SOUND GAMES TERMS OF SERVICE

Date of Last Revision: October 3rd, 2025

Acceptance of These Terms of Service

Sound Games Inc. (“Sound Games”,” “we,” “us,” or “our”)
provides our services and related content to you through our website(s)
located at https://sound.games/ (the “Site”) and online and mobile
games, including Spilled and Go Ape Ship (“Games”, and together with
our related technologies and the Site, including any updated or new
features and functionality, collectively, 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, browsing, or otherwise using the Site,
Games, or any other aspect of the Service, you acknowledge that you have
read, understood, and agree to be bound by these Terms of Service. If
you do not accept the terms and conditions of these Terms of Service,
you will not access, browse, or otherwise 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. You may read a
current, effective copy of these Terms of Service by visiting the “Terms
of Service” link on the Site and under the “Legal — Terms of Service”
section of our Games. We will also notify you of any material changes,
either through the Service user interface, a pop-up notice, email, or
through other reasonable means. 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.
If you do not agree to abide by these or any future Terms of Service,
you will not access, browse, or use (or continue to access, browse, or
use) the Service.

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 SOUND GAMES 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.

Your Privacy: At Sound Games, we respect the privacy of our users.
For more information please see our Privacy Policy, located at
https://sound.games/privacy (the “Privacy Policy”). By using the
Service, you consent to our collection, use and disclosure of personal
data and other data as outlined therein.

Additional Terms: In addition, when using certain features through
the Service, you will be subject to any additional terms applicable to
such features that may be posted on or within the Service from time to
time. All such terms are hereby incorporated by reference into these
Terms of Service.

Access and Use of the Service

Your Registration Obligations: 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. If you are under 13 years of age, you are not authorized to use
the Service, with or without registering. In addition, if you are under
18 years old, you may use the Service only with the express consent and
supervision of your parent or guardian, who is responsible for your use
of the Service, and you agree to provide true, accurate, current, and
complete information as requested by Sound Games to confirm such express
consent.

Member Account, Password, and Security: 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 immediately notify Sound
Games of any unauthorized use of your password or account or any other
breach of security. Sound Games and its current and future affiliates
(collectively, “Sound Games Affiliates”) will not be liable for any
loss or damage arising from your failure to comply with this paragraph.

Modifications to Service: Sound Games reserves the right to modify
or discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that Sound Games and Sound
Games Affiliates will not be liable to you or to any third party for any
modification, suspension, or discontinuance of the Service.

General Practices Regarding Use and Storage: You acknowledge that
Sound Games may establish general practices and limits concerning use of
the Service, including the maximum period of time that data or other
content will be retained by the Service and the maximum storage space
that will be allotted on Sound Games’ or its third-party service
providers’ servers on your behalf. You agree that Sound Games has no
responsibility or liability for the deletion or failure to store any
data or other content maintained or uploaded by the Service. You
acknowledge that Sound Games reserves the right to terminate accounts
that are inactive for an extended period of time. You further
acknowledge that Sound Games reserves the right to change these general
practices and limits at any time, in its sole discretion, with or
without notice.

Interactive Features: Certain Games may enable in-game or cross-game
voice chat or other interactive features (collectively, the
“Interactive Features”). You are responsible for anything you say
during voice chat or other Interactive Features. Do not harass, bully,
threaten, dox, impersonate, or otherwise violate our rules or the law.
We may implement safety tools (e.g., mute/block/report) and, in
accordance with applicable law and our Privacy Policy, may review,
analyze, or process voice communications for trust-and-safety (including
via third-party providers). We are not obligated to monitor any
communications and disclaim responsibility for other users’ conduct.

When using the Interactive Features, you must follow our rules and any
applicable platform code of conduct. Prohibited conduct includes: hate
speech or discriminatory slurs; threats or incitement of violence;
sexual content involving minors; doxxing or sharing others’ personal
data; illegal activity; spamming or disrupting gameplay; and evasion of
enforcement. Repeated or severe violations may lead to account or
device-level restrictions. We provide tools (such as mute, block, and
report) to help you manage interactions. Please report misconduct
through the in‑Game tools or via our support resources. We may take
actions we deem appropriate to address safety risks or violations of
these Terms of Service. Voice and communications data may be processed
to operate the Interactive Features and for trust‑and‑safety (e.g., to
investigate abuse reports). Certain voice features may allow limited,
temporary recording to support user reporting and moderation. Use of the
Interactive Features constitutes your acknowledgment of such processing
to the extent permitted by law.

Conditions of Access and Use

User Conduct: You are solely responsible for all video, images,
information, data, text, music, sound, photographs, graphics, messages
and other materials (“content”) that you make available to Sound
Games, including by uploading, posting, displaying or otherwise
transmitting (hereinafter, “transmit(ing)”) via the Service
(collectively, “User Content”). The following are examples of the
kinds of content and/or uses that are illegal or prohibited by Sound
Games. Sound Games reserves the right to investigate and take
appropriate legal action against anyone who, in Sound Games’ sole
discretion, violates this provision, including removing the offending
content from the Service, suspending or terminating the account of such
violators, and reporting the violator to law enforcement authorities.
You agree to not use the Service to:

  1. email or otherwise transmit any content that (i) infringes any
    intellectual property or other proprietary rights of any party; (ii)
    you do not have a right to transmit under any law or under
    contractual or fiduciary relationships; (iii) contains software
    viruses or any other computer code, files, or programs designed to
    interrupt, destroy, or limit the functionality of any computer
    software or hardware or telecommunications equipment; (iv) poses or
    creates a privacy or security risk to any person; (v) constitutes
    unsolicited or unauthorized advertising, promotional materials,
    commercial activities and/or sales, “junk mail,” “spam,” “chain
    letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other
    form of solicitation; (vi) is unlawful, harmful, threatening,
    abusive, harassing, tortious, excessively violent, defamatory,
    vulgar, obscene, pornographic, libelous, invasive of another’s
    privacy, hateful, discriminatory, or otherwise objectionable;
    or (vii) in the sole judgment of Sound Games, is objectionable or
    which restricts or inhibits any other person from using or enjoying
    the Service or which may expose Sound Games or its users to any harm
    or liability of any type;

  2. interfere with or disrupt the Service or servers or networks
    connected to the Service, or disobey any requirements, procedures,
    policies, or regulations of networks connected to the Service;

  3. violate any applicable local, state, national, or international law,
    or any rule, guidance, or regulations having the force of law
    (“Laws”);

  4. impersonate any person or entity, or falsely state or otherwise
    misrepresent your affiliation with a person or entity;

  5. solicit personal information from anyone under the age of 18;

  6. harvest or collect email addresses or other contact information of
    other users from the Service by electronic or other means for the
    purposes of sending unsolicited emails or other unsolicited
    communications;

  7. advertise or offer to sell or buy any goods or services for any
    business purpose that is not specifically authorized;

  8. further or promote any criminal activity or enterprise or provide
    instructional information about illegal activities;

  9. obtain or attempt to access or otherwise obtain any content or
    information through any means not intentionally made available or
    provided for through the Service;

  10. circumvent, remove, alter, deactivate, degrade, or thwart any of the
    content protections in or geographic restrictions on any content
    (including Service Content (as defined below)) available on or
    through the Service, including through the use of virtual private
    networks; or

  11. engage in or use any data mining, robots, scraping, or similar data
    gathering or extraction methods.

If you are blocked by Sound Games from accessing the Service (including
by blocking your IP address), you agree not to implement any measures to
circumvent such blocking (e.g., by masking your IP address or using a
proxy IP address or virtual private network).

Fair Play: You agree not to use, develop, advertise or distribute
cheats, exploits, automation software, bots, hacks, mods, emulators or
any unauthorized third-party software that interferes with or alters
gameplay or any Game. You may not manipulate rankings or matchmaking,
disrupt servers, probe or overload our systems or reverse engineer any
Game. We may implement anti‑cheat and security measures (including
device or account checks) and deploy updates or configuration changes to
maintain fair play and Game integrity.

Health & Safety Warnings for Gameplay: Some users may experience
discomfort, motion sickness or photosensitive seizures when exposed to
flashing lights or patterns. If you experience dizziness, altered
vision, eye or muscle twitches, loss of awareness, disorientation,
convulsions or other discomfort or health conditions, stop playing the
Games immediately and consult a doctor. Take regular breaks and do not
play any Games in situations that require your full attention (e.g.,
while driving).

Competitors: No employee, independent contractor, agent, or
affiliate of any competing company is permitted to view, access, or use
any portion of the Service for the purpose of developing a competing
platform or game.

Fees: Certain Games may be free to start or offer a limited free
experience. Certain features, levels, or content may require a one-time
purchase or other paid unlock. To the extent a Game or any portion
thereof is made available for any fee, payment will be processed through
the applicable third-party platform or distribution channel (e.g., Apple
App Store, Google Play, Steam, or other authorized platforms). You may
be required to provide information regarding your payment instrument to
such platform, and you represent and warrant that such information is
true and that you are authorized to use the payment method. You will be
responsible for all taxes associated with your purchases, other than
taxes based on Sound Games’ net income.

Payment Processing: SOUND GAMES DOES NOT PROCESS PAYMENTS FOR ANY
SERVICES DIRECTLY. All purchases are facilitated by the applicable
third-party platform or distribution channel, and are subject to that
platform’s terms, conditions, privacy policy, and refund policies
(collectively, “Platform Terms”). By making a purchase, you agree to
be bound by the applicable Platform Terms, which may be updated from
time to time by the platform provider. Sound Games has no control over,
and assumes no responsibility or liability for, the processing of
payments by such platforms.

Refunds: All payments made for Games or related content are final
and non-refundable, except as expressly permitted by the applicable
platform or distribution channel. Any requests for refunds must be
directed to, and will be handled exclusively by, the platform through
which the purchase was made. Sound Games does not provide direct
refunds.

Commercial Use: Unless otherwise expressly authorized herein or in
the Service, you agree not to display, distribute, license, perform,
publish, reproduce, duplicate, copy, create derivative works from,
modify, sell, resell, grant access to, transfer, or otherwise use or
exploit any portion of the Service for any commercial purposes. The
Service is for your personal use.

Mobile Services and Software

Mobile Services: The Service includes certain services that are
available via a mobile device, including (a) the ability to transmit
content to the Service via a mobile device, (b) the ability to browse
the Service and the Site from a mobile device, and (c) the ability to
access certain features and content through Games (collectively, the
“Mobile Services”). To the extent you access the Service through a
mobile device, your wireless service carrier’s standard charges, data
rates, and other fees may apply. In addition, downloading, installing,
or using certain Mobile Services may be prohibited or restricted by your
carrier, and not all Mobile Services may work with all carriers or
devices.

License: Subject to these Terms of Service, Sound Games hereby
grants to you a limited, revocable, non-exclusive, non-transferable,
non-sublicensable license to install and use on your personal device any
Game that you obtain the authorized right to access and/or download for
your own personal use. For clarity, the foregoing is not intended to
prohibit you from installing a Game on another device on which you also
agreed to these Terms of Service. Each instance of these Terms of
Service that you agree to in connection with a Game grants you the
aforementioned rights in connection with the installation and use of the
Game on one device.

Ownership; Restrictions: The technology and software underlying the
Service (including Games) or distributed in connection therewith are the
property of Sound Games, Sound Games Affiliates, and their licensors
(the “Software”). You agree not to copy, modify, create a derivative
work of, reverse engineer, reverse assemble, or otherwise attempt to
discover any source code, or sell, assign, sublicense, or otherwise
transfer any right in the Software. Any rights not expressly granted
herein are reserved by Sound Games.

Special Notice for International Use; Export Controls: Sound Games
is headquartered in the United States. Whether inside or outside of the
United States, you are solely responsible for ensuring compliance with
the Laws of your specific jurisdiction. Software available in connection
with the Service and the transmission of applicable data, if any, is
subject to United States export controls. No Software may be downloaded
from the Service or otherwise exported or re-exported in violation of
U.S. export Laws. Downloading, accessing, or using the Software or
Services is at your sole risk.

Third-Party Distribution Channels: Sound Games offers Software that
may be made available through the Apple App Store, the Google Play
Store, or other distribution channels (“Distribution Channels”). If
you obtain such Software through a Distribution Channel, you may be
subject to additional terms of the Distribution Channel. These Terms of
Service are between you and us only, and not with the Distribution
Channel. To the extent that you utilize any other third-party products
and services in connection with your use of the Service, you agree to
comply with all applicable terms of any agreement for such third-party
products and services.

Apple-Enabled Software: With respect to Games that are made
available for your use in connection with an Apple-branded product (the
“Apple-Enabled Software”), in addition to the other terms and
conditions set forth in these Terms of Service, the following terms and
conditions apply:

Google-Sourced Software: The following applies to any Game you
download from the Google Play Store (“Google-Sourced Software”): (a)
you acknowledge that these Terms of Service are between you and Sound
Games only, and not with Google, Inc. (“Google”); (b) your use of
Google-Sourced Software must comply with Google’s then-current Google
Play Terms of Service; (c) Google is only a provider of Google Play
where you obtained the Google-Sourced Software; (d) Sound Games, and not
Google, is solely responsible for Sound Games’ Google-Sourced Software;
(e) Google has no obligation or liability to you with respect to
Google-Sourced Software or these Terms of Service; and (f) you
acknowledge and agree that Google is a third-party beneficiary to these
Terms of Service as it relates to Sound Games’ Google-Sourced Software.

Intellectual Property Rights

Service Content: You acknowledge and agree that the Service contains
content and features (“Service Content”) that are protected by
copyright, patent, trademark, trade secret, or other proprietary rights
and Laws. Except as expressly authorized by Sound Games, you agree not
to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or
create derivative works based on the Service or the Service Content, in
whole or in part, except that the foregoing does not apply to your own
User Content that you transmit to or make available through the Service
in accordance with these Terms of Service. Any use of the Service or the
Service Content other than as specifically authorized herein is strictly
prohibited.

Trademarks: The Sound Games name and logos are trademarks and
service marks of Sound Games (collectively, the “Sound Games
Trademarks”). Other company, product, and service names and logos used
and displayed via the Service may be trademarks or service marks of
their respective owners who may or may not endorse or be affiliated with
or connected to Sound Games. Nothing in these Terms of Service or the
Service should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use any of Sound Games Trademarks
displayed on the Service without our prior written permission in each
instance. All goodwill generated from the use of Sound Games Trademarks
will inure to our exclusive benefit.

Third-Party Material: Under no circumstances will Sound Games or any
Sound Games Affiliate be liable in any way for any content or materials
of any third parties (including users), including for any errors or
omissions in any content, or for any loss or damage of any kind incurred
as a result of the use of any such content. You acknowledge that Sound
Games does not pre-screen content, but that Sound Games and its
designees will have the right (but not the obligation) in their sole
discretion to refuse or remove any content that is available via the
Service. Without limiting the foregoing, Sound Games and its designees
will have the right to remove any content that violates these Terms of
Service or is deemed by Sound Games, in its sole discretion, to be
otherwise objectionable. You agree that you must evaluate, and bear all
risks associated with, the use of any content, including any reliance on
the accuracy, completeness, or usefulness of such content.

User Content: You represent and warrant that you own all right,
title, and interest in and to such User Content, including all
copyrights and rights of publicity contained therein. You hereby grant
Sound Games and Sound Games Affiliates, and their successors and
assigns, a non-exclusive, worldwide, royalty-free, fully paid-up,
transferable, sublicensable (directly and indirectly through multiple
tiers), perpetual, and irrevocable license to copy, display, transmit,
perform, distribute, store, modify, and otherwise use your User Content
(including any name, username, voice, image or likeness incorporated
therein or otherwise provided by you), in any form, medium or technology
now known or later developed, (a) in connection with the operation of
the Service (including the Games); (b) to provide, develop and improve
the Service (including the Games) and other offerings of Sound Games,
Sound Games Affiliates and/or its licensees; (c) for the promotion,
advertising or marketing of the foregoing; and (d) as otherwise set
forth in our Privacy Policy. This license includes the right for Sound
Games and Sound Games Affiliates to make your User Content available for
syndication, broadcast, distribution, or publication by other companies,
organizations, or individuals that partner with Sound Games or a Sound
Games Affiliate. You also agree that Sound Games may remove metadata
associated with your User Content and you irrevocably waive any claims
and assertions of moral rights or attribution with respect to your User
Content. You assume all risk associated with your User Content and the
transmission of your User Content and you have sole responsibility for
the accuracy, quality, legality, and appropriateness of your User
Content.

You hereby authorize Sound Games and Sound Games Affiliates and their
third-party service providers to collect and analyze User Content and
other 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 and Sound Games Affiliates
may use Usage Data for any purpose in accordance with applicable Law and
our Privacy Policy.

Any questions, comments, suggestions, ideas, feedback, reviews, or other
information about the Service (“Submissions”), provided by you to
Sound Games or any Sound Games Affiliate are non-confidential and Sound
Games and Sound Games Affiliates will be entitled to the unrestricted
use and dissemination of these Submissions for any purpose, commercial
or otherwise, without acknowledgment, attribution, or compensation to
you.

You acknowledge and agree that Sound Games may preserve User Content and
may also disclose User Content if required to do so by Law or in the
good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process, applicable Law, or
government requests; (b) enforce these Terms of Service; (c) respond to
claims that any content violates the rights of third parties; or (d)
protect the rights, property, or personal safety of Sound Games, its
users, or the public. You understand that the technical processing and
transmission of the Service, including your User Content, may involve
(i) transmissions over various networks; and (ii) changes to conform and
adapt to technical requirements of connecting networks or devices.

Copyright Complaints: Sound Games respects the intellectual property
of others, and we ask our users to do the same. If you believe that your
work has been copied in a way that constitutes copyright infringement,
or that your intellectual property rights have been otherwise violated,
you should notify Sound Games of your infringement claim in accordance
with the procedure set forth below.

Sound Games will process and investigate notices of alleged infringement
and will take appropriate actions under the Digital Millennium Copyright
Act (“DMCA”) and other applicable intellectual property Laws with
respect to any alleged or actual infringement. A notification of claimed
copyright infringement should be emailed to Sound Games’ Copyright Agent
at help@sound.games (Subject line: “DMCA Takedown Request”). You may
also contact the Copyright Agent by mail at: 5114 Point Fosdick Dr., Ste
F 1084, Gig Harbor, WA 98335.

To be effective, the notification must be in writing and contain the
following information:

Counter-Notice: If you believe that your User Content that was
removed (or to which access was disabled) is not infringing, or that you
have the authorization from the copyright owner, the copyright owner’s
agent, or pursuant to the Law, to transmit and use the content in your
User Content, you may send a written counter-notice containing the
following information to the Copyright Agent:

If a counter-notice is received by the Copyright Agent, Sound Games will
send a copy of the counter-notice to the original complaining party
informing them that Sound Games may replace the removed content or cease
disabling it within ten (10) business days. Unless the owner of the
applicable copyrighted work or other intellectual property files an
action seeking a court order against Sound Games or the user, the
removed content may be replaced, or access to it restored, within ten
(10) to fourteen (14) business days or more after receipt of the
counter-notice, at our sole discretion.

Repeat Infringer Policy: In accordance with the DMCA and other
applicable Law, Sound Games has adopted a policy of terminating, in
appropriate circumstances and at Sound Games’ sole discretion, the
accounts of users who are deemed to be repeat infringers. Sound Games
may also at its sole discretion limit access to the Service and/or
terminate the accounts of any users who infringe any intellectual
property rights of others, whether or not there is any repeat
infringement.

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 (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 Sound
Games Affiliate, 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 Sound Games 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.

Indemnification

To the extent permitted under applicable Law, you agree to defend,
indemnify, and hold harmless Sound Games and Sound Games Affiliates, and
its and their respective officers, employees, directors, service
providers, licensors, and agents (collectively, the “Sound Games
Parties”), from any and all losses, damages, expenses, including
reasonable attorneys’ fees, rights, claims, actions of any kind, and
injury (including death) arising out of or relating to your use of the
Service (including any Game), any User Content, your connection to the
Service, your violation of these Terms of Service, or your violation of
any rights of another. Sound Games will provide notice to you of any
such claim, suit, or proceeding. Sound Games reserves the right to
assume the exclusive defense and control of any matter which is subject
to indemnification under this section, and you agree to cooperate with
any reasonable requests assisting Sound Games’ defense of such matter.
You may not settle or compromise any claim against the Sound Games
Parties without Sound Games’ written consent.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN “AS IS” AND “AS AVAILABLE” BASIS. THE SOUND GAMES PARTIES EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE SOUND GAMES PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET
YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SOUND GAMES PARTIES WILL NOT
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR
LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE
SOUND GAMES PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY,
OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE
SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO
EVENT WILL THE SOUND GAMES PARTIES’ TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID
SOUND GAMES IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED
DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET
FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE
TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE
OF THE SERVICE.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED
“INDEMNIFICATION,” “DISCLAIMER OF WARRANTIES,” AND “LIMITATION OF
LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE
LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS
HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE
INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING
PORTIONS OF THE APPLICABLE SECTIONS.

Dispute Resolution By Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

  1. Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in
these Terms of Service 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 these
Terms of Service (including any alleged breach thereof), the Service,
any advertising, or any aspect of the relationship or transactions
between us, will 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. The Federal Arbitration Act governs the interpretation
and enforcement of this Arbitration Agreement.

  1. 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.

  1. Pre-Arbitration Dispute Resolution

Sound Games is always interested in resolving disputes amicably and
efficiently, and most customer concerns can be resolved quickly and to
the customer’s satisfaction by emailing customer support at
help@sound.games. 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 will not be disclosed
to the arbitrator until after the arbitrator determines the amount, if
any, to which you or Sound Games is entitled.

  1. Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with
the American Arbitration Association’s (“AAA”) rules and procedures,
including the AAA’s Consumer Arbitration Rules (collectively, the “AAA
Rules”), as modified by this Arbitration Agreement. For information on
the AAA, please visit its website, https://www.adr.org. Information
about the AAA Rules and fees for consumer disputes can be found at the
AAA’s consumer arbitration page, https://www.adr.org/consumer. If
there is any inconsistency between any term of the AAA Rules and any
term of this Arbitration Agreement, the applicable terms of this
Arbitration Agreement will control unless the arbitrator determines that
the application of the inconsistent Arbitration Agreement terms would
not result in a fundamentally fair arbitration. The arbitrator must also
follow the provisions of these Terms of Service as a court would. All
issues are for the arbitrator to decide, including issues relating to
the scope, enforceability, and arbitrability of this Arbitration
Agreement. Although arbitration proceedings are usually simpler and more
streamlined than trials and other judicial proceedings, the arbitrator
can award the same damages and relief on an individual basis that a
court can award to an individual under these Terms of Service and
applicable law. Decisions by the arbitrator are enforceable in court and
may be overturned by a court only for very limited reasons.

Unless Sound Games and you agree otherwise, any arbitration hearings
will take place in a reasonably convenient location for both parties
with due consideration of their ability to travel and other pertinent
circumstances. If the parties are unable to agree on a location, the
determination will be made by AAA. If your claim is for $10,000 or less,
Sound Games agrees that you may choose whether the arbitration will be
conducted solely on the basis of documents submitted to the arbitrator,
through a telephonic hearing, or by an in-person hearing as established
by the AAA Rules. If your claim exceeds $10,000, the right to a hearing
will be determined by the AAA Rules. Regardless of the manner in which
the arbitration is conducted, the arbitrator will issue a reasoned
written decision sufficient to explain the essential findings and
conclusions on which the award is based.

  1. Costs of Arbitration

Payment of all filing, administration, and arbitrator fees
(collectively, the “Arbitration Fees”) will be governed by the AAA
Rules, unless otherwise provided in this Arbitration Agreement. To the
extent any Arbitration Fees are not specifically allocated to either
Sound Games or you under the AAA Rules, Sound Games and you shall split
them equally; provided that if you are able to demonstrate to the
arbitrator that you are economically unable to pay your portion of such
Arbitration Fees or if the arbitrator otherwise determines for any
reason that you should not be required to pay your portion of any
Arbitration Fees, Sound Games will pay your portion of such fees. In
addition, if you demonstrate to the arbitrator that the costs of
arbitration will be prohibitive as compared to the costs of litigation,
Sound Games will pay as much of the Arbitration Fees as the arbitrator
deems necessary to prevent the arbitration from being cost-prohibitive.
Any payment of attorneys’ fees will be governed by the AAA Rules.

  1. 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.

  1. Severability

If a court or the arbitrator decides that any term or provision of this
Arbitration Agreement (other than the subsection (b) above titled
“Prohibition of Class and Representative Actions and Non-Individualized
Relief” 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 will be enforceable as so modified. If a court or the
arbitrator decides that any of the provisions of subsection (b) above
titled “Prohibition of Class and Representative Actions and
Non-Individualized Relief” are invalid or unenforceable, then the
entirety of this Arbitration Agreement will 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 these
Terms of Service will continue to apply.

  1. Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms of Service 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 these Terms of Service (or accepted any
subsequent changes to these Terms of Service).

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
(including any Game) and remove and discard any content within the
Service (including any Game), 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
(including any Game), or any part thereof, with or without notice. You
agree that any termination of your access to the Service (including any
Game) under any provision of these Terms of Service may be effected
without prior notice, and acknowledge and agree that Sound Games may
immediately deactivate or delete your account and all related
information and files in your account and/or bar any further access to
such files or the Service (including any Game). Further, you agree that
Sound Games and Sound Games Affiliates will not be liable to you or any
third party for any termination of your access to the Service (including
any Game).

User Disputes

You agree that you are solely responsible for your interactions with any
other user in connection with the Service, and Sound Games and Sound
Games Affiliates will have no liability or responsibility with respect
thereto. Sound Games reserves the right, but has no obligation, to
become involved in any way with disputes between you and any other user
of the Service.

General

These Terms of Service (together with the terms incorporated by
reference herein) constitute the entire agreement between you and Sound
Games governing your access and use of the Service, and supersede any
prior agreements between you and Sound Games with respect to the
Service. You also may be subject to additional terms and conditions that
may apply when you use Third-Party Services, third-party content or
third-party software. These Terms of Service will be governed by the
laws of the State of Washington without regard to its conflict of law
provisions. With respect to any disputes or claims not subject to
arbitration, as set forth above, you and Sound Games submit to the
personal and exclusive jurisdiction of the state and federal courts
located within the State of Washington. The failure of Sound Games to
exercise or enforce any right or provision of these Terms of Service
will not constitute a waiver of such right or provision. If any
provision of these Terms of Service is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties’ intentions as
reflected in the provision, and the other provisions of these Terms of
Service remain in full force and effect. You agree that regardless of
any Law to the contrary, any claim or cause of action arising out of or
related to use of the Service or these Terms of Service must be filed
within one (1) year after such claim or cause of action arose or be
forever barred. A printed version of these Terms of Service and of any
notice given in electronic form will be admissible in judicial or
administrative proceedings based upon or relating to these Terms of
Service to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in
printed form. You may not assign these Terms of Service without the
prior written consent of Sound Games, but Sound Games may assign or
transfer these Terms of Service, in whole or in part, without
restriction. The section titles in these Terms of Service are for
convenience only and have no legal or contractual effect. As used in
these Terms of Service, the words “include” and “including,” and
variations thereof, will not be deemed to be terms of limitation, but
rather will be deemed to be followed by the words “without limitation.”
Notices to you may be made via either email or regular mail. The Service
may also provide notices to you of changes to these Terms of Service or
other matters by displaying notices or links to notices generally on the
Service. Sound Games will not be in default hereunder by reason of any
failure or delay in the performance of its obligations where such
failure or delay is due to civil disturbances, riot, epidemic,
hostilities, war, terrorist attack, embargo, natural disaster, acts of
God, flood, fire, sabotage, fluctuations or unavailability of electrical
power, network access or equipment, or any other circumstances or causes
beyond Sound Games’ reasonable control.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from
California are entitled to the following specific consumer rights
notice: The Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs may be
contacted (a) via email at dca@dca.ca.gov; (b) in writing at:
Department of Consumer Affairs, Consumer Information Division, 1625
North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by
telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area
consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may
contact us at Sound Games Inc., help@sound.games, 5114 Point Fosdick Dr., Ste F 1084, Gig Harbor, WA 98335.

U.S. Government Restricted Rights

The Service is made available to the U.S. government with “RESTRICTED
RIGHTS.” Use, duplication, or disclosure by the U.S. government is
subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR
252.227-7013 et seq. or its successor. Access or use of the Service
(including the Software) by the U.S. government constitutes
acknowledgement of our proprietary rights in the Service (including the
Software).

Questions? Concerns? Suggestions?

Please contact us at help@sound.games to report any violations of
these Terms of Service or to pose any questions regarding these Terms of
Service or the Service.