Sound Games Subwoofer

Terms of Service

Effective Date: April 29th, 2026

Sound Games Inc. ("Sound Games," "we," "us," or "our")
has made available a cloud-based tool known as "Subwoofer" designed to
assist developers in preparing, submitting, and monitoring applications
for their games on various third-party digital gaming platforms (the
"Service"). All access and use of the Service is subject to the
terms and conditions contained in these Terms of Service (as amended
from time to time, these "Terms of Service"). By accessing or
otherwise using the Service, you acknowledge that you have read,
understood, and agree to be bound by these Terms of Service. If you are
entering into these Terms of Service on behalf of a company, business or
other legal entity, you represent that you have the authority to bind
such entity and its affiliates to these Terms of Service, in which case
the terms "you" or "your" shall refer to such entity and its affiliates.
If you do not have such authority, or if you do not agree with these
Terms of Service, you must not accept these Terms of Service and may not
use the Service.

We reserve the right, at our sole discretion, to change or modify
portions of these Terms of Service at any time. If we do this, we will
post the changes on this page and will indicate at the top of this page
the date these Terms of Service were last revised. Your continued use of
the Service after the date any such changes become effective constitutes
your acceptance of the new Terms of Service. You should periodically
visit this page to review the current Terms of Service, so you are aware
of any revisions.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN
AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR
LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE
REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE
AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL
ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS,
NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION
OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING
MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS,
AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US
RESOLVED BY A JURY OR IN A COURT OF LAW.

USE OF THE SERVICE.

Access to the Service

Subject to the terms and conditions of these Terms of Service, you may access and use the Service only for lawful purposes. You acknowledge and agree that the Service (i) is still under development, (ii) may contain bugs, errors and defects, (iii) may function improperly or be subject to periods of downtime and unavailability, (iv) may result in total or partial loss or corruption of data, and (v) may be modified or discontinued at any time by us, including through the release of subsequent versions, all with or without notice to you. The Service is available on an "as is" basis without any warranties of any kind.

Submissions; Your Responsibilities

The Service may include certain functionality that allows you to facilitate submission of your games to various third-party digital gaming platforms. You acknowledge and agree that Sound Games' provision of such functionality is dependent on your provision of all reasonably required cooperation (including the prompt provision of any tokens, permissions, consents, or authorizations necessary to allow Sound Games to make changes to your developer account on the applicable digital gaming platforms), and you will provide all such cooperation in a diligent and timely manner.

Registration; Account Security

To access and use the Service, you may be required to register with Sound Games or provide information about yourself (e.g., name and email address) in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service's registration form. Registration data and certain other information about you are governed by our Privacy Policy (as defined below). If you are under 18 years of age, you are not authorized to use the Service, with or without registering. You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (i) immediately notify Sound Games of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session when accessing the Service. Sound Games will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Privacy Policy

Please review our Privacy Policy available at https://sound.games/privacy/index.html ("Privacy Policy"), which applies to how we collect, use and share your personal information in connection with your use of the Service or your other interactions with Sound Games. By using the Service, you agree to be bound by our Privacy Policy.

PROPRIETARY RIGHTS.

Ownership of Your Content

You are solely responsible for all data, information, photos, text, documents, links, content, and other materials that you upload, deliver, provide or otherwise transmit or store (hereafter "upload(ing)") in connection with or relating to the Service ("Your Content"). As between the parties, you exclusively own all right, title and interest in and to Your Content.

License to Your Content

By uploading Your Content on or through the Service, you hereby do and shall grant Sound Games a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content solely as reasonably necessary to provide the Service on your behalf.

Ownership of Sound Games Content

The Service and all content made available by Sound Games through the Service, including any trademarks, logos, designs, text, graphics, pictures, information, data, software, and files (the "Sound Games Content") is the proprietary property of Sound Games or our affiliates or licensors. The Sound Games Content, unless specifically stated otherwise, may not be used without the express written consent of Sound Games.

Feedback

You agree that submission of feedback, suggestions and recommendations ("Feedback") is at your own risk and that Sound Games has no obligations with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Sound Games a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, for any purpose.

Usage Data

You hereby authorize Sound Games and its third-party service providers to collect and analyze data and information relating to the Service and related systems and technologies and derive statistical and usage data relating thereto (collectively, "Usage Data"). Sound Games may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.

USER CONDUCT.

You agree that you are solely responsible for your conduct in connection
with the Service. When using the Service, you agree not to (a) infringe
or violate any copyrights, trademarks, patents, or any other
intellectual property rights; (b) promote or facilitate illegal
activity; (c) compromise the security or functioning of computers,
servers, or networks through malicious software or denial of service
attacks; (d) upload or transmit viruses, worms, trojan horses, time
bombs, cancel bots, spiders, malware or any other type of malicious code
that will or may be used in any way that will affect the functionality
or operation of the Service; (e) engage in any attack, hack,
denial-of-service attack, interference, or exploit of any smart contract
or Service except when conducted solely for the purpose of identifying
and reporting vulnerabilities, weaknesses, or potential threats within
the Service, and only within the predefined boundaries and limitations
of the Service; (f) provide false or misleading information to defraud
us or others, or engage in any deceptive practices; (g) use data mining,
scraping, or similar methods to extract information from the Service;
(h) attempt to bypass sanctions or export controls imposed on you or
your location; (i) rely on the Service for any financial or legal
decisions; or (j) use the Service to engage in fraudulent activities or
violate any applicable laws or regulations.

THIRD PARTY SERVICES AND WEBSITES.

The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties, including digital gaming platforms (the "Third-Party Services"). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store, and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage, and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy. Sound Games has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not Sound Games or any of its affiliates, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. Sound Games enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. Sound Games and its affiliates will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.

Without limiting the foregoing, the Service acts solely as an intermediary tool to assist you in preparing and facilitating game submissions to Third-Party Services and does not review, approve, or control any submission outcomes. All decisions regarding acceptance, rejection, publication, removal, or modification of any application or content are made exclusively by the applicable Third-Party Service in accordance with its own policies and procedures. Sound Games makes no representations or warranties regarding the likelihood of approval, timing of review, or continued availability of any content on such Third-Party Services.

INVESTIGATIONS.

Sound Games may, but is not obligated to, monitor or review the Service
and your use thereof at any time. If Sound Games becomes aware of any
possible violations by you of any provision of these Terms of Service,
Sound Games reserves the right to investigate such violations, and Sound
Games may, at its sole discretion, immediately terminate your right to
use the Service without prior notice to you.

INDEMNIFICATION.

You agree to indemnify and hold Sound Games and its affiliates,
officers, directors, employees, contractors, agents, and representatives
("Sound Games Parties") harmless from any claims, suits,
proceedings, damages, liabilities, losses, costs, and expenses
(including reasonable attorneys' fees) relating to or arising out of any
and all of the following: (a) your use of, or inability to use, the
Service; (b) your violation of these Terms of Service; (c) your
violation of any rights of another party; or (d) your violation of any
applicable laws, rules or regulations. Sound Games reserves the right,
at its own cost, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you
will fully cooperate with Sound Games in asserting any available
defenses. This provision does not require you to indemnify any of the
Sound Games Parties for any unconscionable commercial practice by such
party or for such party's fraud, deception, false promise,
misrepresentation or concealment, or suppression or omission of any
material fact in connection with Sound Games or any Service provided
hereunder. You agree that the provisions in this section will survive
any termination of these Terms of Service and/or your access to the
Service.

Representations and Warranties.

You represent and warrant to Sound Games that (a) you have full power and authority to enter into these Terms of Service; (b) you own all Your Content and other information uploaded to the Service or otherwise provided to Sound Games or have obtained all permissions, releases, rights or licenses required to engage in such activities (and allow Sound Games to perform its obligations) in connection with the Service without obtaining any further releases or consents; (c) Your Content and other activities in connection with the Service, and Sound Games' exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party's copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (d) you are eighteen (18) years of age or older.

DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. SOUND GAMES PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICE. SOUND GAMES PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE OR (D) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. THE SERVICE MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. Sound Games MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SOUND GAMES OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

LIMITATION OF LIABILITY.

Disclaimer of Certain Damages

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL SOUND GAMES PARTIES BE LIABLE FOR ANY (i) LOSS OF PROFITS, DIGITAL ASSETS OR DATA, (ii) INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR (iii) DAMAGES OR COSTS DUE TO LOSS OF USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT Sound Games HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (a) THE USE OR INABILITY TO USE THE SERVICE; (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (d) ANY OTHER MATTER RELATED TO THE SERVICE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

Cap on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, SOUND GAMES PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (I) $100; OR (II) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A SOUND GAMES PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A Sound Games PARTY'S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY AN Sound Games PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.

Exclusion of Damages

CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Basis of the Bargain

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Sound Games AND YOU.

DISPUTE RESOLUTION BY BINDING ARBITRATION.

Please read this Arbitration Agreement carefully. It requires you to arbitrate disputes with Sound Games and limits the manner in which you can seek relief from us.

Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in this Agreement as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and Sound Games, whether arising out of or relating to this Agreement (including any alleged breach thereof), the Service, and any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Sound Games are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury.

Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND SOUND GAMES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SOUND GAMES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

Pre-Arbitration Dispute Resolution

Sound Games is always interested in resolving disputes amicably and efficiently, and most user concerns can be resolved by emailing us at the email address set forth below. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Sound Games should be sent to 5114 Point Fosdick Dr., Ste F 1084, Gig Harbor, WA 98335 ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Sound Games and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Sound Games may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Sound Games or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Sound Games is entitled.

Arbitration Procedures

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to the Notice Address. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS's most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS's filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Sound Games will pay them for you. In addition, Sound Games will reimburse all such JAMS's filing, administrative, hearing and/or other fees for disputes, claims, or requests for relief totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Authority of Arbitrator

The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Sound Games. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and these Terms of Service (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

Batch Arbitration

If seventy-five (75) or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar disputes within 90 days of each other, then you and Sound Games agree that JAMS will administer them in batches of up to seventy-five (75) claimants each ("Batch"), unless there are less than seventy-five (75) claimants in total or after batching, which will comprise a single Batch. JAMS will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch in accordance with the JAMS Mass Arbitration Rules. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.

Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than Section 10(b) above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of Section 10(b) are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of this Agreement will continue to apply.

Exceptions

Notwithstanding the foregoing, you and the Sound Games agree that the following types of disputes will be resolved in a court of proper jurisdiction: (i) disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual dispute and not as a class, representative, or consolidated action or proceeding; (ii) disputes or claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or (iii) intellectual property disputes.

Future Changes to Arbitration Agreement

Notwithstanding any provision in this Agreement to the contrary, Sound Games agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Sound Games written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).

TERMINATION.

You agree that Sound Games, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if Sound Games believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. Sound Games may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that all of Your Content on the Service (if any) may be permanently deleted by Sound Games upon any termination of your account in its sole discretion. Further, you agree that Sound Games will not be liable to you or any third party for any termination of your access to the Service.

Miscellaneous.

Governing Law

These Terms of Service and any dispute arising hereunder shall be governed by the laws of the State of Washington, without regard to the conflicts of law provisions thereof. The exclusive jurisdiction for all disputes not subject to arbitration will be in the State of Washington and you and us each waive any objection to such jurisdiction and venue.

Entire Agreement

These terms constitute the entire agreement between you and us with respect to the subject matter hereof. These Terms of Service supersede any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of the terms.

Assignment

You may not assign or transfer these Terms of Service, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms of Service without our prior written consent shall be null and void. We may freely assign or transfer these Terms of Service. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notice

We may provide any notice to you under these Terms of Service using commercially reasonable means, including using public communication channels. Notices we provide by using public communication channels will be effective upon posting. Notices to Sound Games must be sent to the Notice Address.

Severability

If any provision of these Terms of Service shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms of Service shall not be affected.

No Waiver

Sound Games's failure to enforce any right or provision of these Terms of Service will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Sound Games. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise.

Questions, Complaints, Claims.

If you have any questions, complaints or claims with respect to the Service, please contact us at help@sound.games. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.