PLEASE READ CAREFULLY BEFORE USING THIS APPLICATION : These Terms of Service (the “Terms”) and End User License Agreement (the “EULA”) are an agreement between you (either an individual or a single entity) and Anchor Node and its subsidiaries and affiliates (collectively, “Anchor Node”). For the Anchor Node software product(s) identified above may associate software components such as mobile applications, games, media, and other “online” documentations (collectively, our “Services”). If you do not agree upon these Terms and Platform Terms, please do not access or use this application. Anchor Node has no control over the Terms of Service that Platform indicates and has no responsibility upon their changes or acts. Anchor Node is only responsible for the Application itself. To be precise on the terms of Platform, it is which allows you to access or use the application.

ANCHOR NODE reserves the right, at its sole discretion, to change, modify, add to, supplement or delete terms and conditions of this Agreement at any time, including, without limitation, access policies, the availability of any ANCHOR NODE games feature, hours of availability, content, data, software or equipment needed to access the application, effective upon notice. ANCHOR NODE will post notification or announce any changes made to this Agreement. By continuing to use the Services that ANCHOR NODE provides, Terms are agreed upon such changes. Changes to Terms will take effect at the time of announcement or as otherwise required by applicable law. If ANCHOR NODE, at its sole discretion, believes it has material effect on user’s rights and/or obligation, other notice will be sent to reach as much users as possible to the best of ANCHOR NODE’s ability.

I. Establishment of ANCHOR NODE Account

  A. Account Registration. You may have to create an account prior to use Service, pursuant to the terms, conditions, and restrictions detailed in this Terms of Service (“Agreement”). You must be a natural person over the age of sixteen (16) or have reached the age of majority in your place of residence to maintain the account(s). Thus, Corporations, Limited Liability Companies, partnerships, or other form of legal entity are not valid under this Agreement. By accepting this Agreement, you hereby represent and warrant that you are a natural person over the age of sixteen or obtained a consent from legal representative(s) if you are not mature. You may not share your Account with anyone else. You are liable for all activities conducted through the Account.

  B. Accuracy of Information Provided. You will need to provide only accurate and complete information, and promptly update this information. You will keep your username and password confidential and secure, and will not use the same password that you use for other websites or services. You will uninstall and delete the Services before transferring any device on which they are installed. You will immediately notify us if you discover or otherwise suspect any unauthorized access to or use of your account.

  C. You may not offer to, purchase, sell, gift, share or trade any account. Any such attempt shall be null and void and may result in the termination and forfeiture of the account. Any account which has been dormant for more than one year may expire and be deleted.

II. USE OF THE SERVICES

There are limitations to your right to use ANCHOR NODE such as but not limited to the following

  A. ANCHOR NODE expressly reserves the right to create derivative works based on ANCHOR NODE services. You may not create any derivative works without prior written permission from ANCHOR NODE.

  B. Only ANCHOR NODE or authorized licenses have tight to host ANCHOR NODE Services. Accordingly, you may not host, emulate, run, operate or redirect the communication protocols used by ANCHOR NODE, regardless of method. Clear breach of this Agreement includes: protocol emulation, reverse engineering, adding components to the games, or using a utility program to host ANCHOR NODE Service. Also, all contents and components provided by ANCHOR NODE were designed to operate for your personal, non-commercial, entertainment use only.

  C. Without limiting the generality of the foregoing, you agree that you have no right to sell or otherwise transfer any of the virtual items, virtual currency, points, or any other content or information from the Services, in whole or in part, on internet auction sites (such as eBay or IGE), hack sites, private server sites, gold farming sites, or any other third-party sites or services or in return for anything of value (whether real money or otherwise). You have no rights in or to the Services unless expressly granted to you under these Terms. Your license is automatically rescinded and terminated if you breach any provision of the Terms.

  D. You shall not modify any of ANCHOR NODE Services. For example, usage of cheats or hacks tools, and third-party software to access files or secured data for any reason are strictly prohibited. Additionally, you may not utilize packet sniffing software in any system.

ANY ATTEMPT BY YOU OR ANY OTHER PLAYER ON AN ACCOUNT TRACEABLE TO YOU TO DELIBERATELY DAMAGE ANCHOR NODE’S SERVICES OR UNDERMINE THE LEGITIMATE OPERATION OF SERVICES ARE PUNISHABLE BY VIOLATIONS OF BOTH CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, ANCHOR NODE RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.

  E. You may not violate any applicable local, state, national or international law or regulation regardless of your intention.

  F. Effect of violation of Protocol. In the event ANCHOR NODE determines you have violated clause under this Agreement, ANCHOR NODE may terminate your account with or without notice and without refund.

  G. Eligibility. You represent that you are not a person barred from receiving the Services under applicable law. You also represent that you either are over the age of majority in your country or, consistent with applicable law, use the Services only with the permission and under the supervision of a parent or legal guardian that has reviewed and agreed to these Terms. Children under 13 (or as defined under applicable law) may not register for an account and may not provide any personal information to Anchor Node or others through the Services, without parental consent.

  H. Updates. Anchor Node may provide you with updates as they are made generally available by Anchor Node in its sole discretion. You acknowledge and agree that Anchor Node may provide updates to you remotely and automatically, including by (without limitation) accessing the device on which you use the Services. Any updates provided or made available by Anchor Node are part of the Services and will be subject to these Terms.

  I. Cross-border Transfers. By accepting these Terms you understand and agree that performance of these Terms and provision of the Services may require transfer of the information that we collect from your country to other countries, which may not provide the same level of protection as the European Union/European Economic Area or your home country.

III. CONTENT POSTED BY USERS

You are and will remain solely responsible for all communications, images, videos, sounds, content or part of the content of databases, databases, content and any other materials or information that you upload or transmit through the Services, including without limitation any text, voice transmissions or recordings, or gameplay clips/screenshots (“User Content”).

You represent and warrant that the User Content that you post or transmit will not:

  • Infringe the copyright, trademark, database or other intellectual property rights of a third party. You represent and warrant that you own or have all necessary licenses, rights, consents, and permissions to post or transmit the User Content on the Services and that the User Content does not violate any applicable laws, the Terms, or any third party’s right of privacy or publicity.

  • Promote unauthorized sweepstakes or contest; and will not promote a lottery, or gambling of any type.

  • Prevent or impede other users from finding information related to the Services.

  • Facilitate or promote conduct that in the sole discretion of Anchor Node involves illegal content, pornography, piracy, online pharmacies, illegal drugs, underage drinking, or socially irresponsible behavior due to alcohol or drug consumption (such as drinking and driving).

  • Instruct users how to make bombs, weapons, drugs, illegal or illicit or dangerous items, or solicit involvement in behavior or organizations that are violent or illegal under applicable laws, including without limitation terrorist threats or activities.

You acknowledge and agree that Anchor Node may (but is not required to) moderate, monitor, review, and record any User Content (including the content of your oral or written communications) that you post, transmit, or make available on or through the Services and may, without prior notice to you and in its sole judgment, remove User Content for any or no reason, at any time. You agree that such monitoring or recording can be made using software that may be installed when you download software to access or use the Services. Unless required by law, Anchor Node assumes no liability for any failure to remove, or any delay in removing, User Content and does not assume any responsibility or liability for the use and/or storage of User Content.

You hereby grant Anchor Node a royalty-free, perpetual, irrevocable, fully transferable and sublicensable, non-exclusive, worldwide right and license to use your User Content in any and all media in any manner and for any purpose (including without limitation commercial, advertising, and promotional purposes) to the greatest extent permitted by applicable law, including without limitation the rights to reproduce, copy, modify, perform, display, publish, distribute, broadcast, transmit, or otherwise communicate to the public, or create derivative works from or adapt, use or otherwise exploit by any means whether now known or unknown and without any further notice or compensation to you of any kind. To the extent permitted by applicable law, you waive any moral rights of paternity, publication, reputation, or attribution with respect to Anchor Node’s and other players’ use and enjoyment of User Content in connection with the Services. The license grant to Anchor Node, and the above waiver of any applicable moral rights, survive any termination or expiration of the Terms.

IV. INTELLECTUAL PROPERTY AND CLAIMS OF INFRINGEMENT

The Services (including any updates thereto) are protected under the copyright and other intellectual property laws of the United States, European Union, and other countries. Anchor Node and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names, and logos used on or through the Services are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of these trademarks, service marks, or logos without our prior written consent. Anchor Node owns and shall retain all rights, title, and interest, including without limitation all intellectual property rights, in and to the Services and any portions thereof.

Some content made available through the Services may contain watermarks and is controlled by other digital rights management technologies, which will restrict how you may access and use the Services. The Services may access and monitor your device (including without limitation the hard drive and other storage devices, central processing unit, random access memory, video card, and peripheral hardware, software and applications) for third-party programs or software that is prohibited under these Terms (“Unauthorized Third-Party Software”). In the event that we detect any Unauthorized Third-Party Software, Anchor Node may collect additional information such as your account name, details about the Unauthorized Third-Party Software, and the time and date, and may use this information to enforce these Terms.

Anchor Node is always pleased to hear from our players and fans, and we welcome comments and feedback regarding our Services. Any ideas, suggestions, proposals, comments, feedback, or other submissions (including without limitation those that provide feedback on our Services or suggest new content, features, products, or similar ideas) (collectively, “Feedback”), regardless of whether you provide such Feedback in a public or private medium, will not be treated as confidential or proprietary. This means that if you provide Feedback to Anchor Node, you are waiving all rights to it and are allowing it to be shared and used by us or others for any purpose, including without limitation using, sharing, and commercially exploiting the Feedback any way we see fit without any notice or compensation to you. Anchor Node does not return or regularly acknowledge Feedback we receive, and does not have any obligation related to your Feedback.

We respect the intellectual property rights of others. If you have a good faith belief that your copyrighted work or other intellectual property has been infringed and is accessible through our Services, you may notify our Designated Agent by contacting us as specified below by providing the following information in writing:

  • Identification of the copyrighted work or intellectual property, or a representative list of works or property claimed to have been infringed.

  • Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material

  • Your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary.

  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law.

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

If the content is removed, the party that posted the content may receive a notice that it was removed because of claimed infringement. We may provide them with your contact information, including email address and the name of your organization or client, and the contents of your report. If the party that posted the content believes that the content shouldn’t have been removed, they’ll be encouraged to reach out to you to try to resolve the issue directly, and they may be able to submit a counter-notification under applicable law. We terminate the privileges of users who repeatedly infringe intellectual property laws.

V. VIRTUAL CURRENCY AND VIRTUAL ITEMS

While using the Services, you may have the opportunity to visit online and in-game stores where you can obtain and use Anchor Node’s virtual currency and digital, in-game items (including early access to games still in production, as may be offered from time to time). Anchor Node also may make points available to you in connection with your use of the Services.

VIRTUAL CONTENTS, INCLUDING VIRTUAL CONTENTS EXCHANGED FOR PREPAID PAYMENT INSTRUMENTS, ARE REGARDED AS GOODS OR SERVICES, AND ARE NOT PREPAID PAYMENT INSTRUMENTS. Virtual currency and points have no “real-world” value but may be exchanged for in-game items. Items from such stores are not purchased by you, but rather are licensed to you under these Terms. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL CURRENCY, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE ITEMS OBTAINED WITH VIRTUAL CURRENCY.

Any prices, quotations and descriptions made or referred to on our Services do not constitute an offer and may be withdrawn or revised at any time before Anchor Node’s express acceptance of your order. To the extent permitted under applicable law, you agree to pay all charges, fees, and applicable taxes incurred by you or anyone else using your account or resulting from use of the Services on your device at the price(s) in effect when such charges occurred. Anchor Node may change the pricing for the Services at any time consistent with applicable law. Anchor Node reserves the right to notify you of any mistakes in product descriptions or errors in pricing prior to product dispatch. If that happens, and you choose to continue with fulfilment of the order, you acknowledge that the product or service will be provided in accordance with such revised description or corrected price.

Different payment methods, such as credit card, direct debit, PayPal, etc., may be available to you when obtaining virtual currency through the Services. When you use third-party payment and billing providers, such as PayPal, that provider’s additional terms, conditions, and costs, apply. It is your obligation to pay all federal, state, and local taxes associated with the receipt or use of the virtual items which you purchase from Anchor Node.

Certain minimums may apply to purchases of virtual currency, and certain maximums may apply depending on your transaction method. Anchor Node reserves the right to change the maximum and minimum amounts applicable to virtual currency purchases at any time without notice, consistent with applicable law.

YOU UNDERSTAND AND AGREE THAT Anchor Node WILL NOT OFFER REFUNDS FOR VIRTUAL CURRENCY OR DIGITAL, IN-GAME ITEMS UNDER ANY CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION TERMINATION OR EXPIRATION OF YOUR ACCOUNT, THESE TERMS, OR THE SERVICES, EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW. FOR RESIDENTS OF THE EEA OR OF THE UNITED KINGDOM ONLY: YOU AGREE TO IMMEDIATELY RECEIVE THE DIGITAL PRODUCTS, INCLUDING VIRTUAL CURRENCY, DIGITAL IN-GAME ITEMS AND ANY OTHER VIRTUAL CONTENTS, AND TO WAIVE YOUR CANCELLATION AND REFUND RIGHT ONCE THE DOWNLOAD OR STREAMING OF THE DIGITAL PRODUCT HAS BEGUN. If an account is permanently banned, all content licenses and virtual currency balances associated with the suspended account are forfeited. Anchor Node will have no obligation or responsibility to and will not reimburse you for any virtual currency, points, items, or experience lost due to your violation of these Terms.

Items may expire. Each item that you obtain using virtual currency or points will be included in your account until the earlier of the item’s expiration date, termination or expiration of your account, these Terms, or the Services. Price and availability of items are subject to change without notice, consistent with applicable law.

We may suspend or terminate your account if for any reason a charge you authorize us to make to your credit card or SMS/phone billing cannot be processed or is returned to us unpaid or refunded and, if such event occurs, you shall immediately remit to us payment for such charge through the use of another credit card or other payment mechanism. We are not responsible or liable for any credit card or bank-related charges or fees related to any of your transactions. We reserve the right, without prior notification, to limit the order quantity on any item or to refuse to provide you with any item. You may be required to verify your transaction information prior to our acceptance thereof.

Notwithstanding these Terms, the laws in your country may apply to the purchase of virtual goods and services supplied by Anchor Node to you and you may have rights or remedies as set out in such laws that apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in these Terms.

In the event of termination of service for reasons including, but not limited to, business or operation issues that are deemed irrecoverable, the company may suspend the service by notifying the user on the homepage 6 weeks in advance. You will then have 6 weeks before and 6 weeks after the termination of service to request a refund on the in-game virtual currency you currently own in your account. All other items, including in-game currency that have already been consumed for digital goods/services, will not be subject to refund requests. This request can be made via our Customer Service Center.

As for the Services provided in Japan, only virtual contents or in-game items that are shown as Prepaid Payment Instruments on the websites titled “Representation in accordance with the Payment Services Act in Japan” or “Prepaid Payment Instruments” shall be deemed as “Prepaid Payment Instruments” under the Payment Services Act in Japan. All other virtual contents or in-game items to be exchanged for by such “Prepaid Payment Instruments” are considered to be goods or services delivered in the game and are not considered as “Prepaid Payment Instruments” under the Payment Services Act. Unless otherwise provided for under the said Act, any “Prepaid Payment Instruments” shall not be refunded.

VI. CODE OF CONDUCT

You will not use the Services in any manner that, in Anchor Node’s sole discretion, is unlawful or could damage, disable, overburden, or impair the Services or interfere with Anchor Node’s or any others’ use and enjoyment of the Services. Without limiting the generality of the foregoing, prohibited conduct includes the following, subject to applicable law:

  • Using any hacks, cracks, bots, or third-party software that may modify, temporarily or permanently, the code or the user experience of the Services, whether locally on your device or on servers, or using any application, software or technology that is not expressly authorized by us that enables cheating, power-leveling, or accomplishing game tasks that cannot be accomplished without the use of such an application, software or technology.

  • Reverse engineering, deriving source code, modifying, decompiling, disassembling the Services or any portion thereof, or otherwise determining or attempting to determine any source code, algorithms, methods or techniques used or embodied in the Services.

  • Impersonating any person or entity or otherwise misrepresenting your affiliation, identity, or the origin of materials you transmit, or misrepresenting that your statements or actions are endorsed by Anchor Node.

  • Using any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services, or any content contained therein.

  • Removing, altering, or concealing any copyright, trademark, patent or other proprietary notices, legends, symbols, or labels (including any watermark or other digital rights management technology or other information) contained on or within the Services.

  • Taking any action that imposes an unreasonable or disproportionately large load on our network or infrastructure.

  • Hosting, providing, or developing matchmaking services for the Services without Anchor Node’s prior written approval or creating, using, or maintaining any unauthorized connections to the Services.

  • Intercepting, emulating, or redirecting the communication protocols used by Anchor Node or its designees in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to software, use of a data mining utility program to intercept, collect, read or mine information generated by the Services, or in any way utilize a technique now known or hereafter developed that would allow for or otherwise make available unauthorized access or use of the Services.

  • Using or attempting to use any viruses, malware, or any other computer code, files, programs, software, routine, or device designed to interrupt, destroy, or limit the functionality or proper working of the Services or Anchor Node’s systems or networks, including by engaging in, instigating, or facilitating any denial of service attack or similar conduct, or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network.

  • Using macros, auto-looting or robot play, or any other behavior that allows you (or any character you are controlling) to automatically function or affect any action in a game with or without your presence.

  • Creating more than one account within twenty-four hours or more than five accounts within thirty days, or otherwise exceeding your authorized access to any portion of the Services or any database, computer, or device.

  • Distributing unauthorized materials or advertising or promoting goods or services without our permission (including, without limitation, by sending spam, promotional materials, junk mail, chain letters, pyramid schemes or any other form of unauthorized solicitation).

  • Engaging in conduct that is harmful, harassing, defamatory, vulgar, obscene, hateful, threatening, abusive, inflammatory, intimidating, discriminatory, violent or encouraging of violence (including self-harm), stalking, sexually explicit, or otherwise objectionable in Anchor Node’s sole discretion, including without limitation looting, kill stealing, making sexual comments, or cursing.

  • Selling, advertising, or posting information on hacks, private servers (including sources thereof), or gold farming for the Services.

  • Creating, utilizing, or transacting in any in-game item created or copied by exploiting a design flaw, undocumented problem, or program bug.

  • Publishing, or sharing in any way, the personal information of other users, or any material, non-public information about companies without the authorization to do so.

  • Engaging in any other conduct that, in Anchor Node’s sole judgment, exposes us, any of our users, or any other third party to any liability, damages, or detriment of any type.

Violations of system or network security or attempts to disrupt or undermine the operation of the Services may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms.

WE MAY WITHHOLD, SUSPEND, MODIFY, OR TERMINATE YOUR ACCESS TO THE SERVICES FOR ANY OR NO REASON AT ANY TIME WITHOUT NOTICE UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW. If your account is suspended while you are participating in a tournament or competition, Anchor Node assumes no liability for the loss of any potential prizes or recognition related to the tournament or competition.

VII. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

ANCHOR NODE AND ITS DEVELOPERS AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, FITNESS, PERFORMANCE, OR INTEROPERABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND ANY CONTENT CONTAINED WITHIN THE SERVICES FOR ANY PURPOSE. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ANCHOR NODE AND ITS DEVELOPERS AND SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

YOU SPECIFICALLY AGREE THAT IN NO EVENT WILL ANCHOR NODE, OUR REPRESENTATIVES, MANAGERS, PARTNERS, SHAREHOLDERS, JOINT VENTURERS, THIRD-PARTY CONTRACTORS, EMPLOYEES, LICENSEES, LICENSORS, ADVERTISERS, OR AGENTS be liable for any direct or indirect, special, incidental, consequential, or punitive damages, lost profits, or other damages whatsoever arising in connection with the use of THE SERVICES, any interruption in availability of THE SERVICES, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of THE SERVICES or the data collected through THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, even if WE HAVE been advised of the possibility of such damages or loss. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR OTHER FORMS OF DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THE TERMS OF THE APPLICABLE AGREEMENTS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. THE MAXIMUM AGGREGATE LIABILITY OF ANCHOR NODE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE THE GREATER OF $100 OR THE AMOUNT YOU PAID TO ACCESS THE SERVICES, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

VIII. INDEMNIFICATION

You agree to indemnify, defend and hold ANCHOR NODE, ALONG WITH OUR REPRESENTATIVES, MANAGERS, PARTNERS, SHAREHOLDERS, JOINT VENTURERS, THIRD-PARTY CONTRACTORS, EMPLOYEES, LICENSEES, LICENSORS, ADVERTISERS, AND AGENTS, harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of our SERVICES and any alleged violation by you of these Terms. We reserve the right to assume the exclusive defense of any claim for which We are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as we reasonably request.

IX. Equitable Remedies

In the event that you breach this Agreement, you hereby agree that ANCHOR NODE would be irreparably harmed if this Agreement were violated, and therefore you agree that ANCHOR NODE will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to other remedies as ANCHOR NODE may be entitled under applicable laws.

In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.

X. MISCELLANEOUS

This Agreement shall be governed by and construed in accordance with California law, without giving effect to any principles of conflicts of law. Those who choose to access this site and/or service from other locations do so on their own initiative and are responsible for compliance with local laws, if local laws supersede and are appropriate. Software and/or service from this site is further subject to United States export controls. Thus, no software from this site and/or service shall be downloaded or otherwise exported or re-exported:

  A. into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or

  B. to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.

  C. or the U.S. Commerce Department’s Table of Denial Orders or subject to EU or EU member state financial or other sanctions.

By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the complete and conclusive agreement between the parties relating to the subject matter herein.

XI. CONTACT US

If you have questions about these Terms, please contact us at contact@anchornode.io