True Skate - Terms of Service (2024)

True Skate Terms of Service

The terms of this agreement ("Terms of Service")govern the relationship between you and True Axis Pty Ltd, an Australiancompany ABN 13 110 831 233 ("True Axis" or "True Skate" or "Licensor"or "Us" or "We" or "Our") regarding your use of True Axisgames, websites and related services (the "Service"). Use of theService is also governed by True Skate Privacy Policy and other relevantpolicies, which are incorporated herein by reference.

Before accessing or using the Service, including browsingany True Axis's website or accessing a game, you must agree to these Terms ofService and the True Skate Privacy Policy. You may also be required to registeran account on the Service (an "Account"). If you access the Servicefrom a Social Networking Site ("SNS"), such as Facebook you shallcomply with its terms of service/use as well as these Terms of Service.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOUAGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE,PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICEIS VOID WHERE PROHIBITED.

True Axis reserves the right, at its discretion, to change,modify, add or remove portions of these Terms of Service, its True SkatePrivacy Policy and other relevant True Axis policies at any time by posting theamended terms on the True Axis website. You will be deemed to have acceptedsuch changes by continuing to use the Service. If at any point you do not agreeto any portion of the then-current version of our Terms of Service, the TrueSkate Privacy Policy, or any other True Axis policy, rules or codes of conductrelating to your use of the Service, your license to use the Service shallimmediately terminate, and you must immediately stop using the Service.

License

Grant ofa Limited Licence to Use the Service

Subject to your agreement and continuing compliance withthese Terms of Service and any other relevant True Axis policies, True Axisgrants you a non-exclusive, non-transferable, non-sublicensable, revocable andlimited license to access and use the Service for your own non-commercialentertainment purposes. You agree not to use the Service for any other purpose.

The Service is licensed, not sold, to you, and you herebyacknowledge that no title or ownership in the Service is being transferred orassigned and this Agreement should not be construed as a sale of any rights inthe Service. Licensor retains all right, title, and interest to the Service,including, but not limited to, all copyrights, trademarks, trade secrets, tradenames, proprietary rights, titles, computer codes, audiovisualeffects, themes, characters, character names, stories, dialog, settings,artwork, sounds effects, musical works, and moral rights.

The following restrictions apply to the use of the Service:

You shall not (or attempt to) purchase, sell, rent or giveaway your Account, create an Account using a false identity or information, oron behalf of someone other than yourself; You shall not use the Service if youhave previously been removed by True Axis, or previously been banned fromplaying any True Axis game.

You shall use your Account only for non-commercial purposes;You shall not use the Service to advertise, or solicit, or transmit anycommercial advertisem*nts.

Logininformation and Your Account

You may be required to select a password for your Account oryou may also use other credentials to access the Account ("LoginInformation"). You shall not share the Account or the Login Information,nor let anyone else access your Account or do anything else that mightjeopardize the security of your Account. In the event you become aware of orreasonably suspect any breach of security, including without limitation anyloss, theft, or unauthorized disclosure of the Login Information, you mustimmediately notify True Axis and modify your Login Information. You are solelyresponsible for maintaining the confidentiality of the Login Information, andyou will be responsible for all uses of the Login Information, includingpurchases, whether or not authorized by you. You are responsible for anythingthat happens through your Account.

True Axis reserves the right to remove or reclaim anyusernames at any time and for any reason, including but not limited to claimsby a third party that a username violates the third party's rights.

LicenseLimitations

Any use of the Service in violation of these LicenseLimitations is strictly prohibited, can result in the immediate revocation ofyour limited license and may subject you to liability for violations of law.

You agree that you will not, under any circ*mstances:

Engage in any act that True Axis deems to be in conflictwith the spirit or intent of the Service or make improper use of True Axissupport services.

Use or take part (directly or indirectly) in the use ofcheats, exploits, automation software, bots, hacks, mods or any unauthorizedthird-party software designed to modify or interfere with the Service for anyTrue Axis game.

Modify or cause to be modified any files that are a part ofthe Service or any True Axis game without True Axis express written consent.

Disrupt, interfere with or otherwise adversely affect thenormal flow of the Service or otherwise act in a manner that may negativelyaffect other users' experience when using the Service or playing True Axisgames. This includes any kind of manipulation of leaderboards,competitions, rankings, taking advantage of errors in the Service to gain anunfair edge over other players and any other act that intentionally abuses orgoes against the design of the Service.

Disrupt, overburden, or aid or assist in the disruption oroverburdening of any computer or server ("Server") used to offer orsupport the Service or any True Axis game environment.

Institute, assist, or become involved in any type of attack,including without limitation distribution of a virus, denial of service attacksupon the Service, or other attempts to disrupt the Service or any otherperson's use or enjoyment of the Service.

Attempt to gain unauthorized access to the Service, Accountsregistered to others or to the computers, Servers, or networks connected to theService by any means other than the user interface provided by True Axis,including but not limited to, by circumventing or modifying, attempting tocircumvent or modify, or encouraging or assisting any other person tocircumvent or modify, any security, technology, device, or software that ispart of the Service.

Post any information that is abusive, threatening, obscene,defamatory, libelous, or racially, sexually,religiously, or otherwise objectionable or offensive or engage in ongoing toxicbehavior, such as by repeatedly posting informationon an unsolicited basis.

Attempt to, or harass, abuse, or harm, or advocate or inciteharassment, abuse, or harm of another person, group, including True Axisemployees.

Make available through the Service any material orinformation that infringes any copyright, trademark, patent, trade secret,right of privacy, right of publicity, or other right of any person or entity orimpersonates any other person, including without limitation a True Axisemployee.

Reverse engineer, decompile, disassemble, decipher orotherwise attempt to derive the source code for any underlying software orother intellectual property used to provide the Service or any True Axis game,or to obtain any information from the Service or any True Axis game using anymethod not expressly permitted by True Axis.

Solicit or attempt to solicit Login Information or any otherlogin credentials or personal information from other users of the Service orany True Axis game.

True Axis reserves the right to determine what conduct itconsiders to be in violation of the rules of use or otherwise outside theintent or spirit of these Terms of Service or the Service itself. True Axisreserves the right to take action as a result, which may include terminatingyour Account and prohibiting you from using the Service in whole or in part.

Suspensionand Termination of Account and Service

WITHOUT LIMITING ANY OTHER REMEDIES, TRUE AXIS MAY LIMIT,SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE ORPORTIONS THEREOF IF YOU ARE, OR TRUE AXIS SUSPECTS THAT YOU ARE, FAILING TOCOMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTEDILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CANLOSE YOUR ACCOUNT NAME IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION ORLIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASEDITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND TRUE AXIS IS UNDER NOOBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPENDOR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESSTO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVEHOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROMACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLELEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRDPARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS ORPOLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRc*msTANCES AND AT OUR SOLEDISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERSOF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

True Axis reserves the right to stop offering and/orsupporting the Service or a particular game or part of the Service at any time,at which point your license to use the Service or a part thereof will beautomatically terminated. In such event, True Axis shall not be required toprovide refunds, benefits or other compensation to users in connection withsuch discontinued Service. Termination of your Account can include disabling youraccess to the Service or any part thereof including any content you submittedor others submitted.

You may terminate your Account at any time and for anyreason by emailing support@trueskate.com and informing True Axis that you wishto terminate your Account.

Ownership

Games andService

All rights, title and interest in and to the Service(including without limitation any games, titles, computer code, themes,objects, characters, character names, stories, dialogue, catch phrases,concepts, artwork, animations, sounds, musical compositions, audio-visualeffects, methods of operation, moral rights, documentation, character profileinformation, recordings of games played using a True Axis game client, and theTrue Axis game clients and server software) are owned by True Axis. True Axisreserves all rights, including without limitation, all intellectual propertyrights or other proprietary rights, in connection with its games and theService.

UserAccounts

In order to use the Service or a software feature, or forcertain features of the Service to operate properly, you may be required tohave and maintain a valid and active user account with an online service, suchas a third-party social network account ("Third-Party Account. If you donot maintain such accounts, then certain features of the Service may notoperate or may cease to function properly, either in whole or in part. TheService may also require you to create a Software-specific user account withLicensor or a Licensor affiliate ("User Account") in order to accessthe Software and its functionality and features. Your User Account log-in maybe associated with a Third-Party Account. You are responsible for all use andthe security of your User Accounts and any Third-Party Accounts that you use toaccess and use the Software.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOUACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTYINTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTSIN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THEBENEFIT OF TRUE AXIS.

VirtualItems

True Axis owns, has licensed, or otherwise has rights to useall of the content that appears in the Service or in True Axis games.Notwithstanding any provision to the contrary herein, you agree that you haveno right or title in or to any content that appears in the Service, includingwithout limitation the virtual goods or currency appearing or originating inany True Axis game, whether earned in a game or purchased from True Axis, orany other attributes associated with an Account or stored on the Service.

TrueSkate Bolts

True Skate may offer in-game Bolts (credits or coins)(either for purchase or for free, at True Axis discretion) that enable you topurchase virtual boards, skateparks and skip missions in events and other itemsthrough the Service (the "True Skate Bolts"). By purchasing orobtaining True Skate Bolts, True Axis is granting you a limited license rightto you to utilize certain features of our product and service offering asallowed by True Axis. True Skate Bolts do not have monetary or stored value orany credit balance of real currency or its equivalent and are not redeemablefor money at any time. True Axis may regulate, modify and/or eliminate TrueSkate Bolts at any time at its discretion with no liability to you or to anythird party from the exercise of such right. You agree that you will not, underany circ*mstances gather or transfer True Skate Bolts or virtual items for saleor use the Service or any part thereof for performing in-game services, such aspower-leveling and item collection services, in exchange for payment outsidethe Service.

BalanceCalculation

You can access and view your available True Skate Bolts inthe games header and when logged into your User Account. True Axis reserves theright, in its sole discretion, to make all calculations regarding the availableTrue Skate Bolts in your User Account. Licensor further reserves the right, inits sole discretion, to determine the amount of and manner in which True Skate Boltsare credited and debited from your User Account in connection with yourpurchase of virtual goods or for other purposes. While True Axis strives tomake all such calculations on a consistent and reasonable basis, you herebyacknowledge and agree that Licensor's determination of the available True SkateBolts and True Skate virtual goods in your User Account is final, unless youcan provide documentation to True Axis that such calculation was or isintentionally incorrect.

No Refund

All purchases of True Skate Bolts and True Skate virtualgoods are final and under no circ*mstances will such purchases be refundable,transferable, or exchangeable. Except as prohibited by applicable law, Licensorhas the absolute right to manage, regulate, control, modify, suspend, and/oreliminate such True Skate Bolts and True Skate virtual products as it sees fitin its sole discretion, and Licensor shall have no liability to you or anyoneelse for the exercise of such rights.

All payment, billing and transaction processes are handledby the relevant third-party distributor or platform such as Apple's App Storeor Google's Google Play. If you have any payment related issues, then you needto contact such distributors directly. For any other issues, please contact us atsupport@trueskate.com

Subscriptions

True Skate offers auto-renewing subscriptions in selectTerritories. True Skate Sandbox is a content subscription service that containsthe following:

SKATEBOARD: Override skateboard stats and customize your deck/gripgraphics.

SKATEPARKS: Create your own Workshop & Glasshouse with DIY objects andshare.

MODS: Import community-made skateparks, physics, DIY objects and character skins.

CHARACTER: Customize your apparel/shoes or choose a community-madedesign.

CAMERA: Customize your game camera via 5 different slider settings andshare.

BOLTS: Receive 30k Bolts every month.

True Skate Sandbox cost 4.99 USD/month (or local equivalent)and will be charged on your iTunes or Google Play Account after purchase andwhen the subscription renews monthly.

True Skate Sandbox is also available for 3 months at 9.99USD (or local equivalent) or for 1 year at 24.99 USD (or local equivalent) andwhen the subscription renews.

Subscriptions will renew automatically unless auto-renew isturned off at least 24-hours before the end of the current period. Payment willbe charged to iTunes or Google Play Account at confirmation of purchase.Account will be charged for renewal within 24-hours prior to the end of thecurrent period.

Subscriptions may be managed by the user and auto-renewalmay be turned off by going to the user's Account Settings after purchase. Nocancellation of the current subscription is allowed during active subscriptionperiod.

Any unused portion of a free trial period, if offered, willbe forfeited when the user purchases a subscription to that publication, whereapplicable.

UserContent

Submissionof User Content

"User Content" means any communications, images,sounds, and all the material, data, and information that you upload or transmitthrough a True Axis game client or the Service, or that other users upload ortransmit. By transmitting or submitting any User Content while using theService, you affirm, represent and warrant that such transmission or submissionis (a) accurate and not confidential or misleading; (b) not in violation of anylaws, contractual restrictions or other third party rights, and that you havepermission from any third party whose personal information or intellectualproperty is comprised in the User Content; (c) free of viruses, adware,spyware, worms or other malicious code; and (d) you acknowledge and agree thatany of your personal information within such content will at all times beprocessed by True Axis in accordance with the True Skate Privacy Policy.

UserCreated Content

The Service may allow you to create content, including, butnot limited to replays of your game play or creation of your own skatepark. In exchangefor use of the Service, and to the extent that your contributions through useof the Service give rise to any copyright interest, you hereby grant Licensoran exclusive, perpetual, irrevocable, fully transferable, and sub-licensableworldwide right and license to use your contributions in any way and for anypurpose in connection with the Service and related goods and services,including, but not limited to, the rights to reproduce, copy, adapt, modify,perform, display, publish, broadcast, transmit, or otherwise communicate to thepublic by any means whether now known or unknown and distribute yourcontributions without any further notice or compensation to you of any kind forthe whole duration of protection granted to intellectual property rights byapplicable laws and international conventions. You hereby waive and agree neverto assert any moral rights of paternity, publication, reputation, orattribution with respect to Licensor's and other players' use and enjoyment ofsuch assets in connection with the Service and related goods and services underapplicable law. This license grant to Licensor, and terms above regarding anyapplicable moral rights, will survive any termination of this Agreement.

InternetConnection

The Service may require an internet connection to accessinternet-based features, authenticate the Service, or perform other functions.

YourLicense to True Axis

You hereby grant to True Axis an irrevocable, perpetual,transferable, fully paid-up, royalty-free, worldwide license (including theright to sublicense and assign to third party) and right to copy, reproduce,fix, adapt, modify, create derivative works from, manufacture, commercialize,publish, distribute, sell, license, sublicense, transfer, lease, transmit,publicly display, publicly perform, or provide access to electronically,broadcast, communicate to the public by telecommunication, display, perform,enter into computer memory, and use and practice, in any way, your User Contentas well as all modified and derivative works thereof in connection with ourprovision of the Service, including marketing and promotions of the Service.You also hereby grant to True Axis the right to authorize others to exerciseany of the rights granted to True Axis under these Terms of Service. Youfurther hereby grant to True Axis the unconditional, irrevocable right to useand exploit your name, likeness and any other information or material includedin any User Content and in connection with any User Content, without anyobligation to you. Except as prohibited by law, you waive any rights ofattribution and/or any moral rights you may have in your User Content,regardless of whether your User Content is altered or changed in any manner.True Axis does not claim any ownership rights in your User Content and nothingin these Terms of Service is intended to restrict any rights that you may haveto use and exploit your User Content. True Axis has no obligation to monitor orenforce your intellectual property rights in or to your User Content.

User Interactions

You are solely responsible for your interactions with otherusers of the Service and any other parties with whom you interact through theService and/or True Axis games. True Axis reserves the right, but has noobligation, to become involved in any way with these disputes. You will fullycooperate with True Axis to investigate any suspected unlawful, fraudulent orimproper activity, including, without limitation, granting True Axis access toany password-protected portions of your Account.

If you have a dispute with one or more users, you release us(and our officers, directors, agents, subsidiaries, joint ventures, partnersand employees) from claims, demands and damages (actual and consequential) ofevery kind and nature, known and unknown, arising out of or in any wayconnected with such disputes.

Fees andPurchase Terms

Purchases

In the Service you may purchase, with "real world"money, a limited, personal, non-transferable, non-sublicensable, revocablelicense to use (a) "virtual currency", including but not limited tovirtual Bolts, all for use in True Axis games; (b) "virtual in-gameitems" (together with "virtual currency", "VirtualItems"); and (c) other goods or services ("Skateparks andBoards"). You are only allowed to purchase Virtual Items from us or ourauthorised partners through the Service, and not in any other way.

True Axis may manage, regulate, control, modify or eliminateVirtual Items and/or Skateparks and Boards at any time, with or without notice.True Axis shall have no liability to you or any third party in the event thatTrue Axis exercises any such rights.

The transfer of Virtual Items and Skateparks and Boards isprohibited except where expressly authorized in the Service. Other than asexpressly authorized in the Service, you shall not sell, purchase, redeem orotherwise transfer Virtual Items or Merchandise to any person or entity orattempt any of the aforesaid, including but not limited to True Axis, anotheruser or any third party.

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

The provision of Virtual Items for use in True Axis games isa service provided by True Axis that commences immediately upon acceptance byTrue Axis of your purchase.

Paymentof Fees

You agree to pay all fees and applicable taxes incurred byyou or anyone using an Account registered to you. True Axis may revise thepricing for the goods and services offered through the Service at any time. YOUACKNOWLEDGE THAT TRUE AXIS IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON,AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUALITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY ORINVOLUNTARY.

Updatesto the Service

You understand that the Service is an evolving one. TrueAxis may require that you accept updates to the Service and to True Axis gamesyou have installed on your device. You acknowledge and agree that True Axis mayupdate the Service and True Axis games, with or without notifying you. You mayneed to update third party software from time to time in order to receive theService and play True Axis games.

Disclaimerof Warranties

WITHOUT LIMITING True Axis LIABILITY UNDER SECTION BELOW,THE SERVICE IS 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 APARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OFDEALING OR USAGE OF TRADE. TRUE AXIS DOES NOT WARRANT THAT YOU WILL BE ABLE TOACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THESERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; ORTHAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of certainwarranties. Accordingly, some of the above disclaimers may not apply to you.

Limitationof Liability; Sole and Exclusive Remedy; Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRUE AXIS SHALL NOTBE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVEOR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOSTPROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVERSUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESETERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANYOTHER LEGAL THEORY, AND WHETHER OR NOT TRUE AXIS HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, TRUE AXISSHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO TRUE AXISIN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELYPRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREETHAT IF YOU HAVE NOT PAID ANYTHING TO TRUE AXIS DURING SUCH TIME PERIOD, YOURSOLE REMEDY (AND True Axis EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH TRUE AXISIS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORYRIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROMGROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF TRUE AXIS OR FOR DEATH OR PERSONALINJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF TRUE AXIS.

You agree to indemnify, defend and hold True Axis (and ourofficers, directors, agents, subsidiaries, joint ventures, partners andemployees) harmless from any claim, demand, damages or other losses, includingreasonable legal fees, asserted by any third-party resulting from or arisingout of your use of the Service, or any breach by you of these Terms of Service,however the foregoing does not apply if the infringement of rights is notattributable to your intentional or negligent behavior.

DisputeResolution and Law

You agree that any claim or dispute you may have againstTrue Axis shall be governed by the laws of the State of Victoria, Australia.

Severability

You and True Axis agree that if any portion of these Termsof Service or of the True Skate Privacy Policy is found illegal orunenforceable, in whole or in part by any court of competent jurisdiction, suchprovision shall, as to such jurisdiction, be ineffective solely to the extentof such determination of invalidity or unenforceability without affecting thevalidity or enforceability thereof in any other manner or jurisdiction andwithout affecting the remaining provisions of the terms, which shall continueto be in full force and effect.

GeneralProvisions

Assignment

True Axis may assign or delegate these Terms of Serviceand/or the True Skate Privacy Policy, in whole or in part, to any person orentity at any time with or without your consent. You may not assign or delegateany rights or obligations under the Terms of Service or True Skate PrivacyPolicy without True Axis prior written consent, and any unauthorized assignmentand delegation by you is ineffective.

EntireAgreement

These Terms of Service, any supplemental policies and anydocuments expressly incorporated by reference herein (including the True SkatePrivacy Policy), contain the entire understanding of you and True Axis, and precedeall prior understandings of the parties hereto relating to the subject matterhereof, whether electronic, oral or written, or whether established by custom,practice, policy or precedent, between you and us with respect to the Service.

No Waiver

The failure of True Axis to require or enforce strictperformance by you of any provision of these Terms of Service or the True SkatePrivacy Policy or failure to exercise any right under them shall not beconstrued as a waiver or relinquishment of True Axis right to assert or relyupon any such provision or right in that or any other instance.

The express waiver by True Axis of any provision, condition,or requirement of these Terms of Service or the True Skate Privacy Policy shallnot constitute a waiver of any future obligation to comply with such provision,condition or requirement.

Except as expressly and specifically set forth in this theseTerms of Service, no representations, statements, consents, waivers, or otheracts or omissions by True Axis shall be deemed a modification of these Terms ofService nor legally binding, unless documented in physical writing, hand signedby You and a duly appointed officer of True Axis.

Notices

All notices given by you or required from you under theseTerms of Service or the True Skate Privacy Policy shall be emailed to support@trueskate.comAny notices that you provide without compliance with this Section on Noticesshall have no legal effect.

EquitableRemedies

You acknowledge that the rights granted and obligations madeunder these Terms of Service to True Axis are of a unique and irreplaceablenature, the loss of which shall irreparably harm True Axis and which cannot bereplaced by monetary damages alone so that True Axis shall be entitled toinjunctive or other equitable relief (without the obligations of posting anybond or surety or proof of damages) in the event of any breach or anticipatorybreach by you.

You irrevocably waive all rights to seek injunctive or otherequitable relief, or to enjoin or restrain the operation of the Service or anyTrue Axis game, exploitation of any advertising or other materials issued inconnection therewith, or exploitation of the Service or any content or othermaterial used or displayed through the Service and agree to limit your claimsto claims for monetary damages, limited by Limitation clauses above (if any).

ForceMajeure

True Axis shall not be liable for any delay or failure toperform resulting from causes outside the reasonable control of True Axis,including without limitation any failure to perform hereunder due to unforeseencirc*mstances or cause beyond True Axis control such as acts of God, war,terrorism, riots, embargoes, acts of civil or military authorities, fire,floods, accidents, strikes, or shortages of transportation facilities, fuel,energy, labor or materials.