TERMS OF SERVICE | Iron Maiden Legacy of the Beast

THE NODDING FROG SERVICES

This website (or other service, for example, games such as “Iron Maiden: Legacy of the Beast) is operated by Nodding Frog Limited (“Nodding Frog”, “we”,”us” and “our”). These Terms of Service (“TOS”) govern each user’s access to and use of this site or services provided by Nodding Frog (the “Nodding Frog Services”), whether accessed through the Internet or any other medium now known or hereafter invented on any device now known or hereafter invented.

The Nodding Frog Services may include any one or more of the following: viewing and/or using a website, whether publicly accessible or with restricted access; online games such as Iron Maiden: Legacy of the Beast; contests; email subscription lists; search services; online stores (and other shopping services) for the browsing and purchasing of merchandise, and other items; email, chat, instant messaging, message boards, comments, forums, blogs, social networking, and other forms of online and/or electronic communication; the uploading and downloading of music, photos, text, video, and other audio and visual content; the viewing of and listening to audio and visual content; personalized content and other creative and/or interactive tools and activities; and any other features, functionality, materials or activities which may be available from time to time on a Nodding Frog site or other service. Internet access is not included in the Nodding Frog Services and separate third party fees may apply.

AGE REQUIREMENTS

In order to use the Nodding Frog Services, you must be at least the minimum age in your residential jurisdiction (the “Minimum Age”). For most parts of the world this is 13 years of age. The exceptions are as follows: Austria – 14 years old; Finland – 15 years old; France, Germany, Hungary, Lithuania, Luxembourg, Netherlands, and Slovakia – 16 years old. If you are under the Minimum Age, you may not use the Nodding Frog Services and you are instructed to leave this website or other Service. Your profile, membership, subscription, registration, posted content, messages, communications, and/or other materials or accounts may be deleted and or terminated without refund or warning if we believe, in our sole discretion, that you are under the Minimum Age.

LEGAL AGREEMENT BETWEEN YOU AND NODDING FROG; VISITORS AND REGISTERED USERS

These TOS constitute a legal agreement between the user of the Nodding Frog Services (“you”) and Nodding Frog. By visiting the Nodding Frog Site, whether you are a “Visitor” (which means that you only browse a site on the Nodding Frog Service) or a “Registered User” (which means that you have registered as a user of the Nodding Frog Services), and/ or purchased something from us, you engage in the Nodding Frog Service and therefore agree to be bound by the following these TOS, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

MODIFICATION OF THESE TERMS OF SERVICE

Nodding Frog may wish to update or change this TOS from time to time to reflect changes in the Nodding Frog Services, changes in the laws affecting the Nodding Frog Services, changes in Nodding Frog’s policies, or for other reasons. When we do, Nodding Frog will endeavor to provide notice to users in one or more of the following ways: (1) Nodding Frog will update the “last updated” date at the bottom of this TOS; (2) Nodding Frog may post notice of the update on the website or other Service; and/or (3) Nodding Frog may email notice of the update to the Registered Users. You understand that Nodding Frog reserves the right to make these changes and that you are responsible for regularly reviewing this TOS as posted on the website or other Service. Continued access to or use of the Nodding Frog Services after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the Nodding Frog Services shall be subject to this TOS, as modified from time to time.

VIRTUAL CURRENCY

You acknowledge that the Nodding Frog Services may include a component of fictional credits or currencies, an example of which is “Ironie” (collectively, “Virtual Currency”). The Virtual Currency may be used exclusively within the Services (in particular, within the Iron Maiden: Legacy of the Beast game) to gain access to and certain limited rights to use virtual items for use exclusively within the game (“Game Items”). Regardless of the terminology used, Virtual Currency represents a limited license right governed solely under these Terms of Service, and is not redeemable for any sum of money or monetary value from Nodding Frog or any other person or entity at any time. Virtual Currency provided by Nodding Frog includes only a limited license right to use Virtual Currency. Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use Virtual Currency on and in the Nodding Frog Services including in or for any games, applications or other services provided or offered on or through websites and/or third party platforms, you agree that you have no right, title or ownership in or to any such Virtual Currency.

You acknowledge and agree that Virtual Currency and Game Items have no cash value and that neither Nodding Frog nor any other person or entity has any obligation to exchange your Virtual Currency or Game Items for anything of value, including without limitation, real currency, and that, if your Account is terminated, suspended or otherwise modified or if your right to access the Services is terminated, the Virtual Currency, Game Items, and your Account shall have no value.

Nodding Frog reserves the right to charge fees for the right to access or use Virtual Currency or Game Items, and/or may distribute Virtual Currency or Game Items without charge, in its sole discretion. For example, Nodding Frog may, as a promotion or benefit of membership, provide users with a certain amount of Virtual Currency or Game Items or a certain Game Item based upon the completion of an activity, such as signing up a certain number of users. You acknowledge and agree that Nodding Frog may revise or take action that impacts the perceived value of or pricing for any Virtual Currency, Game Items and/or any Services at any time.

All purchases of Virtual Currency and Game Items are final and under no circumstances will be refundable, transferable or exchangeable. By purchasing Virtual Currency and Game Items (e.g. clicking or tapping the relevant purchase button), you are confirming that you want the Virtual Currency and/or Game Item immediately credited to your Account and that by doing so you lose any cancellation rights under applicable laws, including but not limited to the EU Consumer Rights Directive (2011/83/EU) and/or any national laws implementing it.

Nodding Frog has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Game Items as it sees fit in its sole discretion, and Nodding Frog shall have no liability to you or anyone else for the exercise of such rights. For example, Virtual Currency and Game Items will be lost, deleted from your Account, or forfeited when/if your Account is terminated, suspended or closed for any reason or when Nodding Frog discontinues any or all of the Services, including without limitation any Services provided or offered through third party platforms.

Nodding Frog reserves the right, in its sole discretion, to make all calculations regarding the balance of Virtual Currency in your Account. Nodding Frog further reserves the right, in its sole discretion, to determine the number of Virtual Currency that are credited and debited from your Account in connection with your use of the Services (including any services provided or offered through third party platforms), entry into Promotions, and/or purchase of Game Items. While Nodding Frog strives to make all such calculations on a consistent and reasonable basis, you hereby acknowledge and agree that Nodding Frog’s determination of the amount of Virtual Currency in your Account is final, unless you can provide documentation to Nodding Frog that such calculation was or is incorrect.

VIRTUAL CURRENCY TRANSFERS

Any unauthorized transferring, trading, selling or exchanging of any Virtual Currency, Game Items, or Accounts (“Unauthorized Transactions”) to anyone, including among other users of the Services is not sanctioned by Nodding Frog and is strictly forbidden. All users who participate in such activities do so at their own risk and hereby agree to indemnify Nodding Frog against any and all consequences resulting from such actions. You acknowledge that Nodding Frog may stop, suspend, terminate, discontinue, or reverse any Unauthorized Transaction, regardless of when such Unauthorized Transaction occurred (or have yet to occur) when it suspects or has evidence of fraud, violations of the TOS, violations of any other applicable law or regulation, or any intentional act designed to interfere at all with the normal operation of the Services. You further agree that Nodding Frog may, in its sole discretion, reverse any transaction that is in its best interest, or may debit your balance of Virtual Currency, including without limitation, taking actions, which may cause your balance to be zero and/or a negative amount. Nodding Frog may, in its sole discretion, terminate, suspend, or modify your Account if you engage or assist in any Unauthorized Transaction. Verification of certain information applicable to a transaction involving Virtual Currency and/or Game Items may be required prior to Nodding Frog’s acceptance thereof. Nodding Frog may replace such lost Virtual Currency and/or under certain circumstances, at its sole discretion on a case-by-case basis, without incurring any obligation or liability.

You may be required to provide Nodding Frog’s designated agent with your credit card number or other billing information, and related information, in order to purchase Virtual Currency or Game Items. You may also have the option of participating in third party offers to receive Virtual Currency. Nodding Frog is not responsible or liable to you for any credit card or bank-related charges and fees related to your transactions for the Services, including through third party platforms, or for your participation in any third party offers. All such transactions are administered by a third party payment processor and/or store. Nodding Frog expressly disclaims any liability for any such transactions, and you agree that your sole avenue of recourse regarding such transactions is through such third party processor and/or store. You acknowledge and agree: (a) that any credit card transaction-related information will be dealt with as described in the privacy policy of the third-party payment processor(s) or stores used by Nodding Frog including through third party platforms, (b) that all credit card and other payment related information that you provide to Nodding Frog’s designated payment processor or store, or a third party providing offers, is accurate, current and complete; (c) that you will pay any and all charges incurred by you or any authorized user of your payment method resulting from your purchase at the rate(s) in effect when such charges are incurred; and (d) that you are responsible for any and all federal, state and local taxes relating to or arising from your purchase.

RESTRICTIONS ON USE OF SERVICES

You understand that you are responsible for all content that you post, upload, transmit, email or otherwise make available in connection with the Nodding Frog Services (collectively, “User Content”). Additionally, you acknowledge that you have no expectation of privacy in or confidentiality with respect to your User Content. Accordingly, please choose User Content carefully.

You agree not to (and not to assist others to) use the Nodding Frog Services to:

1. 1. Post, upload or otherwise transmit or link to content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
  2. Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
  3. Harass or harm another person;
  4. Exploit or endanger a minor;
  5. Impersonate or attempt to impersonate any person or entity;
  6. Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
  7. Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising the Nodding Frog Services;
  8. Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Nodding Frog Services, including Nodding Frog’s servers, networks or accounts;
  9. Cover, remove, disable, block or obscure advertisements or other portions of the Nodding Frog Services;
  10. Delete or revise any information provided by or pertaining to any other user of the Nodding Frog Services;
  11. Use technology or any automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the Nodding Frog Services, or to circumvent or modify any security technology or software that is part of the Nodding Frog Services;
  12. Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Nodding Frog Services. If you do so, you acknowledge you will have caused substantial harm to Nodding Frog, but that the amount of harm would be extremely difficult to measure. To the fullest extent permitted by applicable law, as a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, you agree to pay Nodding Frog $50 for each actual or intended recipient of such communication;
  13. Solicit, collect or request any personal information for commercial or unlawful purposes;
  14. Post, upload or otherwise transmit an image or video of another person without that person’s consent;
  15. Engage in commercial activity (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the Nodding Frog content; or building a business using the Nodding Frog content) without Nodding Frog’s prior written consent;
  16. Use technology or other means to access, index, frame, scrape, or link to any Nodding Frog online games (including the content) that is not authorized by such game (including by removing disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of Nodding Frog content);
  17. Access any Nodding Frog online game (including the content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the online game, and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
  18. Knowingly misuse bugs to take advantage and disturb any Nodding Frog;online game’
  19. Use the Nodding Frog Services to advertise or promote competing services;
  20. Use the Nodding Frog Services in a manner inconsistent with any and all applicable law;
  21. Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.

Nodding Frog reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by Nodding Frog, or for any other reason, in Nodding Frog’s sole discretion and without notice to you. You acknowledge that Nodding Frog reserves the right to investigate and take appropriate legal action against anyone who, in Nodding Frog’s sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.

ACCOUNT SUSPENSION/DELETION/RESTRICTION OF ACCESS

Nodding Frog may suspend, terminate, modify, or delete any Iron Maiden: Legacy of the Beast account, or any other account you may hold in connection with the Nodding Frog Services, at any time for any reason, which may include your breach of this TOS or inactivity, with or without notice to you.

Nodding Frog reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to the Nodding Frog Services or any portion thereof at any time, without prior notice. Upon termination of your Nodding Frog account, your right to use the Nodding Frog Services immediately ceases and all benefits associated with your membership are immediately terminated. Any or all of the Nodding Frog Services may be discontinued at any time without notice or refund.

PRIVACY POLICY

You may be required to register to use some of the Nodding Frog Services, in particular, any online games. As part of such registration, you may be required to provide information about yourself, and you are required to update this information as necessary in order to keep it current. Additionally, data pertaining to your online communications, transactions, purchase history and usage patterns may be collected, analyzed and stored. Nodding Frog’s policies regarding its use and limited disclosure of your personal information are set forth in the Privacy Policies connected to each online game. Each such Privacy Policy is hereby incorporated by reference into this TOS. By agreeing to this TOS, you are also agreeing to the applicable Privacy Policy on any Nodding Frog online game you may have registered for. Please carefully review the relevant Privacy Policies. If you do not accept the relevant Privacy Policies in their entirety, you are not permitted to access or use the applicable Nodding Frog Service / online game. The Privacy Policies shall supersede any conflicting terms contained in this TOS.

CUSTOMER SERVICE

Our customer service is open from 10am – 6pm Pacific Time, Monday through Friday, excluding holidays. Should you have questions, please contact Customer Service at support@ironmaidenlegacy.com. We prioritize responses that concern purchase bugs, missing items lost accounts and, given the volume of messages we receive, it is possible that you may not get a response on other more general subjects such as server connectivity or disconnects.

TECHNICAL REQUIREMENTS

In order to use the Nodding Frog Services, we recommend that you access them using up to date hardware and software. Nodding Frog is not responsible for any failure to operate the Nodding Frog Services resulting from the hardware and software you use to access them. In addition to the above, the features set out below must be enabled on your web browser. Please refer to your browser’s documentation for information on how to enable these features.

Cookies
JavaScript

COOKIES

A cookie is a very small text file that a website saves to your computer’s hard disk to store information that you provide about yourself or to store your preferences. You may have the ability to accept or decline cookies using the settings on your browser. However, if you choose to decline cookies, you may not be able to sign in or use the Nodding Frog Services. Please reference the applicable Privacy Policy for further details.

ERRORS, INACCURACIES OR OMISSIONS

Occasionally there may be information on a site or in the Nodding Frog Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

THIRD-PARTY SITES, SERVICES AND FUNCTIONALITY

Nodding Frog sites may incorporate, embed and/or contain links to other websites, services and functionality controlled or operated by persons and companies other than Nodding Frog (“Incorporated Services”). The Incorporated Services are not under the control of Nodding Frog and Nodding Frog is not responsible for the contents, operation or failure to operate of any Incorporated Services. Nodding Frog is not responsible for web casting or any other form of transmission received from any Incorporated Service, nor is Nodding Frog responsible if the Incorporated Service is not working correctly. The inclusion of any Incorporated Service does not imply endorsement by Nodding Frog or any association with its operators. You are responsible for viewing and abiding by the privacy policy and terms of service posted by the Incorporated Services. You are solely responsible for any dealings with third parties (including advertisers) who support the Nodding Frog Services or are identified on Nodding Frog sites, including the delivery of and payment for goods and services.

YOUR FEEDBACK AND SUGGESTIONS SUBMITTED TO NODDING FROG

Nodding Frog wants your voluntary feedback and suggestions regarding the Nodding Frog Services so that we can continually improve the Nodding Frog Services for you and other customers. When you submit feedback and suggestions, please understand that Nodding Frog needs to have full rights to use your feedback and suggestions without any encumbrances. In particular, you understand and agree that by submitting any feedback or suggestions to Nodding Frog, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Nodding Frog and its affiliated companies permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions. These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to Nodding Frog’s use of the materials contained within such feedback or suggestions. Nodding Frog is under no obligation to post or use any materials you may provide and may remove such materials at any time at Nodding Frog’ sole discretion. This section is not applicable to any personally identifiable information that you provide in connection with your registration for the Nodding Frog Services, or to any data pertaining to your online transactions, purchase history or usage patterns. For terms and conditions governing the use of such information and data, please refer to the applicable Privacy Policy.

SOFTWARE AVAILABLE ON THE NODDING FROG SERVICES

All software (if any) that is made available to view and/or download from the Nodding Frog Services (“Software”) is owned by and is the copyrighted work of Nodding Frog and/or its suppliers, licensors or affiliates. Your use of the Software is governed by the terms of the license agreement, if any, that accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Nodding Frog hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the Nodding Frog Services in accordance with these Terms of Service, and for no other purpose, provided that you keep intact all copyright and other proprietary notices. All Software is owned by Nodding Frog and/or its suppliers, licensors or affiliates and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of Canada. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to Canadian export restrictions. You understand that any unauthorized use of the Software would result in irreparable injury to Nodding Frog for which money damages would be inadequate and in such event Nodding Frog will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.

WARRANTY DISCLAIMER

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not represent or warrant that the information or material, including the downloadable software, accessed from or through this website or any other source will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

MOREOVER, NODDING FROG AND ITS SUPPLIERS, LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTY ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND OTHER MATERIALS CONTAINED ON OR OBTAINED THROUGH THE NODDING FROG SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. NODDING FROG AND ITS SUPPLIERS, LICENSORS AND AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY

IN NO EVENT SHALL NODDING FROG, ITS SUPPLIERS, LICENSORS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE NODDING FROG SERVICES, WITH THE DELAY OR INABILITY TO USE THE NODDING FROG SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE NODDING FROG SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE NODDING SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF NODDING FROG OR ANY OF ITS SUPPLIERS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE NODDING FROG SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NODDING FROG SERVICES. In no event will Nodding Frog’s liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by you for the Nodding Frog Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

DISPUTE RESOLUTION: BINDING ARBITRATION

Any dispute or controversy between you and Nodding Frog (or any assignee or other successor-in-interest of Nodding Frog) in any way arising out of, related to, or connected with this TOS, the Privacy Policy, or the Nodding Frog Services, shall be resolved through final and binding arbitration in Vancouver, British Columbia. In the event of such arbitration, each party shall be responsible for paying its own costs and expenses incurred in connection therewith, including, but not limited to, attorneys’ fees. The parties shall share equally the costs of the arbitration, including, but not limited to, the arbitrator’s fees and any and all other administrative costs of the arbitration. The parties each agree to submit to any court of appropriate jurisdiction located in Vancouver, British Columbia, for purposes of compelling arbitration pursuant to this paragraph, or to enforce any interim or final award entered into by the arbitrator. The arbitrator shall have no power to add to, subtract from, or modify in any way, the terms of this TOS. Notwithstanding the foregoing, for any violation of this TOS which may not be reasonably or adequately compensated by monetary damages, Nodding Frog shall be entitled to court mandated injunctive or equitable relief against your breach of this TOS, in addition to other remedies.

You and Nodding Frog agree that any dispute between you and Nodding Frog shall be limited to the dispute between Nodding Frog and you individually. To the full extent permitted by law, (1) no arbitration or litigation shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated or litigated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

INTELLECTUAL PROPERTY NOTICES

Nodding Frog sites and Nodding Frog Services, and all related technology and content: Copyright © 2020 by Nodding Frog Limited or its suppliers or licensors. The company, product, and brand names of companies, products and services mentioned herein or on a Nodding Frog site or Nodding Frog Service may be the trademarks and service marks of their respective owners.

Nodding Frog Limited has trademarks, copyrights, and/or other intellectual property rights covering subject matter in or related to the Nodding Frog Services or on a Nodding Frog site. Except as expressly provided in this TOS, the provision of the Nodding Frog Services and the display of Nodding Frog sites to you does not give you any license to these trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.

MISCELLANEOUS

This TOS is governed by the laws of British Columbia, Canada, without regard to its rules pertaining to conflicts of laws. Nodding Frog makes no representation that materials on a Nodding Frog Site are appropriate or available for use in locations outside Canada and accessing them from territories where their contents are illegal is prohibited. Those who choose to access a Nodding Frog Site or use Nodding Frog Services from other locations do so on their own initiative and are responsible for compliance with local laws. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Nodding Frog as a result of this TOS or use of the Nodding Frog Services. You may not assign this TOS without the prior written consent of Nodding Frog. Nodding Frog may assign this TOS, in whole or in part, at any time. Nodding Frog’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this TOS is in derogation of Nodding Frog’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Nodding Frog Services or information provided to or gathered by Nodding Frog with respect to such use. You agree to indemnify and hold Nodding Frog, its parents, subsidiaries, affiliates, officers, employees, suppliers and licensors harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Nodding Frog Services. If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this TOS shall continue in effect. This TOS (including the documents expressly incorporated herein by reference; namely, the Privacy Policy) constitute the entire agreement between you and Nodding Frog with respect to the Nodding Frog Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Nodding Frog with respect to the Nodding Frog Services. A printed version of this TOS and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

CONTACT US

If you have questions regarding these TOS, please contact Customer Service at support@ironmaidenlegacy.com.