1. FUTGod Account
You need an FUTGod Account to access and use many FUTGod Services, including to play online.
To create an FUTGod Account, you must have a Username, and upon adding an email, provide truthful and accurate information. You must be eligible to use the FUTGod Service for which you are registering and must be a resident of a country where use of FUTGod Services is permitted.
You must be at least 13 years of age (or such other minimum age as is applicable in your country of residence) to create an FUTGod Account. If you are aged between the relevant minimum age and 18 (or the age of majority where you live), you and your parent or guardian must review this Agreement together. Parents and guardians are responsible for the acts of children under 18 years of age when using FUTGod Services. FUTGod recommends that parents and guardians familiarize themselves with parental controls on devices they provide their child.
You are responsible for the activity on your FUTGod Account. Your FUTGod Account may be suspended or terminated if someone else uses it to engage in activity that violates this Agreement.
You may cancel your FUTGod Account at any time. You also may cancel a subscription to a particular FUTGod Service at any time. Contact FUTGod's Customer Service Department at futgodapp@gmail.com to delete your FUTGod Account. To complete your request, FUTGod may collect fees or costs incurred, if allowed by law, and any amounts owed to third-party vendors or content providers.
2. License
The FUTGod Services are licensed to you, not sold. FUTGod grants you a personal, limited, non-transferable, revocable and non-exclusive license to use the FUTGod Services to which you have access for your non-commercial use, subject to your compliance with this Agreement. You may not access, copy, modify or distribute any FUTGod Service, Content or Entitlements (as those terms are defined below), unless expressly authorized by FUTGod or permitted by law. You may not reverse engineer or attempt to extract or otherwise use source code or other data from FUTGod Services, unless expressly authorized by FUTGod or permitted by law. FUTGod or its licensors own and reserve all other rights, including all right, title and interest in the FUTGod Services and associated intellectual property rights.
3. Content and Entitlements
The FUTGod Services include Content and Entitlements. Content is the software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to or from FUTGod Services, as well as the design and appearance of our websites/ apps. Content also includes user-generated Content ("UGC"). UGC includes FUTGod Account personas, forum posts, profile content and other Content contributed by users to FUTGod Services. All Content is either owned by FUTGod or its licensors, or is licensed to FUTGod and its licensors pursuant to Section 5 below.
Entitlements are rights that FUTGod licenses to you to access or use the online or off-line elements of FUTGod Services. Examples of Entitlements include access to digital or unlockable Content additional or enhanced functionality (including multiplayer services); subscriptions; virtual assets; in-game achievements; virtual points, coins, or currencies.
We refer to these virtual points, coins or currencies as "FUTGod Virtual Currency". When you obtain FUTGod Virtual Currency from us or our authorized partners, you receive a personal, limited, non-assignable, non-exclusive, revocable license to access and select the Entitlements that FUTGod expressly makes available to you.
FUTGod Virtual Currency has no monetary value and has no value outside of our products and services. FUTGod Virtual Currency cannot be sold, traded, transferred, or exchanged for cash; it only may be redeemed for Entitlements available for the FUTGod Service. FUTGod Virtual Currency is non-refundable, and you are not entitled to a refund for any unused FUTGod Virtual Currency. Once you redeem FUTGod Virtual Currency for an Entitlement, that Entitlement is not returnable, exchangeable, or refundable. If you live in Japan, you agree to use any FUTGod Virtual Currency within 180 days from the date of purchase.
You will provide at your own expense the equipment, Internet connection and charges required to access and use FUTGod Services.
4. Availability of FUTGod Services and Updates
We do not guarantee that any FUTGod Service, Content or Entitlement will be available at all times, in all locations, or at any given time or that we will continue to offer a particular FUTGod Service, Content or Entitlements for any particular length of time. FUTGod does not guarantee that FUTGod Services can be accessed on all devices, by means of a specific Internet or connection provider, or in all geographic locations.
From time to time, FUTGod may update, change or modify an FUTGod Service, Content or Entitlements, without notice to you. These updates and modifications may be required in order to continue to use FUTGod Services.
FUTGod may need to update, or reset certain parameters to balance game play and usage of FUTGod Services. These updates or "resets" may cause you setbacks within the relevant game world and may affect characters, games, groups or other Entitlements under your control.
5. Your UGC
You are responsible for your UGC. You may not upload UGC that infringes a third party's intellectual property rights or that violates the law, this Agreement or a third party's right of privacy or right of publicity.
FUTGod may, in its sole discretion, remove, edit or disable UGC for any reason, including if FUTGod reasonably determines that UGC violates this Agreement. FUTGod does not assume any responsibility or liability for UGC, for removing it, or not removing it or other Content. FUTGod does not pre-screen all UGC and does not endorse or approve any UGC available on FUTGod Services.
When you contribute UGC, you grant to FUTGod, its licensors and licensees a non-exclusive, perpetual, transferable, worldwide, sublicensable license to use, host, store, reproduce, modify, create derivative works, publicly perform, publicly display or otherwise transmit and communicate the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You also grant all other users who can access and use your UGC on a FUTGod Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant FUTGod Service without further notice, attribution or compensation to you.
6. Rules of Conduct
When you access or use an FUTGod Service, you agree that you will not:
Violate any law, rule or regulation.
Interfere with or disrupt any FUTGod Service or any server or network used to support or provide a FUTGod Service, including any hacking or cracking into a FUTGod Service.
Use any software or program that damages, interferes with or disrupts a FUTGod Service or another's computer or property, such as denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files and time bombs.
Interfere with or disrupt another player's use of a FUTGod Service. This includes disrupting the normal flow of game play, chat or dialogue within a FUTGod Service by, for example, using vulgar or harassing language, being abusive, excessive shouting (all caps), spamming, flooding or hitting the return key repeatedly.
Harass, threaten, bully, embarrass, spam or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc. Hate speech is not tolerated.
Contribute UGC or organize or participate in any activity, group or guild that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invades another's privacy, or is otherwise reasonably objectionable.
Publish, post, upload or distribute UGC or content that is illegal or that you don't have permission to freely distribute.
Publish, post, upload or distribute any content, such as a topic, name, screen name, avatar, persona, or other material or information that FUTGod (acting reasonably and objectively) determines is inappropriate, abusive, hateful, harassing, profane, defamatory, threatening, hateful, obscene, sexually explicit, infringing, privacy-invasive, vulgar, offensive, indecent or unlawful.
Post a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation or commercial activities.
Impersonate another person or falsely imply that you are a FUTGod employee or representative.
Improperly use in-game support or complaint buttons or make false reports to FUTGod staff.
Attempt to obtain, or phish for, a password, account information, or other private information from anyone else on FUTGod Services.
Make use of any payment methods to access or purchase FUTGod Services for fraudulent purposes, without permission of the authorized owner, or otherwise in connection with a criminal offence or other unlawful activity.
Use any robot, spider or other automated device or process to access this website for any purpose or copy any material on this website.
Use or distribute unauthorized software programs or tools, such as "auto" software programs, "macro" software programs, "cheat utility" software programs or applications, exploits, cheats, or any other game hacking, altering or cheating software or tool.
Modify any file or any other part of the FUTGod Service that FUTGod does not specifically authorize you to modify.
Use exploits, cheats, undocumented features, design errors or problems in an FUTGod Service.
Use or distribute counterfeit software or FUTGod Content, including FUTGod Virtual Currency.
Attempt to use an FUTGod Service on or through any service that is not controlled or authorized by FUTGod.
Sell, buy, trade or otherwise transfer or offer to transfer your FUTGod Account, any personal access to FUTGod Services, or any FUTGod Content associated with your FUTGod Account, including FUTGod Virtual Currency and other Entitlements, either within a FUTGod Service or on a third party website, or in connection with any out-of-game transaction, unless expressly authorized by FUTGod.
Use a FUTGod Service in a country in which FUTGod is prohibited from offering such services under applicable export control laws.
If a FUTGod Service requires you to create a "user name" or a "persona" to represent you in game and online, you should not use your real name and may not use a username or persona that is used by someone else or that FUTGod determines is vulgar or offensive or violates someone else's rights.
Engage in any other activity that significantly disturbs the peaceful, fair and respectful gaming environment of an FUTGod Service.
Use information about users publicly available in any FUTGod Service (e.g. on a leaderboard) for any purpose unrelated to the Service, including to attempt to identify such users in the real world.
Promote, encourage or take part in any prohibited activity described above.
If you or someone using your FUTGod Account violates these rules and fails to remedy this violation after a warning, FUTGod may take action against you, including revoking access to certain or all FUTGod Services, Content or Entitlements, or terminating your FUTGod Account as described in Section 8. In case of severe violations, FUTGod may take these actions without issuing a prior warning. Some examples of severe violations include, but are not limited to: promoting, encouraging or engaging in hacking, selling FUTGod accounts or entitlements (including virtual currencies and items) without FUTGod’s permission, extreme harassment, or threatening illegal activities. When practical, FUTGod will notify you of the action it will take in response to violations of these rules or breach of this Agreement.
Specific FUTGod Services may post additional rules that apply to your conduct on those services.
If you encounter another user who is violating any of these rules, please report this activity to FUTGod using the "Help" or "Report Abuse" functions in the relevant FUTGod Service, if available, or contact Customer Support at futgodapp@gmail.com.
FUTGod may, in its discretion, monitor or record online activity or Content on FUTGod Services and may remove any Content from any FUTGod Service at its discretion. Remember that your communications and your UGC in an FUTGod Service are public and will be seen by others.
Your use of FUTGod Services is subject to FUTGod's Privacy and Cookie Policy at http://futgod.com/GDPR-Cookie-and-Privacy-Policy, which is incorporated by reference into this Agreement.
7. Termination and Other Sanctions
This Agreement is effective until terminated by you or FUTGod. FUTGod may terminate your access and use of any FUTGod Services or your FUTGod Account if FUTGod determines that you have violated this Agreement or that there has been otherwise unlawful, improper or fraudulent use of FUTGod Services associated with your FUTGod Account. When practical, FUTGod will notify you of the termination. You may lose your user name and persona as a result of a FUTGod Account termination. If you have more than one FUTGod Account, depending on the type of violation or misuse, FUTGod may terminate all of your FUTGod Accounts and all related Entitlements. If your FUTGod Account is terminated, you will not have access to your FUTGod Account or Entitlements and may be barred from accessing or using any FUTGod Service again. Upon termination, your license under this Agreement also shall terminate.
Instead of termination and prior to any termination, FUTGod may issue you a warning, suspend or alter your access to a particular FUTGod Service or your FUTGod Account, remove or revoke Entitlements at a FUTGod Account or device level, remove or delete any content which is in violation with this Agreement, or ban your device or machine from accessing specific FUTGod Services. If FUTGod takes any action described in this Section, you will not be entitled to a refund (subject to any statutory refund rights) and no Entitlements will be credited to you or converted to cash or other forms of reimbursement.
FUTGod may terminate any FUTGod Service at any time by giving at least thirty days' notice either via email (if available), within the affected FUTGod Service. After online service termination, no software updates will be applied to our games and we can't guarantee our mobile games will continue to be available for download via iCloud (or other applicable cloud services). Any games available via iCloud after online service termination may be removed from iCloud without further notice to you.
If you believe that any action has been taken against your Account or device in error, please contact Customer Support at futgodapp@gmail.com.
Sections 5, 7-8, 11-15 of this Agreement survive termination of this Agreement.
9. Use of Data
When you use a FUTGod Service, FUTGod may collect and store data from your computer or device, including information about your computer or device and operating system (such as IP Address and device ID), information about your FUTGod Service usage, gameplay and usage statistics, system interactions and peripheral hardware (for example, to protect your game stats, FUTGod may place a randomly generated identification number in the keychain storage of your device. That identifier will be removed when you reset your device). If you play a FUTGod Service offline, this data will be stored on your device and transmitted to FUTGod when your device connects to the Internet. FUTGod uses this information to operate its business, improve its products and services, provide services to and communicate with you (including for marketing purposes), provide software updates, dynamically served content and software support, and trouble-shoot bugs or otherwise enhance your experience. If you participate in online services, FUTGod also may collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings and achievements), or identify content that is created and shared by you with other players.
Your data is collected, used, stored and transmitted by Enmity Gaming Ltd. in the United Kingdom, in accordance with FUTGod's Privacy and Cookie Policy at http://futgod.com/GDPR-Cookie-and-Privacy-Policy.
10. Other Software, Utilities and Tools
FUTGod Services may require or allow you to download software, software updates or patches, or other utilities and tools from FUTGod or its licensors onto your computer, entertainment system or device. These technologies may be different across platforms, and the performance of FUTGod Services may vary depending on your computer and other equipment. You understand that certain updates to these technologies may be required in order to continue use of an FUTGod Services. Some of these updates may contain locked features or content that require you to pay an additional fee to access them. You consent to FUTGod automatically installing any available updates for FUTGod Services. Failure to install available updates may render FUTGod Services, including FUTGod PC Products, unplayable.
11. Third-Parties
Some FUTGod Services may give you the option of playing on servers not owned or controlled by FUTGod. FUTGod does not control those services and is not responsible for your use of the FUTGod Service on or through them. These third party services may subject you to additional or different terms and restrictions.
FUTGod Services may include hyperlinks to third party web sites. Those sites may collect data or solicit personal information from you. FUTGod does not control those sites and is not responsible for their content or for their collection, use or disclosure of personal information.
12. Warranties; Limitation of Liability
IF YOU LIVE IN THE EUROPEAN ECONOMIC AREA (EEA), UNITED KINGDOM OR SWITZERLAND, THE FUTGOD SERVICES WILL BE PROVIDED WITH REASONABLE CARE AND SKILL AND NO OTHER PROMISES OR WARRANTIES ABOUT THE FUTGOD SERVICES ARE MADE. IF YOU LIVE OUTSIDE THE EEA, UNITED KINGDOM AND SWITZERLAND, FUTGOD SERVICES ARE LICENSED AND PROVIDED "AS IS." YOU USE THEM AT YOUR OWN RISK. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, FUTGOD GIVES NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR PRACTICE. FUTGOD DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PRODUCT OR FUTGOD SERVICE; THAT THE FUTGOD SERVICE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE FUTGOD SERVICE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, BUGS, CORRUPTION, LOSS, INTERFERENCE, HACKING OR VIRUSES, OR THAT FUTGOD SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE. FUTGOD DOES NOT WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED VIA ANY OTHER STORE.
IF YOU LIVE IN THE EEA, UNITED KINGDOM OR SWITZERLAND, FUTGOD AND ITS EMPLOYEES, LICENSORS AND BUSINESS PARTNERS WILL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES ARISING FROM YOUR ACTIONS OR BREACH OF THIS AGREEMENT, OR WHICH ARISE AS A RESULT OF A THIRD PARTY'S (OR ANY OTHER) ACTS OR OMISSIONS BEYOND OUR CONTROL. IF YOU LIVE OUTSIDE THE EEA, UNITED KINGDOM AND SWITZERLAND, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, FUTGOD AND ITS EMPLOYEES, LICENSORS AND BUSINESS PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES THAT WERE NOT CAUSED BY FUTGOD'S BREACH OF THIS AGREEMENT, OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES. THE TYPES OF EXCLUDED DAMAGES INCLUDE, FOR EXAMPLE, FINANCIAL LOSS (SUCH AS LOSS INCOME OR PROFITS), COST OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION OR STOPPAGE, LOSS OF DATA, LOSS OF GOODWILL, AND COMPUTER FAILURE OR MALFUNCTION. THIS LIMITATION APPLIES TO ANY CLAIM ARISING OUT OF OR RELATED TO THIS LICENSE OR FUTGOD SERVICE, WHETHER BASED IN CONTRACT, TORT, STATUTE, STRICT LIABILITY OR OTHERWISE. IT ALSO APPLIES EVEN IF FUTGOD KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGE. YOU MAY RECOVER ONLY DIRECT DAMAGES IN ANY AMOUNT NO GREATER THAN WHAT YOU ACTUALLY PAID FOR THE APPLICABLE FUTGOD SERVICE. FUTGOD DOES NOT LIMIT ITS LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILFUL MISCONDUCT, OR FOR DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE ABOVE EXCLUSIONS AND LIMITATIONS, SO SOME OR ALL OF THEM MAY NOT APPLY TO YOU.
13. General Terms
Entire Agreement
This Agreement, together with any other FUTGod terms that govern your use of FUTGod Services, constitutes the entire agreement between you and FUTGod. The Agreement may not be amended or modified unless made in writing and signed by FUTGod. The failure of FUTGod to exercise any right under this Agreement shall not constitute a waiver of the right or any other right. If any part of this Agreement is held to be unenforceable, all other parts of this Agreement shall continue in full force and effect.
Governing Law
This Agreement is between you and Enmity Gaming Limited, a company registered in the United Kingdom company registration number: 09734492 and with offices atFloor 2 555-557 Cranbrook Road, Ilford, England, IG2 6HE; (ii) the laws of your country of residence govern this Agreement and your use of FUTGod Services; and (iii) you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or FUTGod Services shall be the courts of England.
Export
You agree to follow U.S. and other export control laws and agree not to transfer an FUTGod Service to a foreign national, or national destination, that is prohibited by such laws. You also acknowledge you are not a person with whom FUTGod is prohibited from doing business under these export control laws.
14. In-App Purchases
In-game Virtual Currency and Virtual Items
The Service may include an opportunity for you to earn, buy or otherwise obtain in-game currency ("Virtual Currency") to access virtual, in-game digital goods or items ("Virtual Items"). Methods of obtaining Virtual Currency are at FUTGod's sole discretion. Virtual Currency and Virtual Items are not real currency, do not have monetary value, and may not be redeemed for legal currency, or items of value outside of the Services.
Virtual Currency and Virtual Items obtained via the Service are provided to you under a limited, personal, revocable, non-transferable, non-sublicenseable license to use within the Service. You have no property interest, right or title in or to any Virtual Currency or Virtual Items appearing or originating in the Service, and they may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service.
FUTGod has no liability for hacking or loss of your Virtual Currency or Virtual Items or any goods or services obtained via Virtual Currency. FUTGod has no obligation to, and will not, reimburse you for any Virtual Currency or Virtual Items obtained via Virtual Currency. FUTGod reserves the right, in its sole discretion and without prior notification, to change or limit the price, availability, or order quantity of any Virtual Currency or Virtual Items and to refuse to provide you with any Virtual Currency or Virtual Items.
Virtual Currency may have an expiration date. If your Virtual Currency or Virtual Items expire and you still have an active Account, FUTGod may offer conversion of such Virtual Currency into Virtual Items for you in its sole discretion, however FUTGod is under no obligation to do so. Virtual Currency and Virtual Items may be forfeited if: (a) your Account or access to the Services is terminated or suspended for any reason; (b) you breach these Terms; (c) FUTGod discontinues availability of the Service; or (d) you disassociate from the Service.
Subscriptions
In some of our games, you may pay a fee for a subscription membership ("Subscription").
When you buy a Subscription, you agree to the following:
A Subscription fee will be charged to your chosen payment method in the app store of your device's platform ("App Store"). You will be charged the Subscription fee displayed at the time of sale; and
Your Subscription will automatically renew for the applicable length of your Subscription until either you or FUTGod cancels your Subscription. By way of example, if you buy a 3-month Subscription, the Subscription will automatically renew for another 3-month period (unless either you or FUTGod cancels your Subscription).
Canceling Subscriptions:
To stop automatic renewal of your Subscription and automatic withdrawal of Subscription fees, you must cancel your Subscription within 24 hours before it renews for the length of the next Subscription period. You may cancel your Subscription at any time by managing the subscription settings at your App Store.
For the Google Play store, instructions for canceling your Subscription may be found here: https://support.google.com/googleplay/answer/7018481
For the Apple App store, instructions for canceling your Subscription may be found here: https://support.apple.com/en-us/HT202039
Other Subscription Terms:
To receive any daily rewards as part of your Subscription, you must open the game that you have the Subscription for. You will not receive rewards for the days on which you did not open the game.
Before Starting a subscription please read our FUTGod Subscriber Agreement
Payments for Subscriptions, Virtual Currencies, and Virtual Items
When you pay for a Subscription, Virtual Currencies, and/or Virtual Items, all payments are charged and processed by the App Store (e.g. the Google Play store or the Apple App store), so please review your app store's payment terms for additional payment terms that may apply.
You agree that all payments for Virtual Currency, Virtual Items, and Subscriptions are final. No refunds will be given, except in FUTGod's sole and absolute discretion.
15. Changes to this Agreement
FUTGod may modify this Agreement from time to time, so please review it frequently. For FUTGod players who accepted a version of this Agreement prior to modification, the revisions will become effective 30 days after posting at http://futgod.com/terms. Your continued use of FUTGod Services means you accept the changes. Once you accept a version of the Agreement, we will not enforce future material changes without your express agreement to them. If you are asked to accept material changes to this Agreement and you decline to do so, you may not be able to continue to use the FUTGod Service provided.
16. Dispute Resolutions by Binding Arbitration
THIS SECTION APPLIES TO ALL CONSUMERS AND PEOPLE WHO ACCEPTED THE TERMS OF THIS AGREEMENT. IT EXCLUDES RESIDENTS OF QUEBEC, RUSSIA, SWITZERLAND, BRAZIL, MEXICO, THE MEMBER STATES OF THE EEA, UNITED KINGDOM AND THE REPUBLIC OF KOREA. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU AND FUTGOD EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
This Section offers a streamlined way to resolve disputes between us if they arise. Most of your concerns can be resolved quickly and satisfactorily by emailing us at futgodapp@gmail.com. If FUTGod cannot resolve your concern, you and FUTGod agree to be bound by the procedure set forth in this Section to resolve any and all disputes between us.
This Section is an agreement between you and FUTGod, and applies to our respective agents, employees, subsidiaries, predecessors, successors, beneficiaries and assigns. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Section. This Section shall be interpreted broadly and shall survive termination of this Agreement.
Claims Covered by Arbitration
All disputes, claims or controversies arising out of or relating to this Agreement, any FUTGod Service and its marketing, or the relationship between you and FUTGod ("Disputes") shall be determined exclusively by binding arbitration. This includes claims that accrued before you entered into this Agreement. The only Disputes not covered by this Section are claims (i) regarding the infringement, protection or validity of your, FUTGod's or FUTGod's licensors' trade secrets or copyright, trademark or patent rights; (ii) if you reside in Australia, to enforce a statutory consumer right under Australia consumer law; and (iii) brought in small claims court.
Informal Negotiations
You and FUTGod shall first attempt to resolve any Dispute informally for at least 30 days before initiating arbitration. The informal negotiations commence upon receipt of written notice from one person to the other ("Notice of Dispute"). The Notice of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought. FUTGod will send its Notice of Dispute to your billing or email address. You will send your Notice of Dispute to: Enmity Gaming Limited, Floor 2 555-557 Cranbrook Road, Ilford, England, IG2 6HE ATTENTION: Legal Department.
Binding Arbitration
If you and FUTGod cannot resolve a Dispute informally, you or FUTGod may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, or if you send FUTGod a notice to the Notice of Dispute address above indicating that you are unable to pay the fees required to initiate an arbitration, FUTGod will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and FUTGod may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Limitations
YOU AND FUTGOD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator shall not consolidate another person's claims with your claims, and shall not preside over any type of representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this specific subsection is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void.
Location
If you live in the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in the County of San Mateo, State of California, United States of America, and you and FUTGod agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Recovery
If the arbitrator rules in your favor on the merits of any claim you bring against FUTGod and issues you an award that is greater in monetary value than FUTGod's last written settlement offer made before FUTGod makes its final written submissions to the arbitrator, then FUTGod will:
Pay you 150% of your arbitration award, up to $5,000 USD over and above your arbitration award; and
Reimburse the arbitration fees that you paid to the AAA.
Changes to this Arbitration Agreement
FUTGod will not enforce material changes to this agreement to arbitrate, unless you expressly agree to the changes.