TERMS OF USE

Last Updated: 17 December, 2022

THIS AGREEMENT DESCRIBES THE TERMS ON WHICH FLYING LAB SOFTWARE LLC (“We or FLS”) OFFERS YOU ACCESS TO AN ACCOUNT (THE “ACCOUNT”) AND THE SERVICE, WHICH ACCOUNT AND SERVICE MAY BE MANAGED OR OPERATED, IN PART, BY VISION ONLINE GAMES, LLC (“Vision”) AS THE AGENT AND LICENSEE OF FLS, TO PLAY THE PIRATES OF THE BURNING SEA FANTASY ONLINE ROLE PLAYING COMPUTER GAME AND ITS EXPANSION PACKS (INDIVIDUALLY AND COLLECTIVELY, THE “GAME”). BY PRESSING THE “I ACCEPT” BUTTON AND/OR PLAYING THE GAME, YOU SIGNIFY THAT YOU ACCEPT, COVENANT AND AGREE TO ABIDE BY ALL OF THE TERMS AND CONDITIONS BELOW. BY PRESSING THE “DECLINE” BUTTON, OR DISAGREEING WITH ANY OF THE TERMS AND CONDITIONS BELOW, YOU DECLINE OUR OFFER, IN WHICH CASE YOU ARE CHOOSING TO NOT PLAY OR OTHERWISE ACCESS THE GAME. ACCESSING OR PLAYING THE GAME IS ONLY PERMITTED UNDER THE FOLLOWING TERMS OF USE. If you have any questions regarding these Terms and Conditions, please contact Vision Online Games Support at: Pirates@VisionOnlineGames.com.

You acknowledge and agree that FLS and its licensees retain the unfettered right to modify the Game and all aspects, including but not limited to characters, items, missions, ships, rewards, virtual currency, etc. (collectively, “Virtual Goods”) therein. You acknowledge and agree that FLS and its licensees have been, are, and will be constantly making changes to the Game. You further acknowledge and agree that FLS and its licensees can and will, in their discretion, modify features, functions or abilities of any element or aspect of the Game or any Virtual Goods (which may, among other things, make the Virtual Goods substantially more effective or functional, or less effective or functional, more common or less common, or even be eliminated entirely from the game). You acknowledge and agree that such changes are a normal and expected part of the overall game experience, and so not a cause for any course of action against FLS or its licensees due to any perceived loss, damage or change to said virtual assets within the game.

YOU PROMISE, THEREFORE, THAT YOU WILL NEVER ASSERT OR BRING ANY CLAIM OR SUIT AGAINST FLS, ITS LICENSOR(S), LICENSEES AND AGENTS, OR ANY EMPLOYEES OF ANY OF THE ABOVE, WHICH IS RELATED TO OR BASED ON (I) A CLAIM THAT YOU “OWN” ANY VIRTUAL GOODS IN ANY GAME, (II) A CLAIM FOR THE “VALUE” OF VIRTUAL GOODS IF FLS OR ITS LICENSOR(S), LICENSEES OR AGENTS DELETES THEM (AND/OR TERMINATES YOUR ACCOUNT (S)) IF YOU OR ANYONE ACTING IN CONCERT WITH YOU VIOLATES ANY PROVISION OF THIS AGREEMENT, THE GAME’S CODE OF CONDUCT, FLS’ OR VISION’S RESPECTIVE TERMS OF SERVICE AND/OR PRIVACY POLICIES (ALL OF WHICH ARE POSTED AT A LINK AT WWW.BURNINGSEA.COM), (III) A CLAIM FOR THE “VALUE” OF VIRTUAL GOODS THAT YOU MAY LOSE IF FLS OR ITS LICENSOR (S), LICENSEES OR AGENTS DO ANYTHING THAT THEY ARE ENTITLED TO DO PURSUANT TO ANY PROVISION OF THIS AGREEMENT, THE GAME’S CODE OF CONDUCT, FLS’ OR VISION’S RESPECTIVE TERMS OF SERVICE AND/OR PRIVACY POLICIES, OR FOR ANY MALFUNCTIONS AND/OR “BUGS” IN THE GAME, AND/OR (IV) A CLAIM THAT THE “VALUE” OF ANY VIRTUAL GOODS HAS INCREASED OR DECREASED BY VIRTUE OF ANY GAME MODIFICATION THAT FLS OR ITS LICENSOR(S), LICENSEES OR AGENTS HAS MADE OR WILL MAKE.

1. Accounts are available only to adults or, in their discretion and under their supervision, their minor child of at least 16 years of age. If you are a minor, your parent(s) or guardian(s) must complete the registration process, in which case they will take full responsibility for all obligations under this Agreement. By clicking the “I Accept” button and/or providing Vision with a credit card number, you represent that you are an adult and are either accepting this Agreement on behalf of yourself or your child. You may not transfer or share your Account with anyone, except that if you are a parent or guardian, you may permit one child to use the Account instead of you (in which case you may not use that Account). You are liable for all activities conducted through the Account, and parents or guardians are liable for the activities of their child. Corporations and other entities are not eligible to procure Accounts.

2. To play the Game, you must (a) purchase or receive through an FLS or Vision-authorized promotional offer (such as an authentic disc bundled with a game magazine) the Game CD-ROM(s) or DVD-ROM(s) (collectively, the “DVD-ROM”) or applicable files which we or Vision may make available for direct download over the Internet, which includes software and other related files or documentation required for the Game (the “Software”), (b) have a fully valid Account, and have (i) a computer possessed of at least the minimum system requirements to operate the Game and (ii) a reliable Internet connection (both of which (i) and (ii) FLS and its licensees do not provide) to access your Account. In addition to any fees described herein, you are responsible for paying all applicable taxes (including those we or Vision are not required to collect) and for all hardware, software, service and other costs you incur to access your Account. Neither this Agreement nor your Account entitles you to any subsequent paid/premium releases of the Software, nor to any paid/premium expansion or compilation packs or similar ancillary products or other premium services, without paying any applicable charges for those products or services. You understand that FLS and its licensees may update or otherwise enhance the Software at any time, and in doing so incur no obligation to furnish such updates to you pursuant to this Agreement. You understand and agree that online games in general, and this game in particular, naturally evolve over time and, accordingly, system requirements to play the Game may change over time. Accordingly, you may need to upgrade your system (or obtain a new system) to continue to play the Game. Similarly, the Internet connection between your location while accessing or playing the Game is outside of both your control and that of FLS and its licensees, with the data passing through many third-party routers and systems on the path between the Game Client on your computer and the Datacenter(s) housing the Game Servers. Latency, dropped packets and other network delays or interruptions as a result of poor performance or failures on the route your data flows across the Internet may adversely impact your game experience in a variety of ways, not limited to lag, disconnections or other unexpected performance issues. You understand and agree that such third-party performance issues are not caused by FLS or its licensees, and consequently FLS and its licensees are not liable in any way for them. Game experience may change during online play.

3. We may amend this Agreement at any time in our sole discretion. Such amendments shall be effective whenever the amendment is made available for your review on any of our public-facing sites (www.BurningSea.com, www.VisionOnlineGames.com, the official Game Discord Server, etc).

4. Upon registration, you must select a password. You may not disclose your password to any third party. We and Vision never ask you for your password by telephone, in-game communication, live-chat or email, and you should not disclose it this way if someone asks you to do so. Although we or Vision may offer a feature that allows you to “save” or “remember” your password on your hard drive, please note that by using this feature third parties may be able to access your computer and thus your Account.

5. At the time of this writing, the Game offers both free-to-play and a variety of paid subscription offerings. The paid subscriptions provide Account holders with certain benefits, including access to special game servers and a variety of in-game benefits and discounts. In either the free-to-play game experience or that provided under the subscription model, certain digital goods are available for purchase to use within the Game. We describe the Game’s billing procedures at a hotlink located at www.BurningSea.com, which are incorporated by reference and are subject to change at any time. All fees are stated in U.S. Dollars unless otherwise specified. All fees, including subscription fees as well as fees paid for virtual currency or other items, are prepaid and non-refundable. Upon your acceptance of these terms, and your request to purchase any such subscription, virtual currency or similar items, FLS or its licensees have the right to automatically charge your provided payment method (such as a credit card) the relevant fee plus any applicable taxes FLS or its licensees are required to collect, and you expressly authorize us to do so. In the instance of any recurring subscription, each time your Account comes up for renewal, you hereby agree and grant FLS or its licensees the right to charge your provided payment method the then-current renewal rate plus any applicable taxes FLS or its licensees are required to collect, and you hereby expressly authorize us to do so. If FLS or its licensees are unable to process your payment method at the renewal period, your Account may immediately revert from the subscription model to the free-to-play model. Access to any subscription-only servers, as well as any benefits that are accruing to your in-game Account as a subscriber may be immediately suspended or terminated until such time as your subscription is renewed and payment for it is made. If FLS or its licensees make a Game Card available and you use a Game Card to pay for your Account, the Game Card shall activate your Account for the subscription period stated on the Game Card (unless we or Vision allow such Game Card to be used to pay for the Game subscription and one or more premium products or services related to the Game, in which case the period of time may be prorated between the Game subscription and such premium products and services) and, thereafter, you will either need to provide a valid credit card (in which case your credit card will subsequently be charged as referenced above) or purchase another Game Card for subsequent subscription periods (for the Game and premium products and services, as applicable), or your Account will revert to the free-to-play (non-subscription) model. You may elect to terminate your Account at any time through the Account registration process. If you terminate your Account during a period of gameplay included with your purchase of a paid subscription Account, you may lose the balance of any unused subscription period of gameplay included with your purchase at the time of such closure. If you elect to terminate your Account during any subscription cycle, your Account will be closed at the end of the then-current cycle and you will not be billed again unless you affirmatively reopen the Account. By subscribing to the game, you expressly agree to the above provisions, and acknowledge that FLS and its licensees are neither expected to, required to, or will give refunds, either full or partial, for subscription periods that you have purchased. You similarly agree and acknowledge that neither FLS or its licensees will issue refunds for any digital goods or virtual currency that have been purchased.

6. FLS and its licensees may terminate this Agreement (including your Software license and your Account) and/or suspend your Account immediately and without notice: (i) if you violate any provision of this Agreement; (ii) infringe any third party intellectual property rights; (iii) if FLS or its licensees are unable to verify or authenticate any information you provide to us; (iv) upon game play, chat or any player or Game-related activity (whether in-game or outside the game) whatsoever which FLS or its licensees, in each of our sole discretion, determine is inappropriate and/or in violation of the spirit of the Game; and/or (v) upon any violation of this Agreement, the FLS Terms of Service, the Vision Online Games Terms of Service and/or the Game's Code of Conduct. If we or Vision terminate this Agreement or suspend your Account under these circumstances, you will lose access to your Account for the duration of the suspension and/or the balance of any prepaid subscription without any refund. FLS and its licensees may also terminate this Agreement if we decide, in our sole discretion, to discontinue offering or supporting the online service for the Game, in which case we may provide you with a prorated refund of any prepaid subscription.

7. Subject to the terms of this Agreement, FLS, our licensors and our licensees hereby grant to you a non-exclusive, non-transferable, revocable license to use the Software solely in connection with playing the Game via an authorized, valid and fully-paid Account. You may not copy (except to make one necessary back-up copy), distribute, sell, auction, rent, lease, loan, modify or create derivative works, adapt, translate, perform, display, sublicense or transfer all or any portion of the Software. You may not copy any of the written, digital or electronic materials accompanying the Software unless we expressly permit you to do so in writing, and then only to the extent permitted. You may not reverse engineer, disassemble or decompile the Software except to the extent that this restriction is expressly prohibited by applicable law. The Software may contain license management software that restricts your use of the Software.

8. FLS and our licensors, licensees and suppliers shall retain all rights, title and interest, including, without limitation, ownership of all intellectual property rights relating to or residing in the DVD-ROM, the Software, the Game and Virtual Property, all copies thereof, and all Game character and Account data in connection therewith. You acknowledge and agree that you have not and will not acquire or obtain any intellectual property or other rights, including any right of exploitation, of any kind in or to the DVD-ROM, the Software, Virtual Goods, and/or the Game, including, without limitation, in any artwork, video, audio, text, graphics, music, sound effects, character(s), item(s), coin(s) or other material or property, whether virtual or real, and/or any compilation or copyrightable arrangement of any of the above (collectively, “Rights”), and that all such property, material, items and Rights are exclusively owned by us or our licensors or licensees.

9. You agree and affirm that you will not and may not use any software to modify the Software to change Game play, and that you may not and will not create, facilitate, host, link to or provide any other means through which the Game may be played by others, such as through server emulators, screen sharing, remote access or any other such applications or services. You agree and affirm that you may not and will not decrypt or modify any data transmitted between client and server and you may not and will not use, post, host or distribute macros, AI, “bots” or other programs which would allow unattended game play or which otherwise impact game play. You may not and will not take any action which imposes an unreasonable or disproportionate network or processing load on our or our licensees’ or agents’ infrastructure. You agree and affirm that you may not and will not buy, sell or auction (or host or facilitate the ability to allow others to buy, sell or auction) any Game account, characters, items, virtual currency, virtual property or copyrighted material or any other intellectual property owned or controlled by FLS, our licensors or our licenseess without first obtaining our express written permission.

10. To obtain an Account, you will be required to choose both a login name and a player name. Player names are available on each server on a first-come, first-serve basis, unless they are on a restricted list of inappropriate or offensive names maintained by FLS and its licensees, or unless they have already been Reserved for use by other Players in advance using the Game's Name Reservation System. While you are strongly encouraged to always use a pseudonym for your in-game names (especially if you are a minor), you may not pick a name that is inappropriate, offensive or violates anyone’s trademarks, publicity rights or other proprietary rights. In the event an in-game name is created which is deemed by FLS or its licensees to be inappropriate, offensive or otherwise in violation of the spirit of the game, you hereby expressly grant permission for FLS and/or its licensees to immediately and without notice change the in-game name in question to a different name of their choosing.

11. As part of your Account, you can or may be able to upload content, messages, art, graphic files, pictures, video, audio, music, sounds, software and other files, items and content to our servers in various forms, such as in the selections you make for the Game, in-game posts and chat, and in chat rooms and similar user-to-user areas (collectively, your “Content”). Your Content, whether in written, digital, oral, machine-readable, electronic or visual form, shall not: (a) infringe any third party intellectual property, other proprietary or publicity/privacy rights; (b) violate any law, rule or regulation; (c) be offensive, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic or harmful to minors, invasive of another’s right of privacy or publicity, hateful, racially, ethnically or otherwise objectionable; or (d) contain any viruses, “bots”, trojan horses, keystroke loggers, worms, time bombs, cancelbots or other software, files, scripts or computer programming routines (or links to any of the above) that are intended to or result in damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You expressly agree and grant permission for FLS and/or its licensees to take any action with respect to your Content or Account if we believe it may create liability (civil or criminal) for us, or may jeporadize or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You hereby grant to FLS and its licensees a worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise all rights of any kind or nature associated with your Content, including, without limitation, all intellectual property rights, and all ancillary and subsidiary rights thereto, in any languages and in any media now known or not currently known, and you hereby grant FLS and its licensees a perpetual, limited power of attorney to complete and correct any paperwork or filings that may be necessary to complete or perfect the transfer of such rights to FLS or its licensees on your behalf.

12. FLS and its licensees cannot ensure that your communications and other personally identifiable information will not be disclosed to third parties. For example, FLS or its licensees may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, FLS or our licensees can (and you hereby expressly authorize us to) disclose any information about you to private entities, law enforcement or other government officials as each of us, in our sole discretion, believe necessary or appropriate to satisfy legal obligations, investigate or resolve possible problems or inquiries, or in exigent circumstances involving risk of harm to any person or property. You agree that we may communicate with you via telephone, email and any similar technology for any purpose relating to the Game, the Software and any services or software which may in the future be provided by FLS, our licensees, or on our or their behalf. You expressly permit us to upload CPU, operating system, video card, sound card and memory information from your computer to analyze and optimize your Game experience, improve and maintain the Game, enforce the terms of this Agreement and/or provide you with customer service. Furthermore, if you request any technical support, you consent to our or Vision’s remote accessing and review of the computer you load the Software onto for purposes of support and debugging. You may choose to visit www.BurningSea.com, www.VisionOnlineGames.com, the Official Game Discord Server, the Official Game Wiki Server or other FLS or Vision web sites if such web sites offer services such as a Pirates of the Burning Sea game-themed chat or other services of interest to you. You are subject to the terms and conditions, privacy customs and policies of FLS and its licensees while visiting such web sites and in connection with use of your Account and the Game, which terms and conditions, policies and customs are incorporated herein by this reference. When it comes to Web Sites or Online Services outside of those controlled, owned and operated by FLS and its licensees, since FLS and its licensees do not control third-party web sites and/or the privacy policies of such third parties, different rules may apply to their use or disclosure of the personal information you disclose to others, and you expressly agree and affirm that no liability for the actions of such third parties should or will attach to FLS and/or its licensees. Solely for the purpose of patching and updating the Game and/or Software and ensuring the integrity of the Game, you hereby grant us and Vision permission to (i) upload Game-related file information and data from the Game directory and (ii) download Game files to you. You acknowledge that any and all character data is stored and is resident on the Game Servers owned and operated by FLS and/or its licensees, and that any and all communications that you make within the Game (including, but not limited to, messages solely directed at another player or group of players) traverse through such servers, may or may not be recorded or monitored by FLS or our licensees or agents, and you expressly grant permission for this to take place. Moreover, you affirm and agree that you have no expectation of privacy in any such communications and expressly consent to the monitoring of any communications you send and receive. You acknowledge, agree and grant permission for FLS and its licensees to, if and as may be necessary (at FLS or its licensees sole discretion) transfer some or all Game data, and/or some or all of your Account information (potentially including personally identifiable information and personal data) to the United States or other countries or may share such information with our licensees, licensors and agents in connection with the Game. The Game may incorporate third party ad serving technology from third parties. This technology, if used by us or Vision and provided to you, enables certain advertising to be temporarily uploaded to your computer system and replaced in-game while connected online. As part of that process, neither us, Vision nor the third party ad serving company collects any personally identifiable information about you and only temporarily logs select non-personally identifiable information (such as IP address). No logged information is used by such third parties to determine any personally identifiable information about you. You agree and affirm that these expressly-granted permissions, provided herein to FLS and its licensees, will apply to and supersede any general restrictions set forth in the EU and/or UK General Data Protection Regulations (GDPR) that may pertain to your personal data. Moreover, you affirm, agree and grant that these permissions will survive the termination of your Account, whether such termination is requested by you or performed by FLS or its licensees, and that no cause of action will be presented thereby or from FLS or its licensees exercising said granted rights.

EXCEPT FOR THE LIMITED 90 DAY WARRANTY ON PHYSICAL MEDIA AS SET FORTH ABOVE, FLS AND/OR ITS LICENSEES PROVIDE THE THE SOFTWARE, THE ACCOUNT, THE GAME AND ALL OTHER SERVICES “AS IS.” FLS, ITS LICENSEES AND EACH OF OUR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE. Without limiting the foregoing, FLS and its licensees do not ensure continuous, error-free, secure or virus-free operation of the Software, the Game, your Account or continued operation or availability of any given server or Game feature, skill, character class or nationality, art, graphics, items, abilities, zones or other content. Some States and Countries do not allow limitations as to how long an implied warranty lasts and/or exclusions or limitations of consequential damages, so the above limitations and/or exclusions of liability may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from State to State.

FLS and its licensees are not liable for any delay or failure to perform resulting from any causes beyond each of our reasonable control. Further, FLS and its licensees cannot and do not promise or ensure that you will be able to access your Account, or specific Servers within the Game whenever you want, and there may be extended periods of time when you cannot access your Account or specific Servers. You hereby covenant and agree to indemnify, defend and hold harmless FLS, its licensees, each of their affiliated companies, licensors, licensees and suppliers, and all of their respective officers, directors, owners, agents, employees, information providers, affiliates, licensors, designees and licensees (collectively, “Indemnified Parties”) from and against any and all liability and costs including, without limitation, attorneys’ fees and costs, incurred by the Indemnified Parties in connection with any claim arising out of (i) any breach by you of this Agreement or the foregoing representations, warranties and covenants or (ii) your installation or use of the Account, Game and any other hardware or software required or used to play the Game, including use of or access to the internet. You assume the entire risk as to the results and performance of the Software and the Game in connection with your hardware and software, and you assume the entire cost of all servicing, repair and/or correction of your hardware and software. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE ACCOUNT AND THE GAME LAYS AND REMAINS WITH THE USER.

14. IN NO EVENT SHALL FLS OR ITS LICENSEES, EACH OF THEIR PARENT COMPANIES, EACH OF THEIR LICENSORS AND LICENSEES, EACH OF THEIR AFFILIATES OR SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, REVENUE, DATA, CONTENT, ITEMS, HARDWARE, SOFTWARE, INJURY, INFORMATION OR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM POSSESSION, USE, INABILITY TO USE, FAILURE TO PERFORM, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER OR OTHER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF OR MALFUNCTION OF THE GAME, SOFTWARE, YOUR ACCOUNT, THIS AGREEMENT OR THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY OF US OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMIATION, DAMAGE TO PROPERTY AND—TO THE EXTENT PERMITTED BY APPLICABLE LAW—DAMAGES FOR PERSONAL INJURY, EVEN IF WE, VISION, EACH OF OUR RESPECTIVE LICENSORS, LICENSEES, SUPPLIERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THE LIABILITY OF FLS, VISION, EACH OF OUR RESPECTIVE LICENSORS, LICENSEES, SUPPLIERS OR ANY OF OUR OR THEIR RESPECTIVE PARENT OR AFFILIATED COMPANIES TO YOU OR ANY THIRD PARTIES IS LIMITED TO $100. YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST FLS, Vision, EACH OF OUR LICENSORS, LICENSEES, SUPPLIERS AND EACH OF OUR AND THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO ENFORCE THE TERMS HEREOF; HOWEVER, THE FOREGOING SHALL NOT PRECLUDE FLS AND/OR EACH OF OUR LICENSORS OR LICENSEES FROM SEEKING ANY INJUNCTIVE RELIEF. Some states do not allow the foregoing limitations of liability, so they may not apply to you.

15. You shall comply with all applicable laws regarding your use of the Software, your access to your Account and your playing of the Game. Without limiting the foregoing, you may not download, use or otherwise export (or re-export) the Software except in full compliance with all applicable laws and regulations, including, without limitation, the laws of the United States. The Game may NOT be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Sudan, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders (including, but not limited to, the Denied Persons List). By downloading, installing and/or using the Game, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

16. To the maximum extent permitted by law, this Agreement is governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. All parties submit to personal jurisdiction in California and further agree that any cause of action relating to this Agreement shall be brought in the County of Los Angeles, State of California (if under State law) or the Southern District of California (if under Federal law). If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. FLS or its licensees' failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between FLS, its licensees and you with respect to the subject matter hereof. Except as provided herein, this Agreement may not be amended except in a writing signed by both parties.

17. You hereby affirm and agree to those terms and conditions of use set forth in the Game Code of Conduct, which may be obtained at a hotlink located at www.BurningSea.com and which is incorporated herein by this reference, along with the Privacy Policy at that same location.

18. All services hereunder are offered by Flying Lab Software LLC, located at 2815 2nd Avenue, Suite 500, Seattle, WA 98121, or its licensee, Vision Online Games, LLC, located at 5757 W Century Blvd., Suite 700, Los Angeles, CA, 90045. The FLS phone number is 206-272-9815 and Vision’s phone number is (310) 853-3807. Current rates for using the Game may be obtained from a hotlink at www.BurningSea.com, and such rates are subject to change at any time. If you are a California resident, you may have this same information emailed to you by sending a letter to us at the foregoing address with your email address and a request for this information.

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning about these protections, information is available at https://www.worldvillage.com/category/parental-control-software/ or other similar sites providing information on such protections.

The Software is a “commercial item” if acquired under agreement with the U.S. Government or any contractor therewith in accordance with 48 CFR 12.212 of the FAR and, if acquired for Department of Defense (DoD) units, 48 CFR 227-7202 of the DoD FAR Supplement, or any succeeding similar regulations.