Terms of Service

Effective Date: 2019-05-20

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.

These Terms of Service (these “Terms”) govern the relationship between you and Planetary Annihilation Inc., a Delaware corporation and its affiliates (collectively, “Planetary Annihilation”, “we”, “us”, and their derivatives) in connection with your use of our games, including Planetary Annihilation® and Planetary Annihilation: Titans™ (the “Games”); websites, including the https:/planetaryannihilation.com/ website; the Planetary Annihilation Forums available at https://forums.planetaryannihilation.com/; PAnet at https://planetaryannihilation.net/, and their subdomains (the “Websites”); and other online services (with the Games and the Websites, collectively, the “Services”). Use of the Services is also governed by Planetary Annihilation’s Privacy Policy, which is incorporated herein by reference (the “Privacy Policy”).

BY INSTALLING, USING, OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THESE TERMS AND ACKNOWLEDGE AND CONSENT TO OUR PRIVACY PRACTICES AS DESCRIBED IN OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OR CONSENT TO OUR PRIVACY POLICY, PLEASE DO NOT INSTALL (IF APPLICABLE), USE, OR OTHERWISE ACCESS ANY OF THE SERVICES. YOU ARE NOT AUTHORIZED TO USE THE SERVICES WHERE SUCH USE IS PROHIBITED.

Note that, to use the Services, you may be required to register an account with us (each, an “Account”). By registering for an Account or otherwise using the Services, you represent that you are age 13 or older or of sufficient age to form a contract in the jurisdiction in which you live. If you are between the ages of 13 and 17, your legal guardian must review and agree to these Terms before you may use the Services.

1. LICENSE

1.1. Grant of a Limited License to Use the Services

Subject to your agreement and continuing compliance with these Terms and any other relevant Planetary Annihilation policies, Planetary Annihilation grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license while these Terms are effective (subject to the limitations below) to access and use the Services for your own non-commercial entertainment purposes. You agree not to use the Services except as expressly permitted by these Terms.

The following restrictions, in addition to any other restrictions set forth in these Terms or any other relevant Planetary Annihilation policies, apply to the use of the Services:

  • You shall not create an Account or access the Services if you are under the age of 13;
  • You shall not allow or facilitate any access to or use of the Services by any person under the age of 13;
  • If you allow or facilitate any access to or use of the Services by any person under the age of 13, you accept full responsibility and liability relating to such prohibited access and use;
  • You shall not have more than one Account at any given time, and you shall not sell or give away your Account or create an Account using a false identity or information or on behalf of someone other than yourself;
  • You shall not use the Services if you have previously been removed by Planetary Annihilation or banned from playing any Planetary Annihilation Game;
  • You shall use your Account only for personal, non-commercial purposes; and
  • You shall abide by the AUP (defined below) at all times when using the Services.

1.2. Username and Password

During the Account creation process, you will be required to select a username and password (“Login Information”). You shall not share your Account or Login Information or let anyone else access your Account or do anything else that might jeopardise the security of your Account. If you become aware of or suspect any breach of security, including, without limitation, any loss, theft, or unauthorized disclosure of your Login Information, you must immediately notify Planetary Annihilation and modify your Login Information. You are solely responsible for maintaining the confidentiality of your Login Information, and you will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.

Planetary Annihilation reserves the right to remove or reclaim any usernames at any time and for any reason, including, without limitation, claims by a third party that a username violates the third party’s rights.

1.3. License Limitations

Any use of the Services in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license, and may subject you to liability for violations of law.

1.4. Acceptable Use Policy

You agree that your use of the Services is subject in all respects to the Acceptable Use Policy available at https://planetaryannihilation.com/acceptable-use/ (the “AUP”) and that the limited license to use the Services granted under these Terms is conditioned on your adherence to the AUP. Planetary Annihilation reserves the right to determine what conduct it considers to be in violation or otherwise outside the intent or spirit of the AUP, these Terms, or the Services themselves. Planetary Annihilation reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Services.

1.5. Suspension and Termination of Account and Service

WITHOUT LIMITING ANY OTHER REMEDIES THAT IT MAY POSSESS UNDER THESE TERMS OR OTHERWISE AT LAW OR IN EQUITY, PLANETARY ANNIHILATION MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICES OR PORTIONS THEREOF IF YOU ARE, OR PLANETARY ANNIHILATION SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS (INCLUDING, WITHOUT LIMITATION, THE AUP) OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICES, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USERNAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS, VIRTUAL CURRENCY (DEFINED BELOW), AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICES, AND PLANETARY ANNIHILATION IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND, OR TERMINATE THE SERVICES AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND WEBSITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICES IF WE BELIEVE THAT USERS ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.

PLANETARY ANNIHILATION RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

Planetary Annihilation reserves the right to stop offering and/or supporting the Services or a particular Game or part of the Services at any time, at which point your license to use the Services or a part thereof will be automatically terminated. In such event, Planetary Annihilation shall not be required to provide refunds, benefits, or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Services or any part thereof including any content you submitted or others submitted.

You may terminate your Account at any time and for any reason by following the process described on our support page located at https://support.planetaryannihilation.com/ and informing Planetary Annihilation that you wish to terminate your Account.

2. OWNERSHIP

2.1. Games and Services

All rights, title, and interest in and to the Services (including, without limitation, any Games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Planetary Annihilation game client, and the Planetary Annihilation game clients and server software) are owned by Planetary Annihilation. Planetary Annihilation reserves all rights, including, without limitation, all intellectual property rights or other proprietary rights, in connection with the Games and the Services.

2.2. Accounts

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT, SUBJECT TO THE PRIVACY POLICY AND YOUR OWNERSHIP OF YOUR PERSONAL DATA, YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO YOUR ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF PLANETARY ANNIHILATION.

2.3. Virtual Items

Notwithstanding any provision to the contrary in these Terms, you agree that you have no right or title in or to any content that appears in the Services (other than User Content), including, without limitation, the virtual goods or currency appearing or originating in any Planetary Annihilation game, whether earned in a game or purchased from Planetary Annihilation, or any other attributes associated with an Account or stored on the Services.

2.4. User Content

User Content” means any communications, images, and sounds and all the material, data, and information that you upload or transmit through a Planetary Annihilation game client or the Services or that you otherwise transmit to Planetary Annihilation, or that other users upload or transmit, including, without limitation, any chat text. For the avoidance of doubt, User Content includes any feedback or suggestions you provide to Planetary Annihilation regarding the Services or any other topic. Content includes, without limitation, User Content.  By transmitting or submitting any User Content while using any of the Services, you affirm, represent, and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions, or other third-party rights; (c) made by you with permission from any third party whose personal information or intellectual property is contained in the User Content; (d) free of viruses, adware, spyware, worms, or other malicious code; and (e) otherwise complies with the AUP. By using the Services, you acknowledge that the Privacy Policy states Planetary Annihilation’s policies with respect to the collection, use, dissemination, storage, and disposal of your personal data (as defined in the Privacy Policy). Planetary Annihilation reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to, or otherwise make unavailable any User Content (including, without limitation, your User Content) without notice for any reason or for no reason at any time.

2.5 Contributor License Agreement

You acknowledge that you may not create any derivative works or other works of authorship based on or for inclusion in the Services without the express written consent of a duly authorized representative of Planetary Annihilation and without executing a Contributor License Agreement with Planetary Annihilation (each, a “CLA”), the form of which Planetary Annihilation may provide to you, in its sole discretion.

3. USER CONTENT

3.1. Content Screening

Planetary Annihilation assumes no responsibility for the conduct of any user submitting any User Content or for monitoring the Services for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Services is at your own risk. By using the Services, you may be exposed to User Content that is offensive, indecent, or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Services. At our discretion, our representatives or technology may monitor and/or record your interaction with the Services or communications (including, without limitation, chat text) when you are using the Services.

By entering into these Terms, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including, without limitation, chat text or voice communications.

If at any time Planetary Annihilation chooses, in its sole discretion, to monitor the Services, Planetary Annihilation nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.

3.2. Information Use by Other Members of the Service

3.2.1. Public Discourse

The Services may include various forums, blogs, and chat features where you can post User Content, including your observations and comments on designated topics. Planetary Annihilation cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the Services. Planetary Annihilation shall have no responsibility to evaluate, use, or compensate you for any ideas or information you may choose to submit.

3.2.2. Responsible For Your Own Content

You are solely responsible for the information that you post on, through, or in connection with the Services and that you provide to others, including Planetary Annihilation. Planetary Annihilation may reject, refuse to post, or delete any User Content for any or no reason, including, without limitation, User Content that in the sole judgment of Planetary Annihilation violates these Terms (including the AUP).

3.3. License

You hereby grant to Planetary Annihilation an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof. For the avoidance of doubt, the foregoing license will survive any termination or other expiration of these Terms. You also hereby grant to Planetary Annihilation the right to authorize others to exercise any of the rights granted to Planetary Annihilation under these Terms. Subject to the Privacy Policy, you further hereby grant to Planetary Annihilation the unconditional, irrevocable right to use and exploit your name, likeness, and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Planetary Annihilation does not claim any ownership rights in your User Content, and nothing in these Terms is intended to restrict any rights that you may have to use and exploit your User Content. Planetary Annihilation has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

3.4. User Interactions

You are solely responsible for your interactions with other users of the Services, any other parties with whom you interact through the Services, and/or Planetary Annihilation. If a dispute arises between users of the Services, Planetary Annihilation reserves the right, but has no obligation, to assist in the mediation of such dispute. Except as otherwise required by law, you will fully cooperate with Planetary Annihilation to investigate any suspected unlawful, fraudulent, or improper activity, including, without limitation, granting Planetary Annihilation access to any password-protected portions of your Account.

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which says: “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 settlement with the debtor.”

4. FEES AND PURCHASE TERMS

4.1. Purchases

In the Services, you may be able to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) purchasable units or “currency” of a set value that may be exchanged for virtual items that have no value outside the context of the Services and are not exchangeable for fiat money (“virtual currency”); (b) virtual items, such as skins or enhancements, that are only usable in the context of the Services (“virtual items”); and (c) other goods or services (“Merchandise”).

Planetary Annihilation may manage, regulate, control, modify, or eliminate virtual currency, virtual items, and/or Merchandise at any time, with or without notice. Planetary Annihilation shall have no liability to you or any third party if Planetary Annihilation exercises any such rights.

Subject to these Terms (including the AUP) and any other terms of which we may provide you notice in connection with your acquisition of virtual currency or virtual items, you are hereby granted a non-exclusive, non-transferable, non-sublicensable, revocable limited license while these Terms are effective to use virtual currency and virtual items, solely in connection with your use of the Services and solely to the extent made available by Planetary Annihilation, in its sole discretion. Use of virtual currency and virtual items is void where prohibited. The transfer of virtual currency and virtual items and Merchandise is prohibited.

The provision of virtual items for use in Planetary Annihilation games is a service provided by Planetary Annihilation that commences immediately upon acceptance by Planetary Annihilation of your purchase.

4.2. Payment of Fees

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Planetary Annihilation may revise the pricing for the goods and services offered through the Services at any time. YOU ACKNOWLEDGE THAT PLANETARY ANNIHILATION IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN YOUR ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

5. UPDATES TO THE SERVICES

You acknowledge and agree that the Services are constantly evolving. Planetary Annihilation may require that you accept updates to the Services and to Games you have installed on your computer in order to continue using them. You acknowledge and agree that Planetary Annihilation may update the Services (including the Games), with or without notifying you. You may need to update third party-software from time to time in order to access and use the Services (including the Games).

6. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR PERSONAL, NON-COMMERCIAL USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. PLANETARY ANNIHILATION DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES (INCLUDING THE GAMES) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

7. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION

PLANETARY ANNIHILATION SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PLANETARY ANNIHILATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLANETARY ANNIHILATION SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO PLANETARY ANNIHILATION IN ACCORDANCE WITH THESE TERMS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT, IF YOU HAVE NOT PAID ANYTHING TO PLANETARY ANNIHILATION DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND PLANETARY ANNIHILATION’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH PLANETARY ANNIHILATION IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Planetary Annihilation may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Planetary Annihilation’s liability shall be the minimum permitted under such applicable law. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF PLANETARY ANNIHILATION.

You shall indemnify, defend, and hold Planetary Annihilation harmless from any claim, demand, damages, or other losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of your use of the Services, or any breach by you of these Terms, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

8. DISPUTE RESOLUTION

8.1. Governing Law

These Terms and any action related thereto shall be governed by the laws of the State of Washington without regard to its conflict-of-laws provisions. 

8.2. Agreement to Arbitrate

You and Planetary Annihilation agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services or User Content (collectively, “Disputes”) shall be settled by binding arbitration, except that each party retains the right (a) to bring an individual action in small claims court and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the action described in the foregoing clause (b), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Planetary Annihilation with written notice of your desire to do so by email or regular mail within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you do not provide Planetary Annihilation with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (a) and (b) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Planetary Annihilation with an Arbitration Opt-out Notice, shall be the state and federal courts located in the Western District of Washington, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Planetary Annihilation with an Arbitration Opt-out Notice, you acknowledge and agree that you and Planetary Annihilation are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Planetary Annihilation otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section shall be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section shall survive any termination of these Terms. 

8.3. Arbitration Rules

The arbitration shall be administered by JAMS alternative dispute resolution (“JAMS”) in accordance with the applicable JAMS clauses, rules, and procedures (the “JAMS Rules”) then in effect, except as modified by this Section 8. (The JAMS Rules are available at http://www.jamsadr.com/adr-rules-procedures/ or by calling JAMS at 1-800-352-5267.) The Federal Arbitration Act shall govern the interpretation and enforcement of this Section. 

8.4. Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the JAMS Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from JAMS’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven days of delivery of the Demand for Arbitration, then JAMS will appoint the arbitrator in accordance with the JAMS Rules. 

8.5. Arbitration Location and Procedure

Unless you and Planetary Annihilation otherwise agree, the arbitration will be conducted at JAMS’s Seattle, Washington offices located at 600 University Street, Suite 1910 Seattle, WA 98101. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Planetary Annihilation submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS Rules. Subject to the JAMS Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

8.6. Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the JAMS Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. 

8.7. Fees

Your responsibility to pay any JAMS filing, administrative and arbitrator fees will be solely as set forth in the JAMS Rules.

8.8. Changes

Notwithstanding the provisions of Section 11.8, if Planetary Annihilation changes this Section 8 after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Last Updated” date. By rejecting any change, you agree that you are bound by the terms of the last effective version of these Terms SOLELY AS THEY RELATE TO DISPUTE RESOLUTION. All other changes to these Terms will not be affected by such rejection and the latest version of the Terms shall, in all other respects, control.

9. LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM SHALL BE PERMANENTLY BARRED.

10. SEVERABILITY

If any portion of these Terms is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

11. GENERAL PROVISIONS

11.1. Assignment

Planetary Annihilation may assign or delegate its rights and obligations under these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms without Planetary Annihilation’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.

11.2. Supplemental Policies

Planetary Annihilation may publish additional policies related to specific services such as forums, contests, or loyalty programs. Your right to use such services is subject to those specific policies and these Terms.

11.3. Entire Agreement

These Terms, any supplemental policies, and any documents expressly incorporated by reference herein (including the AUP, the Copyright Policy, the Privacy Policy, and, if applicable, any CLA between you and Planetary Annihilation) contain the entire understanding of you and Planetary Annihilation, and supersede all prior understandings relating to the subject matter hereof, whether electronic, oral, or written, or whether established by custom, practice, policy, or precedent, between you and us with respect to the Services.

11.4. No Waiver

The failure of Planetary Annihilation to require or enforce strict performance by you of any provision of these Terms (including the AUP) or failure to exercise any right under these Terms shall not be construed as a waiver or relinquishment of Planetary Annihilation’s right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by Planetary Annihilation of any provision, condition, or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.

Except as expressly and specifically set forth in this these Terms, no representations, statements, consents, waivers, or other acts or omissions by Planetary Annihilation shall be deemed a modification of these Terms nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Planetary Annihilation.

11.5. Notices

We may notify you via postings on https://planetaryannihilation.com/ or via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms or the Planetary Annihilation Privacy Policy shall be submitted via https://support.planetaryannihilation.com/. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

11.6. Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms to Planetary Annihilation are of a unique and irreplaceable nature, the loss of which shall irreparably harm Planetary Annihilation and which cannot be replaced by monetary damages alone so that Planetary Annihilation shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services or any Game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).

11.7. Force Majeure

Planetary Annihilation shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Planetary Annihilation, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond Planetary Annihilation’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

11.8 Modifications

Planetary Annihilation reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended terms. Whenever we materially modify these Terms, we will use commercially reasonable efforts to notify you by posting a notice on our homepage and sending an email to the address we have on file for you (if applicable). It is your responsibility to frequently review these Terms to see if any changes have been made and keep your contact information with us up to date, so you will receive notice of any material changes. You will be deemed to have accepted such changes by continuing to use the Services. If at any point you do not agree to any portion of the then-current version of our Terms, the Privacy Policy, or any other Planetary Annihilation policy, rules, or codes of conduct relating to your use of the Services, except as otherwise set forth in Section 8.8, your only remedy is to stop using the Services.

12. Your Comments and Concerns; Copyright Infringement Claims

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy available at https://planetaryannihilation.com/copyright/ in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Services should be submitted via: https://support.planetaryannihilation.com/

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