Imangi

Studios

Terms of Service

Last Revised: May 28, 2026

These Terms of Use govern your use of Temple Run, Temple Run 2, Temple Run 3 or any other mobile application we distribute that links to them (collectively, our “Games”).

Each of the Games is a copyrighted work belonging to Imangi Studios (“Company”, “us”, “our”, and “we”). Certain features of the Games may be subject to additional guidelines, terms, or rules, which will be posted in the Games in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

THESE TERMS OF USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE GAMES. BY CLICKING THE “AGREE” BUTTON IN A GAME, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE EITHER (I) OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT OR (II) YOU ARE OVER THE AGE OF 13 AND HAVE THE CONSENT AND ARE UNDER THE SUPERVISION OF YOUR PARENT OR LEGAL GUARDIAN; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE GAME AND DELETE IT FROM YOUR MOBILE DEVICE AND DO NOT INSTALL, ACCESS OR USE THE GAMES.

THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 13.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

1. ACCOUNTS

  • 1.1. Account Creation. When you download and install the Game, an account (“Account”) is automatically created for you. You may delete your Account at any time, for any reason, by following the instructions in the Games. Company may suspend or terminate your Account in accordance with Section 12.
  • 1.2. Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2. ACCESS

  • 2.1. Eligibility. Only persons meeting the following requirements may use the Games:
    • (a) Persons who are at or above the legal age of majority in their jurisdiction (18 years old in most states) who agree to be bound of all of these Terms; or
    • (b) Persons who are between the ages of 13 and the legal age of majority in their jurisdiction, who have the consent and are under the supervision of their parent or legal guardian and who agree, and consent, along with their parent or guardian, to these Terms.
  • 2.2. License. Subject to these Terms, your acceptance of and compliance with the same, and provided that you meet the eligibility requirements in Section 2.1 above, Company grants you a limited, non-transferable, non-exclusive, revocable, license to download, install and use the Games solely for your own personal, noncommercial use on a device controlled by you (“Device”) strictly in accordance with the Game’s documentation.
  • 2.3. Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions. You may not: (a) copy, reproduce, distribute, republish, download, display, post or otherwise transmit a Game in any form or by any means, except as expressly permitted by this license, (b) license, sell, rent, lease, transfer, assign, distribute, publish, host, exploit otherwise make available a Game, or any features or functionality of a Game, to any third party for any reason, including by making the Game available on a network where it is capable of being accessed by more than one device at any time; (c) modify, translate, adapt, make derivative works or improvements of a Game, whether or not patentable; (d) disassemble, decode, reverse compile or reverse engineer or otherwise attempt to derive or gain access to the source code of any part of a Game; (e) access a Game in order to build a similar or competitive product, game or service; (f) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from a Game, including any copy thereof; and (g) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Game. Unless otherwise indicated, any future release, update, patch, DLC, or other addition to functionality of a Game will be subject to these Terms. All copyright and other proprietary notices on or in a Game must be retained on all copies thereof.
  • 2.4. Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Games (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Games or any part thereof.
  • 2.5. No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Games.
  • 2.6. Reservation of Rights. You acknowledge and agree that each Game is provided under license, and not sold, to you. You do not acquire any ownership interest in the Games under these Terms, or any other rights thereto other than to use a Game in accordance with these Terms. Company and its licensors and Game providers reserve and retain their entire right, title, and interest in and to the Games, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms. Neither these Terms (nor your access to the Games) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.2. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

3. ACCEPTABLE USE & FEEDBACK

  • 3.1. Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
    • (a) You agree not to use the Games to collect, upload, transmit, display, or distribute any material of any kind (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
    • (b) In addition, you agree not to: (i) upload, transmit, or distribute to or through a Game or otherwise, any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Games unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Games to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Games, or violate the regulations, policies or procedures of such networks; (v) attempt to hack or otherwise gain unauthorized access to the Games (or to other computer systems or networks connected to or used together with the Games), whether through password mining or any other means; or (vi) use software or automated agents or scripts to produce multiple accounts for the Game(s), or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Games or our website (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from our website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
  • 3.2. Enforcement. We reserve the right (but have no obligation) to take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include terminating your Account in accordance with Section 12, and/or reporting you to law enforcement authorities.
  • 3.3. Feedback. If you provide Company with any feedback, information, ideas, comments or suggestions of any kind, including but not limited to feedback related to a Game or other Company projects (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company will have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

4. Updates

Company may from time to time in its sole discretion develop and provide Game updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings when your Device is connected to the internet either:

  • (a) the Game will automatically download and install all available Updates; or
  • (b) you may receive notice of or be prompted to download and install available Updates.

You will promptly download and install all Updates and acknowledge and agree that the Game or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Game and be subject to these Terms.

5. Making Purchases Through the Game(s)

Purchases through our Game are processed by the third-party application marketplaces (each a “Marketplace”) where you download the Game and may be governed by the Terms of Sale or similar terms of the relevant Marketplace. Your purchase will be linked to your account with the Marketplace. You understand and agree that you cannot transfer purchases from one account to another. You understand and agree that we are not responsible for any problems or losses associated with your Marketplace account, including without limitation, problems transferring purchases from one device to another, restoring purchases from a lost or damaged device to a different device. When you purchase items via our Games (such as those you can purchase in the App Store, Google Play, or through any other Marketplace through which the Game is distributed) we do not collect or store any payment information from you. We reserve the right to revise pricing for features offered for purchase through the Game at any time.

6. Digital Services

  • 6.1. By using the Game or through direct purchase within the Game, you may obtain access to resources such as certain in-game features, virtual tokens, coins or items (such as skins or other in-game resources) specific to the Game (all such game-specific items collectively “Digital Services”) for use with the Game. You agree that Digital Services may have no real-world, monetary value outside of the Game and may never be able to be exchanged for real money, real-world goods or real-world services from us or anyone else. You also agree that you will only obtain access to Digital Services from us, and not from any third party. You agree that Digital Services are not transferable to anyone else and you will not transfer or attempt to transfer any Digital Services to anyone else.
  • 6.2. You do not own Digital Services but instead you are obtaining or purchasing (as applicable) a limited personal revocable license to use them. Any balance of Digital Services does not reflect any stored value.
  • 6.3. You agree that, to the greatest extent permissible by law, all sales to you of licenses to Digital Services are final and that you will not be entitled to a refund in connection with any Digital Service transaction, under any circumstances, once it has been made. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you purchase a license to use Digital Services from us, you acknowledge and agree that we will begin the provision of the Digital Services to you promptly once your purchase is complete. Once delivery is made your right of withdrawal is lost. For the purposes of this Section, a “purchase” is complete at the time our payment processor processes your purchase and the applicable Digital Service is successfully credited to your account.
  • 6.4. The risk of loss of Digital Services is transferred to you upon completion of the purchase of your license to it as described in Section 6.3 above.
  • 6.5. We reserve the right to control, regulate, change or remove any Digital Services without any liability to you.
  • 6.6. We may revise the pricing for licenses to Digital Services offered through the Game at any time. We may limit the total amount of Digital Services licenses that may be purchased at any one time, and/or limit the total amount of Digital Services licenses that may be held in your account in the aggregate. You are only allowed to purchase Digital Services licenses from us or our authorized partners through the Game, and not in any other way.
  • 6.7. Without limiting this Section 6, if we suspend or terminate your Account in accordance with these Terms, you may lose access to any Digital Services that you may have accumulated, and you agree that you will not be entitled to any refund or other compensation for this loss.
  • 6.8. Our ability to permit some users to purchase Digital Services licenses may be restricted by the laws or regulations of your jurisdiction or locality. You agree that we will not be liable to you for failing to permit you to purchase licenses to or use Digital Services because of the laws of your jurisdiction or locality.

7. INDEMNIFICATION

You agree to indemnify, defend, and hold Company (and its officers, employees, directors, affiliates, agents, successors and assigns) harmless, from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Game, (b) your violation of these Terms, or (c) your violation of applicable laws or regulations. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

8. TERMS REGARDING THIRD-PARTY SERVICES

  • 8.1. Third-Party Services. The Game may display, include, make available or contain links to third-party content, websites and services, including through third party advertising (collectively, “Third-Party Services”). Such Third-Party Services are not under the control of Company, and Company is not responsible for any Third-Party Services. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Company provides access to these Third-Party Services as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services. You acknowledge and agree that Company is not responsible for Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Services

9. RELEASE

You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Game (including any interactions with, or act or omission of any Third-Party Services). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

10. DISCLAIMERS

THE GAMES ARE PROVIDED TO YOU “AS-IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE GAME, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE GAME WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, GAMES, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, ACCURATE, RELIABLE, FREE FROM HARMFUL CODE, COMPLETE, LEGAL, SAFE, AVAILABLE ON AN UNINTERRUPTED BASIS OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

11. LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY (A) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER OR DEVICE FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR (B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

12. TERMINATION

The term of this agreement commences when you download the Game. Subject to this Section, these Terms will remain in full force and effect while you use a Game. We may suspend or terminate your rights to use any or all of our Games (including your Account) at any time for any reason at our sole discretion, including our decision to cease support for the Game or for any use of the Game in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Game(s) will terminate immediately. You understand that any termination of your Account may involve deletion of your in-Game information associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your Game history or in game purchases. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.3, 3.3, 6.1(d), and 7 through 13. Termination of this Agreement will not limit any of Company’s rights or remedies at law or in equity.

13. GENERAL

  • 13.1. Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting notice of the changes in the Game(s) or on our website. Any changes to these Terms will be effective upon the earlier of 30 calendar days following our dispatch of an e-mail notice to you (if applicable) or 30 calendar days following our posting of notice of the changes in the Game(s). These changes will be effective immediately for new users of the Game(s). Continued use of a Game following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
  • 13.2. Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
    • (a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court must be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings will be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
    • (b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to the Company attn.: Terms of Use Dispute at the address listed in Section 13.8 (or such other address as may be provided by the Company for this purpose. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
    • (c) Arbitration. You agree that any dispute, claim or controversy arising hereunder or relating in any way to these Terms and not informally resolved will be settled by binding individual arbitration conducted by National Arbitration and Mediation (“NAM”), https://namadr.com, according to NAM’s Comprehensive Dispute Resolution Rules and Procedures in effect at the time the Dispute arises (the “Rules”), as modified by these Terms. The arbitration will be conducted by a single arbitrator and may be conducted remotely.

      The arbitrator’s decision is final, except for a limited review by courts under the U.S. Federal Arbitration Act and can be enforced like any other court order or judgment.

      The party filing a claim or counterclaim in the arbitration proceeding must pay the deposit(s) determined by NAM with respect to such claim or counterclaim.

      All other costs associated with the arbitration must be paid as determined by the arbitrator(s) and, in absence of such determination, equally by each party to the arbitration.

      In addition, unless the arbitrator awards payment of reasonable attorney and other fees to a party, each party to the arbitration will be responsible for its own attorneys’ fees and other professional fees incurred in connection with the arbitration.

      Determinations of the arbitrator will be final and binding upon the parties to the arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The arbitrator will apply the substantive law of the State of North Carolina, without giving effect to its conflict of laws provisions.
    • (d) Coordinated Filings. If 25 or more Notices of disputes are sent that raise similar claims and have the same or coordinated counsel, these will be considered “Coordinated Cases” and will be treated as mass filings or multiple case filings according to the Rules, if and to the extent Coordinated Cases are sought to be filed in arbitration as set forth in this Agreement. Disputes over whether a case or cases meet the contractual definition of “Coordinated Cases” will be decided by the arbitration provider as an administrative matter. Demands for Arbitration in Coordinated Cases may only be filed with the arbitration provider as permitted by the bellwether process set forth below. Applicable statutes of limitations will be tolled for claims asserted in a Coordinated Case from the time a compliant Notice of Dispute has been received by a party until, under the terms of this Agreement, the Coordinated Case is filed in arbitration or, as provided for below, in court.

      Once counsel in the Coordinated Cases has advised us that all or substantially all Notices of dispute have been provided for those cases, counsel for the parties shall confer in good faith regarding the number of cases that should proceed in arbitration as “bellwethers,” to allow each side a reasonable opportunity to test the merits of its arguments. If counsel for the parties do not agree on the number of bellwethers, an even number will be chosen by the arbitration provider as an administrative matter (or, in the arbitration provider’s discretion, by a process arbitrator). Factors that the arbitration provider may consider in deciding how many bellwether trials to order include the complexity of the dispute and differences in facts or applicable laws among various cases. Once the number of bellwethers is fixed, by agreement or by the arbitration provider, each side shall select half that number from among the claimants who have provided compliant Notices of dispute, and only those chosen cases may be filed with the arbitration provider. No other cases may be filed until those bellwether matters have concluded, and we cannot be required to pay any fees associated with arbitration demands other than those permitted to be filed as bellwethers. The parties acknowledge that resolution of Coordinated Cases not selected as bellwethers will be delayed by this bellwether process.

      Unless the parties agree otherwise, each bellwether trial should be assigned to a different arbitrator.

      Only bellwether trials will proceed in arbitration. Once all bellwether trials have concluded (or sooner if all parties’ counsels agree), the parties must engage in a single mediation of all remaining Coordinated Cases, with each side paying half the applicable mediation fee. If we cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter.

      If the mediation does not yield a global resolution, this arbitration requirement will no longer apply to Disputes that are the subject of Coordinated Cases for which a compliant Notice of dispute was received by the other party but that were not resolved in bellwether proceedings. Such disputes may be filed only in the state courts in Wake County, North Carolina, or if federal jurisdiction exists, in the United States District Court for the Eastern District of North Carolina, and you consent as part of the Agreement to venue such cases exclusively in these courts. To the extent you are asserting the same claims as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable.
    • (e) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. In the event any litigation should arise between you and the Company in any state or federal court, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
    • (f) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
    • (g) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
    • (h) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
    • (i) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
    • (j) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, complaint or remedy under the EU General Data Protection Regulation, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
    • (k) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Wake County, North Carolina, for such purpose.
    • (l) Export. The Game(s) may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.
  • 13.3. Disclosures. Company is located at the address in Section 13.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
  • 13.4. Electronic Communications. The communications between you and Company use electronic means, whether you use the Games or send us emails, or whether Company posts notices on the Games or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
  • 13.5. Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Game(s). Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Company. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
  • 13.6. Copyright/Trademark Information. Copyright © 2011-2025 Imangi Studios LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed in or on the Games are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
  • 13.7. Apple Device and Application Terms. If you are accessing a Game via an application on a device provided by Apple, Inc. (“Apple”) or an application obtained through the Apple App Store (each a “Game”), the following shall apply:
    • (a) Both you and Company acknowledge that these Terms are concluded between you and Company only, and not with Apple, and that Apple is not responsible for the Game or the content therein;
    • (b) The license granted to you is a non-transferable license to use the Game on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Game may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing;
    • (c) Both you and Company acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Game;
    • (d) In the event of any failure of the Game to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure, and Apple will refund the purchase price for the Game to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Game, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will, as between Apple and Company, be Company’s sole responsibility;
    • (e) Both you and Company acknowledge that, as between Company and Apple, Company, not Apple, is responsible for addressing your claims or the claims of any third party relating to the Game or your possession and/or use of the Game, including, but not limited to: (i) product liability claims; (ii) any claim that the Game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation;
    • (f) Both you and Company acknowledge and agree that, in the event of any third party claim that the Game or your possession and use of the Game infringes that third party’s intellectual property rights, Company, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
    • (g) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
    • (h) You agree to direct any questions, complaints or claims with respect to the Game to the Company using the contact information provided in Section 13.8 below.
    • (i) Both you and Company acknowledge and agree that, in your use of the Game, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
    • (j) Both you and Company acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
    • (k) Apple, the Apple logo, iPhone and iPad are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.
  • 13.8. Contact Information:
    Imangi Studios LLC
    Address: 9650 Strickland Road
    Suite 103-108, Raleigh, NC 27615
    Email: support@imangistudios.com