LightAxis Terms of Service
Effective Date: 25th April 2025
Welcome to LightAxis! These Terms of Service ("Terms") govern your access to and use of our games, websites, and related services (collectively, the "Service"). Please read these Terms carefully before using the Service.
By accessing or using the Service, you agree to be bound by these Terms and all terms incorporated by reference. If you do not agree to these Terms, do not use the Service.
1. Using the Service
1.1. Your Right to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant LightAxis policies, you have a non-exclusive, non-transferable, non-sublicensable, revocable and limited right to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
The following restrictions apply to the use of the Service:
- You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (such as PayPal) by minors.
- You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by LightAxis, or previously been banned from playing any LightAxis game.
- You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk, or spam e-mail or repetitive or misleading messages to anyone.
Login information and Your Account
You may be required to select a password for your Account, or you may also use other credentials to access the Account ("Login Information"). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify LightAxis and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.
LightAxis reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party's rights.
Use Limitations
Any use of the Service in violation of these Use Limitations is strictly prohibited, can result in the immediate revocation of your limited right and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
- Engage in any act that LightAxis deems to be in conflict with the spirit or intent of the Service or make improper use of LightAxis's support services.
- Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, emulators, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any LightAxis game or any LightAxis game experience.
- Modify or cause to be modified any files that are a part of the Service or any LightAxis game without LightAxis's express written consent.
- Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users' experience when using the Service or playing LightAxis's games. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service.
- Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Service or any LightAxis game environment.
- Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service.
- Attempt to gain unauthorized access to the Service, Accounts registered or used by others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by LightAxis, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
- Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
- Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
- Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including LightAxis employees, including LightAxis's customer service representatives.
- Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a LightAxis employee.
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any LightAxis game, or to obtain any information from the Service or any LightAxis game using any method not expressly permitted by LightAxis.
- Solicit, or attempt to solicit, Login Information or any other login credentials or personal information from other users of the Service or any LightAxis game.
- Collect or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
- Use any LightAxis game for gambling, betting or any similar activity in which prizes or rewards can be won (directly or indirectly), including betting on the outcome of matches in which you participate as a player, irrespective of whether or not there is a fee or stake involved.
- Use the Service in any way that would violate any export controls, anti-money laundering rules, economic sanctions or similar laws or regulations including but not limited to those imposed by the United States of America and/or the European Union.
LightAxis reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. LightAxis reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.
1.2. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, LIGHTAXIS MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF WITH OR WITHOUT NOTICE TO YOU (i) IF YOU ARE, OR LIGHTAXIS SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH THESE TERMS OF SERVICE; OR (ii) FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE. YOU CAN LOSE YOUR USERNAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED VIRTUAL ITEMS AND PURCHASED VIRTUAL ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND LIGHTAXIS 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 SERVICE AND ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY 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.
LIGHTAXIS RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
LightAxis reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your right to use the Service or a part thereof will be automatically terminated. In such event, LightAxis shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
2. Ownership
2.1. Games and Service
All rights, title and interest in and to the Service (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 LightAxis game client, and the LightAxis game clients and server software) are owned by LightAxis. LightAxis reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
2.2. Accounts
NOT WITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF LIGHTAXIS.
2.3. Virtual Content
LightAxis owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in LightAxis games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual items, content, features, goods, services or currency appearing or originating in any LightAxis game, whether earned in a game or purchased from LightAxis, or any other attributes associated with an Account or stored on the Service.
3. User Content
3.1. Submission of User Content
"User Content" means any communications, images, sounds, videos, and all the material, data, and information that you upload, transmit, create, or generate through a Light Axis game client or the Service, or that other users upload or transmit, including without limitation any chat text or in-game creations. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential or misleading; (b) not in violation of any laws, contractual restrictions or other third party rights (including intellectual property rights), and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by LightAxis in accordance with its Privacy Policy.
3.1.1. Content Screening and Monitoring
LightAxis assumes no responsibility for the conduct of any user submitting any User Content and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, 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 Service.
At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service. By entering into these Terms of Service, 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.
LightAxis 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. If at any time LightAxis chooses, in its sole discretion, to monitor the Service, LightAxis 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 Service may include various features where you can post User Content, including your observations and comments on designated topics or share in-game creations. LightAxis cannot guarantee that other members 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 don't want others to use, do not post it on the Service. LightAxis 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 Service and that you provide to others. LightAxis may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of LightAxis violates these Terms of Service.
3.2.3. Your License to LightAxis
You hereby grant to LightAxis 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 in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to LightAxis the right to authorize others to exercise any of the rights granted to LightAxis under these Terms of Service. You further hereby grant to LightAxis 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. LightAxis does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. LightAxis has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
3.3. User Interactions
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or LightAxis games. LightAxis reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with LightAxis to investigate any suspected unlawful, fraudulent, or improper activity, including, without limitation, granting LightAxis access to any password-protected portions of your Account (if applicable).
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.
4. Fees and Purchase Terms
4.1. Purchases
In the Service you may purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable right to use (a) virtual currency, including but not limited to virtual cash or diamonds, all for use in LightAxis games; (b) virtual in-game items, content or features; and (c) other goods or services (points a – c are jointly referred to as "Virtual Items"). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service, and not in any other way.
You expressly agree that we will start the performance of the purchase agreement of Virtual Items or any other digital content before the expiration of any statutory withdrawal period defined in applicable laws. You give explicit prior consent that the content you have purchased will be delivered to you before the withdrawal period ends and you thereby lose the statutory right of withdrawal.
LightAxis may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice. To the fullest extent under applicable law, LightAxis shall have no liability to you or any third party in the event that LightAxis exercises any such rights.
The transfer of Virtual Items is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer Virtual Items to any person or entity or attempt any of the aforesaid, including but not limited to LightAxis, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE EXCEPT WHERE REQUIRED UNDER APPLICABLE LAW.
The provision of Virtual Items for use in LightAxis games is a service provided by LightAxis that commences immediately upon acceptance by LightAxis 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. LightAxis may revise the pricing for the Virtual Items offered through the Service at any time. YOU ACKNOWLEDGE THAT LIGHTAXIS 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 AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
5. Updates to the Service
You understand that the Service is an evolving one. LightAxis may require that you accept updates to the Service and to LightAxis's games you have installed on your device or computer. You acknowledge and agree that LightAxis may update the Service and LightAxis games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play LightAxis games.
6. Disclaimer of Warranties
WITHOUT LIMITING LIGHTAXIS’S LIABILITY UNDER SECTION 7 BELOW, THE GAME AND RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR 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. LIGHTAXIS DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE GAME AT TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE GAME OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIGHTAXIS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATED IN ANY WAY TO THESE TERMS OF SERVICE OR THE GAME ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LIGHTAXIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, LIGHTAXIS SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO LIGHTAXIS IN ACCORDANCE WITH THESE TERMS OF SERVICE 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 LIGHTAXIS DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND LIGHTAXIS’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH LIGHTAXIS IS TO STOP USING THE GAME AND DELETE IT FROM YOUR DEVICE.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LIGHTAXIS OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD.
You agree to indemnify, defend and hold LightAxis (and our officers, directors, agents, affiliates, partners, and employees) 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 game, or any breach by you of these terms of service, unless such claim results from our own intentional or negligent conduct.
8. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and LightAxis agree that these dispute resolution procedures will apply to any dispute or claim arising from or relating to your use of the Service, these Terms of Service, or our Privacy Policy. "Dispute" includes any kind of claim (legal, equitable, statutory) and applies even after you stop using the Service.
8.1. Governing Law
These Terms of Service and any Dispute shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.
8.2. Informal Dispute Resolution
We want to address your concerns without needing a formal legal case. Before filing a claim against LightAxis, you agree to try to resolve the Dispute informally by contacting lightaxisstudios@gmail.com. We'll try to resolve the Dispute informally by contacting you via email. If a dispute is not resolved within thirty (30) days of submission, you or LightAxis may bring a formal proceeding. We will toll (pause) any applicable statute of limitations during this 30-day informal resolution period.
8.3. Binding Arbitration
If we cannot resolve a Dispute informally, you and LightAxis agree to resolve any Dispute through final and binding arbitration, except as set forth under "Exceptions to Agreement to Arbitrate" below. This means you waive your right to have a judge or jury decide your claims and that procedures may be different than in court.
- Arbitration Provider: The arbitration will be administered by an established alternative dispute resolution provider mutually agreed upon by you and LightAxis, such as the Indian Council of Arbitration (ICA) or the Delhi International Arbitration Centre (DIAC), applying their relevant rules for commercial disputes. If we cannot agree on a provider, we will seek appointment of an arbitrator according to the relevant laws in India.
- Individual Basis Only: Arbitrations will be conducted on an individual basis only and not in a class, consolidated, or representative action.
- Arbitrator's Authority: The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable.
- Fees: The allocation of fees for arbitration will be determined by the rules of the chosen arbitration provider. However, each party will pay its own attorneys’ fees and costs unless the claim allows the prevailing party to recover them under applicable law.
- Location: The arbitration hearing will take place in Mumbai, Maharashtra, India, or it may be conducted solely on the basis of documents submitted to the arbitrator, or through a telephonic or videoconference hearing, as agreed upon by the parties or determined by the arbitrator.
8.4. Exceptions to Agreement to Arbitrate
You and LightAxis agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:
- Any Disputes seeking to enforce or protect, or concerning the validity of, any of your or LightAxis's intellectual property rights.
- Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use.
- Any claim that qualifies for small claims court in Mumbai, Maharashtra, India or the jurisdiction where you reside, provided it is brought and maintained as an individual action.
- Any dispute not subject to arbitration under these exceptions (excluding valid small claims actions filed in the user's local jurisdiction) shall be resolved exclusively by a court of competent jurisdiction located in Mumbai, Maharashtra, India, and you agree to submit to the exclusive venue and personal jurisdiction of such courts for all such claims or disputes.
8.5. Class Action Waiver
YOU AND LIGHTAXIS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision (Section 8.5) is found to be unenforceable, then the entirety of this "Binding Arbitration" section (Section 8.3) shall be null and void.
8.6. 30-Day Right to Opt-Out
You have the right to opt out of and not be bound by the arbitration and class action waiver provisions set forth in Sections 8.3 and 8.5 by sending written notice of your decision to opt out to lightaxisstudios@gmail.com with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT". The notice must be sent within thirty (30) days of your first use of the Service. If you do not opt out, you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt out of these arbitration provisions, LightAxis also will not be bound by them.
8.7. EU/EEA Online Dispute Resolution
If you are a consumer based in the European Union or European Economic Area, you may access the platform for online dispute resolution established by the European Commission at http://ec.europa.eu/odr. Please note that LightAxis may not be required to participate in dispute resolution through this platform.
9. Severability
You and LightAxis agree that if any portion of these Terms of Service or of the LightAxis Privacy Policy 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.
10. General Provisions
10.1. Assignment
LightAxis may assign or delegate these Terms of Service and/or the LightAxis Privacy Policy, 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 of Service or Privacy Policy without LightAxis's prior written consent, and any unauthorized assignment and delegation by you is ineffective.
10.2. Supplemental Policies
LightAxis 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 of Service.
10.3. Entire Agreement
These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including the LightAxis Privacy Policy), contain the entire understanding of you and LightAxis, and supersede all prior understandings of the parties hereto 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 Service.
10.4. No Waiver
The failure of LightAxis to require or enforce strict performance by you of any provision of these Terms of Service or the LightAxis Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of LightAxis's right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by LightAxis of any provision, condition, or requirement of these Terms of Service or the LightAxis Privacy Policy 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 these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by LightAxis shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of LightAxis.
10.5. Notices
We may notify you via postings in our games, on our website (if you have one), 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 of Service or any related Privacy Policy shall be in writing and addressed to: lightaxisstudios@gmail.com. Notices will be effective upon receipt.
10.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to LightAxis are of a unique and irreplaceable nature, the loss of which shall irreparably harm LightAxis and which cannot be replaced by monetary damages alone so that LightAxis 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 Service or any LightAxis game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims against LightAxis to claims for monetary damages, limited by Section 7 (if any).
10.7. Force Majeure
LightAxis shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of LightAxis, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond LightAxis'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.