Terms of Use

These Terms of Use are entered into by and between you and Bad Dragon Enterprises, Inc. ("Bad Dragon," "we,""our," or "us"). The following terms and conditions, together with our Terms of Submission and Privacy Policy (collectively, "Terms of Use"), govern your access to and use of this website, including any content, features, and services offered on or through this website (the "Website"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you begin using the Website. By using the Website or by clicking to accept or agree to the Terms of Use, you accept and agree to be bound and abide by these Terms of Use, our Terms of Submission, found at https://labs.bad-dragon.com/legal/termsofsubmission, and our Privacy Policy, found at https://labs.bad-dragon.com/legal/privacypolicy, all of which are incorporated herein by reference.

If you do not agree with all terms, conditions, policies, and practices in these Terms of Use, our Terms of Submission, or our Privacy Policy, you must not access or use the Website or submit anything to Bad Dragon.

This Website is offered and available to users who are at least 18 years of age, and who reside in the United States or any of its territories or possessions, or reside in any foreign countries and territories in which all terms and conditions found in these Terms of Use and Bad Dragon's then-currentPurchase Agreement are legally valid and fully enforceable.

By using the Website, you represent and warrant that you are of legal age to form a binding contract with Bad Dragon and that you meet all of the foregoing eligibility requirements. If you are using the Website on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms of Use. If you do not meet all of these requirements, you must not access or use the Website.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to all changes. You are expected to check this page each time you access the Website, so you are aware of any changes, as they are binding on you.

We reserve the right to withdraw or amend the Website, and any services, content, or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the sections, resources, or content it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with the Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.

You also acknowledge that your account is personal to you, and you agree not to provide any other person with access to the Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.

You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Excluding User Contributions (defined below), the Website and its contents (including without limitation, all information, data, software, object code, source code, text, displays, user interfaces, images, graphics, videos, audio, materials, and the design, selection, and arrangement thereof) are owned by Bad Dragon, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, and other intellectual property or proprietary rights laws.

Bad Dragon grants you a limited, revocable, non-exclusive, non-transferable right and license to access and use the Website for personal, non-commercial purposes only, subject to these Terms. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or otherwise use any of the material on content on our Website, except as follows:

• Your computer or device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide any interactive features or functions with certain content, you may take such actions as are enabled by such interactive features or functions.

You also must not:

• Access or use for any commercial purposes any part of the Website or any content, features, services, or materials available through the Website.
• Delete or alter any copyright, trademark, or other proprietary rights notices from any content or materials from the Website.

If You engage in any of the prohibited activities described above, or otherwise breach the Terms of Use, your right to use the Website will end immediately and you must, at our option, return or destroy any copies of the materials you have made.

No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are expressly reserved by Bad Dragon. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use, and may violate copyright, trademark, and other laws.

The Bad Dragon name, logo, and all related names, logos, product and service names, designs, trade dress, slogans, and other source indicators are registered or unregistered trademarks of Bad Dragon or its affiliates or licensors. You must not use any such marks without Bad Dragon's express prior written permission.

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, foreign, or international laws or regulations (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, post, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set forth below.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate Bad Dragon, any Bad Dragon employees, agents, or representatives, another user, or any other person or entity (including, without limitation, by using any email addresses, screen names, or other identifiers associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Bad Dragon or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of it, including their ability to engage in real time activities through it.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any malware, viruses, Trojan horses, worms, logic bombs, or other material or code that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any accounts, parts, or portions of the Website, the servers or systems on which the Website depends or is stored, or any servers, computers, or databases connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, submission portals or pages, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, upload, publish, display, broadcast, or transmit (any one or more of the foregoing, a"post") content, information, or materials (collectively, "User Contributions") on or through the Website.

All User Contributions must comply with the Content Standards set forth in these Terms of Use.

Any User Contributions you post to the Website will be considered non-confidential and non-proprietary.

By posting, submitting, or otherwise providing any User Contributions on the Website, you grant Bad Dragon and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, a worldwide, irrevocable, perpetual, non-exclusive, royalty-free, transferable, sublicensable right and license to freely use, reproduce, distribute, modify, adapt, translate, creative derivative works from, perform, publish, post, broadcast, transmit, and display, and to disclose any and all such User Contributions to third parties, in any and all existing and future formats, media, technologies, and means of delivery, for any purpose.

You represent and warrant that:

• You own or control all rights in and to your User Contributions, and have the exclusive right to grant the license granted above to us and our affiliates, licensees, and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are solely responsible for any and all User Contributions you submit or contribute, and that you, not Bad Dragon, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

We reserve the right, but are not obligated, to monitor, review, or remove any User Contributions in our sole discretion, without notice to you, for any reason. Even in instances where we review User Contributions, we are unable to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding any posts, transmissions, communications, or content provided by any user or third party, and we have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

We additionally reserve the right to:

• Remove or refuse to post any User Contributions for any or no reason, in our sole discretion.
• Take any actions with respect to any User Contributions that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contributions violate the Terms of Use, including the Content Standards; infringe any intellectual property rights or other rights of any person or entity; are unlawful, harmful, defamatory, obscene, or otherwise objectionable; threaten the personal safety of users of the Website or the public; or could create liability for Bad Dragon.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights (whether under the DMCA or otherwise), or their right to privacy and/or publicity.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized uses of the Website.
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violations of these Terms of Use.

Without limiting any of the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting anything on or through the Website. YOU HEREBY AGREE TO WAIVE AND HOLD HARMLESS BAD DRAGON AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS, FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTIONS TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

These content standards apply to any and all User Contributions and use of any Interactive Services. All User Contributions must in their entirety comply with all applicable federal, state, local, foreign, and international laws and regulations. Without limiting the foregoing, no User Contributions may contain any material that:

• Is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promotes or constitutes hate speech, violence, or discrimination based on race, ethnicity, gender, religion, nationality, disability, sexual orientation, age, or other protected characteristics.
• Infringes any patent, trademark, trade secret, copyright, or other intellectual property or any other rights of any person or entity.
• Violates the legal rights (including without limitation, the rights of publicity and privacy) of any person or entity, or include any material that could give rise to any civil or criminal liability under any applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Is likely to deceive any person or entity.
• Violates any applicable laws or regulations, or promotes, advocates, or assists any illegal activities.
• Causes annoyance, harassment, or needless anxiety, or is likely to upset, embarrass, harass, or annoy any person or entity.
• Restricts or inhibits any other user's use of the Website, or harms Bad Dragon or other users.
• Impersonates any person or misrepresents your identity or affiliation with any person or entity, or gives the false impression that you emanate from or are endorsed by Bad Dragon or by any other person or entity, if this is not the case.
• Involves commercial activities or sales, including without limitation, any contests, sweepstakes, or other sales, advertising, or marketing activities or promotions.

Reporting Claims of Copyright Infringement

Bad Dragon takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law.

If you believe any materials accessible on or from the Website infringe your copyright(s), you may request removal of those materials from the Website (or access to them) by submitting a written notification to our designated copyright agent identified below.

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), any written notice you send us regarding alleged copyright infringement (each, a "DMCA Notice") must include substantially the following:

• A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (i.e., the owner's agent or representative).
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are included in a single notification, a representative list of such works.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Bad Dragon to locate the material on the Website (please include full URLs).
• Information reasonably sufficient to permit Bad Dragon to contact the copyright owner or their representative, including a valid address, telephone number, and email address at which they may be contacted.
• A statement that the copyright owner or their representative has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright(s), you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Counter Notification Procedures

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with Bad Dragon (a "Counter Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

• A physical or electronic signature of the Website user whose material was removed or access to it was disabled.
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include full URLs).
• A statement under penalty of perjury that the Website user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
• The Website user's name, address, telephone number, email address.
• The Website user's statement that they consent to the jurisdiction of the Federal District Court for the judicial district in which their residential address is located (if in the United States), or if their address is outside of the United States, any judicial district in which Bad Dragon may be found, and that they will accept service of process from the copyright owner (or their representative) who provided notification to the Website under Section 512(c)(3) of the DMCA.

The DMCA allows Bad Dragon to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of the Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is Bad Dragon's policy in appropriate circumstances to disable and/or terminate the accounts of repeat infringers.

Reporting Other Intellectual Property Infringement

If you believe that any User Contributions violate any of your trademarks, patents, or any other intellectual property rights, you may send us a notice in the same manner described above for copyright infringement notifications.

We do not warrant the accuracy, completeness, or usefulness of any content or information posted on or through the Website. Any reliance you place on such content or information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other Website visitor, or by anyone who may be informed of any of its contents.

The Website includes User Contributions, all of which is third party content. All statements and opinions expressed in any User Contributions, or found in any other third party content on the Website, are solely the statements and opinions, and the responsibility of the person or entity posting or providing that content. Such content does not necessarily reflect the opinions of Bad Dragon. We are not responsible or liable to you or any third party, for any third party statements or opinions, or for the accuracy of any third party content.

We may update the content and features of or on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the content and features on the Website may be out of date at any given time, and we are under no obligation to update such material.

Your use of the Website is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Website, you consent to the practices described in the Privacy Policy, and all actions taken by us in accordance with it.

You may link to the Website, provided you do so in a way that is fair and legal, and does not damage our reputation or take advantage of it, but you must not establish any link in any way suggests any form of association, approval, sponsorship, or endorsement by Bad Dragon, without our express prior written consent.

This Website may provide certain interactive features that enable you to:

• Link from your own or certain third-party websites, social media accounts, and other online locations, to certain content on the Website.
• Engage in communications with certain content, or links to certain content, on the Website.
• Cause limited portions of the Website's content to be displayed or appear to be displayed on your own or certain third-party websites, social media accounts, and other online locations.

You may use these interactive features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions that we may provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any websites, social media accounts, or online locations that are not owned or operated by you.
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other sites or online locations, for example, framing, deep linking, or in-line linking.
• Otherwise take any actions with respect to the materials on the Website that are inconsistent with any other provision of these Terms of Use.

The websites, social media accounts, and online locations from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any interactive features and any links at any time without notice in our sole discretion.

If the Website contains any links to any third-party websites, services, or resources, these links are provided for your convenience only. This includes links contained in any advertisements, including banner advertisements and sponsored links. Bad Dragon is not responsible for the content, materials, functionality, security, privacy policies, or practices of any third-party websites, services, or resources, and has no control over any of the foregoing. As such, we accept no responsibility for any of them, or for any losses or damages that may arise from your use of them. If you decide to access any of the linked third-party websites, services, or resources, you do so entirely at your own risk, and are subject to those third parties' terms and conditions of use.

Bad Dragon is based in the State of Arizona in the United States. We make no claims that the Website or any of its content, features, or services are accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are solely responsible for compliance with all laws applicable in your jurisdiction. You are also subject to our Privacy Policy.

We do not guarantee that the Website will be uninterrupted, error-free, or free of viruses, malware, or other harmful or destructive components or code. You are solely responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES CAUSED BY ANY DISTRIBUTED DENIAL-OF-SERVICE ATTACKS, VIRUSES, MALICIOUS CODE, OR ANY OTHER TECHNOLOGICALLY HARMFUL CODE OR MATERIAL THAT MAY INFECT OR NEGATIVELY IMPACT YOUR COMPUTER OR DEVICE HARDWARE, SOFTWARE, EQUIPMENT, PROGRAMS, DATA, OR OTHER MATERIAL DUE TO YOUR USE OF THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR ONLINE LOCATION LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, FEATURES, AND SERVICES ARE AT YOUR OWN RISK, AND ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NEITHER BAD DRAGON NOR ANY PERSON OR ENTITY ASSOCIATED WITH BAD DRAGON MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ANY OF ITS CONTENT, FEATURES, OR SERVICES. WITHOUT LIMITING ANY OF THE FOREGOING, NEITHER BAD DRAGON NOR ANYONE ASSOCIATED WITH BAD DRAGON REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, FEATURES, OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL CODE OR MATERIAL, OR THAT THE WEBSITE OR ANY OF ITS CONTENT, FEATURES, OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, BAD DRAGON HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BAD DRAGON, ITS SUBSIDIARIES, AFFILIATES, AND ENTITIES UNDER COMMON CONTROL, OR THEIR LICENSORS, SERVICE PROVIDERS, OWNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, ADVISORS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE, ANY WEBSITES OR ONLINE LOCATIONS LINKED TO IT, ANY CONTENT, FEATURES, OR SERVICES ON OR THROUGH THE WEBSITE, OR SUCH OTHER WEBSITES OR ONLINE LOCATIONS, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF USE, REVENUE, PROFITS, BUSINESS, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS, LOSS OR CORRUPTION OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF BAD DRAGON HAS BEEN ADVISED ON THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, OR THEY WERE FORSEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You agree to defend, indemnify, and hold harmless Bad Dragon, its subsidiaries and affiliates, and their respective licensors, service providers, owners, officers, directors, shareholders, managers, members, employees, agents, contractors, representatives, advisors, successors and assigns, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including without limitation, any of your User Contributions, any use of the Website's content, features, and services, other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the United States and the U.S. State of Arizona, without giving effect to any choice or conflict of law provision or rule (whether of the U.S. State of Arizona or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the U.S. State of Arizona, in each case located in Maricopa County, Arizona, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

No waiver by Bad Dragon of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition, and any failure of Bad Dragon to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent, such that the remaining provisions of the Terms of Use will continue in full force and effect.

These Terms of Use, together with Bad Dragon's Terms of Submission and Privacy Policy, constitute the sole and entire agreement between you and Bad Dragon regarding the Website, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and any portions, contents, features, and services thereof.

The Website is operated by Bad Dragon.

All intellectual property infringement notifications should be sent in accordance with our Intellectual Property Infringement Policy above.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected]