual property rights.
6.2. Content and Marks
Unless otherwise indicated, the App is our proprietary property and all source code, databases, functionality, software, designs, audio, video, text, photographs, graphics, and other materials on the App (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright, trademark, and unfair competition laws of the United States, international copyright laws, international conventions, and other applicable intellectual property laws.
6.3. Limited Permission for Personal Use
The Content and Marks are provided "AS IS" for your information and personal use only. Except as expressly provided in these Terms, no part of the App and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, sublicensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the App, you are granted a limited license to access and use the App and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you.
All copyright and other proprietary notices shall be retained on all reproductions.
7. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the App or Service ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
8. USER REPRESENTATIONS
By using the App or Service, you represent and warrant that:
(1) you have the legal capacity and you agree to comply with these Terms;
(2) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country;
(3) you are not listed on any U.S. Government list of prohibited or restricted parties;
(4) you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations;
(5) you will not access the App through automated or non-human means, whether through a bot, script, automated system, spider, robot, scraper, cheat utility, offline reader, or otherwise;
(6) you will not use the App for any illegal or unauthorized purpose; and
(7) your use of the App will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate access to the App and refuse any and all current or future use of the App (or any portion thereof).
9. PROHIBITED ACTIVITIES; USER CONDUCT
You may not access or use the App or Service for any purpose other than that for which we make it available. The App and Service may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us in writing.
As a user of the App, you agree not to:
(a) upload, post, transmit, distribute, make available, or otherwise use any content or materials (including "User Content", if applicable) that:
(i) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(ii) is tortious, trade libelous, defamatory, false, or intentionally misleading;
(iii) is harassing, abusive, threatening, harmful, vulgar, obscene, offensive, hateful, sexually explicit, racially, ethnically, or otherwise objectionable; contains pornography, nudity, or graphic or gratuitous violence; promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual; or is otherwise objectionable;
(iv) is harmful to minors in any way;
(v) constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or
(vi) violates any law, regulation, or contractual obligations;
(b) systematically retrieve data or other content from the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
(c) trick, defraud, or mislead us or other users, including in any attempt to learn sensitive account information such as user passwords;
(d) circumvent, disable, or otherwise interfere with security-related features of the App, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the App and/or the Content contained therein;
(e) disparage, tarnish, or otherwise harm, in our opinion, us and/or the App;
(f) use any information obtained from the App in order to harass, abuse, or harm another person;
(g) make improper use of our support services or submit false reports of abuse or misconduct;
(h) use the App in a manner inconsistent with any applicable laws or regulations;
(i) use the App to advertise or offer to sell goods and services;
(j) upload, transmit, or attempt to upload or transmit viruses, Trojan horses, worms, malicious code, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the App or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the App;
(k) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
(l) delete the copyright or other proprietary rights notice from any Content;
(m) attempt to impersonate another user or person or use the username of another user;
(n) sell or otherwise transfer your profile;
(o) upload, transmit, or attempt to upload or transmit any material that acts as a passive or active information collection or transmission mechanism, including without limitation clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms");
(p) interfere with, disrupt, or create an undue burden on the App or networks or services connected to the App;
(q) harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the App to you;
(r) attempt to bypass any measures of the App designed to prevent or restrict access to the App, or any portion of the App;
(s) copy or adapt the App’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code; or
(t) make any unauthorized use of the App, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
10. THIRD-PARTY ADVERTISEMENTS, WEBSITES, AND CONTENT; LINKS TO THIRD PARTIES
The App or Service may feature advertisements and/or contain (or you may be sent via the App) links to third-party websites and resources ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, advertisements, and other content or items belonging to or originating from third parties ("Third-Party Content") and services (including advertisers) ("Third-Party Advertisers") (collectively, "Third-Party Services").
Please review our Privacy Policy which explains what information we may share with advertisers. Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. We are not responsible for the availability of Third-Party Websites or resources, and we are not responsible or liable for any Third-Party Website, Third-Party Content, advertising, goods, or services provided by third parties, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in Third-Party Websites or Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Services does not imply approval or endorsement thereof by us. If you decide to leave the App and access Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website you navigate to or any third-party application you use or install. Any separate charges or obligations you incur in your dealings with Third-Party Services are your responsibility. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
To the maximum extent permitted by applicable law, you hereby irrevocably and unconditionally release and forever discharge us (and our suppliers) from any and all claims, demands, and rights of action, whether now known or unknown, which relate to any interactions with, or act or omission of, any Third-Party Services or Third-Party Advertisers. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
Additionally, you agree to hold us harmless from any harm caused by your purchase of such products or services and from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
11. MODIFICATIONS AND INTERRUPTIONS; AVAILABILITY
We reserve the right to change, modify, or remove the contents of the App at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on our App. We also reserve the right to modify, suspend, or discontinue all or part of the App or Service without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance.
We cannot guarantee the App or Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the App during any downtime or discontinuance. Nothing in these Terms will be construed to obligate us to maintain and support the App or Service or to supply any corrections, updates, or releases.
12. WARRANTIES AND DISCLAIMERS
THE APP, SERVICE, AND ALL INFORMATION, SOFTWARE, CONTENT, AND SERVICES OFFERED THROUGH THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE APP OR SERVICE AT THE TIMES AND LOCATIONS OF YOUR CHOOSING; THAT THE APP OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE APP OR SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APP’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE APP AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APP, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
IN NO CASE SHALL WE BE HELD LIABLE FOR ANY ERRORS OR OMISSIONS IN INFORMATION, SOFTWARE, OR SERVICES REFERENCED OR LINKED TO IN THE APP.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR PROVIDE SPECIAL CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
13. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE (OR OUR SUPPLIERS), OR OUR DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS, OUR PRIVACY PRACTICES, THE APP, OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ACCESS TO, AND USE OF, THE APP AND SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION (INCLUDING IN CONTRACT, TORT, OR OTHERWISE) ARISING FROM OR RELATED TO THESE TERMS, OUR PRIVACY PRACTICES, THE APP, OR THE SERVICE, WILL AT ALL TIMES BE LIMITED TO USD 10.
CERTAIN U.S. STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR PROVIDE OTHER SPECIAL REGULATIONS, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
14. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, directors, employees, agents, partners, suppliers, and licensors, from and against any loss, damage, liability, claim, demand, suit, cost, or expense (including reasonable attorneys’ fees and expenses) made by any third party due to or arising out of or relating to:
(1) your use of the App or Service;
(2) your breach or violation of these Terms;
(3) any breach by you of your representations and warranties set forth in these Terms;
(4) your violation of the rights of a third party, including but not limited to intellectual property rights, privacy rights, or publicity rights; or
(5) any overt harmful act toward any other user of the App with whom you connected via the App.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
15. TERM AND TERMINATION
These Terms shall remain in full force and effect while you use the App or Service and run for an indefinite term.
Either party may terminate these Terms at any time with immediate effect. You may terminate by deleting the App from your device and discontinuing use of the Service.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE APP OR SERVICE TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE OR SUSPEND YOUR USE OR PARTICIPATION IN THE APP OR SERVICE, OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED, AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
16. ASSIGNMENT
We may assign or delegate these Terms and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent, taking into account your legitimate interests. Provisions about changes to these Terms will apply accordingly. These Terms shall be binding upon assignees. You may not assign or delegate any rights or obligations under these Terms or the Privacy Policy without our prior written consent, and any attempted assignment in violation of the foregoing will be null and void.
17. SEVERABILITY
If any provision of these Terms is, for any reason, held to be invalid, unlawful, void, or unenforceable, the other provisions will be unimpaired. The invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law, and any provision or part of a provision determined to be unlawful, void, or unenforceable is deemed severable and does not affect the validity and enforceability of any remaining provisions.
18. ENTIRE AGREEMENT
These Terms and any policies or operating rules posted by us on the App or in respect of the App constitute the entire agreement and understanding between you and us with respect to the subject matter hereof and supersede and merge all prior and contemporaneous discussions and agreements between the parties with respect to such subject matter, including any prior End-User License Agreements, Terms of Service/Use, or Privacy Policy.
19. NO WAIVER
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision, and no waiver shall be considered a further or continuing waiver of such term or any other term.
20. MISCELLANEOUS
These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the App. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
21. FORCE MAJEURE
Notwithstanding anything else contained in these Terms, we are not liable for any delay in or failure to comply with these Terms if the delay or failure is caused by circumstances beyond our reasonable control, including without limitation fire, flood, act of God, strikes, lockouts, stoppage of work, trade disputes, or any act of war or terrorism.
22. GOVERNING LAW
These Terms, your access to and use of the App, and any dispute arising out of or in connection with the App, Service, or these Terms are governed by and construed in accordance with the laws in force in the State of Israel applicable to agreements made and to be entirely performed within the State of Israel, without regard to conflict of law principles.
23. DISPUTE RESOLUTION; VENUE; JURISDICTION
Any legal action of whatever nature brought by either you or us (collectively, the "Parties") shall be commenced or prosecuted exclusively in the courts located in Tel-Aviv, Israel, and the Parties hereby consent to, and waive all defences of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.
If you have any questions, concerns, or requests regarding these Terms, please contact us at Rebornstudios2021@gmail.com.