TERMS OF USE
Last Revised: May 22, 2018

Please read these terms of use carefully. By accessing or using any website, service, game, or application offered by Tetris Online, Inc ("TOA Products"), you agree to be bound by the Terms and Conditions described herein and any terms and agreements incorporated by reference. If you do not agree to all of these terms, you should not access or use TOA Products.

These terms of use ("Terms of Use") apply exclusively to your access to, and use of TOA Products, including, without limitation, TOA products that link to or otherwise reference these Terms of Use.

These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Tetris Online, Inc. (referred to herein as "Tetris Online" or "TOA"), or its subsidiaries or affiliates, for products, services or otherwise. TOA reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any policy or guideline of TOA Products, at any time and in its sole discretion. TOA will indicate at the top of the Terms of Use the date such document was last updated. Any changes or modification will be effective immediately upon posting of the revisions on the applicable TOA Product. If the changes we make to our Terms of Use are significant, we will notify you on TOA Products that our Terms of Use have been revised. You expressly agree to waive any notice of such changes. Your continued use of TOA Products following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you agree to review the Terms of Use and applicable policies whenever you use TOA Products, in order to determine whether such terms have changed and to understand the terms and conditions that apply to your use of TOA Products. If you do not agree to the amended terms, you must stop using TOA Products.
TABLE OF CONTENTS
Privacy Policy
Terms of Sale
User Content and Conduct
Third Party Content and Applications
Legal Notices
Copyright and Limited License
Copyright Infringement Complaints
Trademarks
Hyperlinks
Advertisements and Promotions
Submissions
Alpha and Closed Beta Tests
Contests
Registration and Registration Data; Account Security
Indemnification
Disclaimer
Limitation of Liability
Applicable Law and Venue
Termination
Severability
TERMS OF SALE

All sales of products and services by TOA are governed by TOA’s Terms of Sale set forth herein. By ordering products or services from TOA through any TOA Product, you agree to be bound by and accept such Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in TOA’s sole discretion, so you should review the Terms of Sale each time you make a purchase.

From time to time, TOA may use various third party vendors for transaction processing, virtual goods sales, offers and similar purposes. Your interactions with third party vendors are also governed by their Terms of Use/Service/Sale and Privacy Policies.

Current third party vendors include: (in alphabetical order)

TOA may offer a virtual, in–game currency ("Virtual Currency") including, but not limited to coins, cash, or points, that may be purchased from TOA for "real world" money if you are a legal adult in your country of residence. TOA may also offer virtual, in–game digital items ("Virtual Goods") that may be purchased from TOA for "real world" money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for "real world" money, goods or other items of monetary value from TOA or any other party.

Other than a limited, personal, revocable, non–transferable, non–sublicenseable license to use the Virtual Goods or Virtual Currency on applicable TOA Products for which such Virtual Goods or Virtual Currency were acquired, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating on TOA Products, or any other attributes associated with use of TOA Products, or offered or stored on or within TOA Products.

TOA has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and TOA shall have no liability to you or anyone for the exercise of such rights.

TOA’S RIGHTS INCLUDE, WITHOUT LIMITATION, THE RIGHT TO MANAGE, REGULATE, CONTROL, MODIFY AND/OR ELIMINATE VIRTUAL GOODS OR VIRTUAL CURRENCY OFFERED USING TERMS SUCH AS "UNLIMITED", "PERPETUAL" OR "ENDLESS."

Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within applicable TOA Products. Outside of applicable TOA Products, you may not buy or sell any Virtual Currency or Virtual Goods for "real world" money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from any or all TOA Products and possible legal action.

You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Currencies are forfeited if your account is terminated or suspended for any reason, in TOA’s sole and absolute discretion, or if TOA discontinues providing applicable TOA Products.

If you have a balance of Virtual Goods or Virtual Currency unused for three years, TOA may redeem that balance by transferring some or all of such Virtual Goods or Virtual Currency balance to users you have identified as friends or donating to a nonprofit organization of TOA’s choice (and, if applicable, charging standard redemption fees for those transactions).

If TOA elects to make Virtual Goods and/or Currencies available for purchase using credits offered by the applicable social networking site ("SNS Credits"), your purchase of SNS Credits is subject to the applicable terms and conditions of the social networking site from which the SNS Credits were purchased. It is your responsibility to read and accept those terms. TOA shall not be responsible or liable for your interactions with the social networking site or your purchase of SNS Credits.

USER CONTENT AND CONDUCT

TOA Products may include interactive areas or services, such as personal profile pages, multiplayer video games, instant messaging features, chat rooms or message boards, avatar creation functions, or other areas or services in which you or third parties create, send, post share or store content, messages, materials or other items on or through the TOA Products ("Interactive Areas").

You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any TOA Products, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through any TOA Products any of the following:

  • Any message, data, information, text, music, sound, photos, graphics, code or other material ("User Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, racially or ethically offensive, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

  • User Content that would encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national or international law;

  • User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;

  • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

  • Unsolicited promotions, political campaigning, advertising or solicitations;

  • Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

  • Viruses, corrupted data or other harmful, disruptive or destructive files; and

  • User Content that, in the sole judgment of Tetris Online, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas , the Site or the Applications, or which may expose Tetris Online or its users to any harm or liability of any type.

  • User Content that disrupts the flow of chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, "spamming" or flooding [posting repetitive text.]

  • User Content that improperly uses in–game support or complaint buttons to make false reports to Tetris Online employees.

  • User content that promotes the use of Tetris Online software on or through any service that is not controlled or authorized by Tetris Online.

  • User Content that violates any Terms of Service or the game rules of conduct;

  • User content that tricks, defrauds, or misleads Tetris Online or other users, especially in any attempt to learn sensitive account information such as passwords;

  • User content that promotes the sale of any part of the Service including but not limited to Virtual Goods and Currencies, user accounts, and access to them in exchange for real currency;

Without limiting any of the foregoing, you also agree to abide by our Acceptable Use Policy that provides further information regarding acceptable conduct on TOA Products. You understand and agree that the Acceptable Use Policy is subject to change by Tetris Online at any time by posting an updated policy. Tetris Online shall indicate at the top of the Acceptable Use Policy the date such document was last updated, and any changes will be effective immediately upon posting of the revisions.

YOUR USE OF TOA PRODUCTS IS AT YOUR OWN RISK. TETRIS ONLINE IS NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR USER CONTENT PROVIDED BY ITS USERS ON THE TOA PRODUCTS, OR FOR THE CONDUCT OF ITS USERS.NOR IS TETRIS ONLINE LIABLE FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY OR PROFANITY YOU MAY ENCOUNTER.

Tetris Online also is not responsible or liable for any User Content that is incorporated in your personal profile through your election to have Tetris Online pull information and materials from your accounts with third party websites or services, including any errors in such information and materials. While Tetris Online may offer features that enable you to make aspects of the information or materials in your personal profile or your other User Content non–public, Tetris Online is not liable for any inadvertent public display or distribution of such User Content despite your election to make such User Content private. Therefore, you should not post any confidential or otherwise sensitive User Content that you would not feel comfortable having made public. As a provider of interactive services, Tetris Online is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area.

Although Tetris Online has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Tetris Online reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on any of the TOA Products at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the TOA Products at your sole cost and expense. Any use of the TOA Products in violation of the rules set forth herein violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the TOA Products.

If you post User Content to the TOA Products, you grant Tetris Online and its affiliates a nonexclusive, royalty–free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media, as well as the right to use the name that you submit in connection with such User Content. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the TOA Products; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.

THIRD PARTY CONTENT AND APPLICATIONS​​​

​TOA may provide links to Web pages, Web sites and other content of third parties ("Third Party Content") and may make third party widgets, plug–ins or other software applications available to users ("the Third Party Applications") as a service to it users. TOA does not monitor or have any control over, and is not responsible or liable for, any Third Party Content or Third Party Applications.

Third Party Content and Third Party Applications are provided "AS–IS," and TOA does not endorse or sponsor any Third Party Content or Third Party Applications.

​TOA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO SUCH THIRD PARTY CONTENT OR THIRD PARTY APPLICATIONS, INCLUDING WITHOUT LIMITATION THE CONTENT, FUNCTIONALITY, ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, LEGALITY OR SAFETY THEREOF. USERS USE THE THIRD PARTY CONTENT AND THIRD PARTY APPLICATIONS CONTAINED THEREIN AT THEIR OWN RISK.

LEGAL NOTICES

Tetris ® & © 1985~2018 Tetris Holding. Tetris logos, Tetris theme song and Tetriminos are trademarks of Tetris Holding. The Tetris trade dress is owned by Tetris Holding. Licensed to The Tetris Company. Tetris Game Design by Alexey Pajitnov. Tetris Logo Design by Roger Dean. All Rights Reserved. Sublicensed to Tetris Online, Inc.

COPYRIGHT AND LIMITED LICENSE

Unless otherwise indicated, TOA Products, and all content and other materials on the TOA Products or available through the TOA Products, including, without limitation, logos, designs, text, graphics, pictures, information, games, data, software, sound files, and other content and files, and the selection and arrangement thereof (collectively, the "Materials"), are the proprietary property of TOA or its licensors and are protected by U.S. and international copyright laws.

You are granted a limited, non–sublicensable license to access and use TOA Products for your non–commercial and personal use only. Such license is subject to these Terms of Use and does not include: (a) any resale or commercial use of TOA Products or the Materials therein; (b) the collection and use of any data, pictures or descriptions; (c) the distribution, public performance or public display of any TOA Products or Materials, (d) recording any game play or other aspects of TOA Products, for personal use or otherwise, without TOA’s written consent (e) modifying or otherwise making any derivative uses of any of the TOA Products or the Materials, or any portion thereof; (f) use of any data mining, robots or similar data gathering or extraction methods; (g) downloading (other than the page caching) of any portion of the TOA Products, the Materials or any information contained therein, except as expressly permitted on the Site or Applications; (h) Use of any Tetris Software or any Third Party Applications except in accordance with these Terms of Use and any applicable EULA; or (i) any use of TOA Products or the Materials other than for its intended purpose. Any use of TOA Products or the Materials other than as specifically authorized herein, without the prior written permission of TOA, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws. Except as explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

COPYRIGHT INFRINGEMENT COMPLAINTS
​​
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that anything on any TOA Product infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

For your notice to be effective, it must include the following information:

i. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

ii. A description of the copyright work that you claim has been infringed upon;

iii. A description of where the material that you claim is infringing is located, including the name of the relevant TOA Product and, if available, a link to the location of such allegedly infringing material in such TOA Product;

iv. Information reasonably sufficient to permit TOA to contact you, such as address, telephone number, and if available, an email address at which you may be contacted;

v. A statement by you that you have a good–faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,

vi. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We highly recommend that you send any complaints by email to dmca@tetrisonline.com for efficient processing.

Otherwise, you may use the traditional (and slower) methods below.

Tetris Online’s Designated Agent is:

       Customer Service, ATTN: DMCA 
       Tetris Online, Inc. 
       55 Merchant Street, Suite 1550 
       Honolulu HI 96813 

* REPEAT INFRINGERS NOTICE *  
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, TOA may, in appropriate circumstances and at TOA’s sole discretion, terminate users, subscribers or account holders who are deemed to be repeat infringers. TOA may also at its sole discretion limit access to any or all TOA Products and/or terminate access and/or the registrations and/or accounts of any users, subscribers or account holders who infringe any intellectual property rights of others, whether or not there is any repeat infringement.



​​TRADEMARKS​

Tetris Online, Tetris, the Tetris Online logos and any other product or service name or slogan contained in TOA Products are trademarks of Tetris Online and its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Tetris Online or the applicable trademark holder.

You may not use any metatags or any other "hidden text" utilizing "Tetris" or any other name, trademark or product or service name of Tetris Online or any TOA Product without our prior written permission. In addition, the look and feel of TOA Products, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Tetris Online and its licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission.

All other trademarks, registered trademarks, product names and company names or logos mentioned in TOA Products are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Tetris Online.

HYPERLINKS

You are granted a limited, non–exclusive right to create text hyperlinks to TOA Products for noncommercial purposes, provided such link does not portray Tetris Online or any TOA Product or service in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any material that is offensive, harassing, adult in nature, illegal or otherwise objectionable. This limited right may be revoked at any time. You may not use a Tetris Online logo or TOA Product logo or other proprietary graphic of Tetris Online to link to any of the TOA Products without the express written permission of Tetris Online.

Further, you may not use, frame or utilize framing techniques to enclose any Tetris Online or TOA Product trademark, logo or other proprietary information, including the images found in TOA Products, the content of any text or the layout/design of any page or form contained on a page on any of TOA Products, without Tetris Online’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Tetris Online or any third party.

Tetris Online makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third–party websites accessible by hyperlink from TOA Products, or of Web sites linking to TOA Products. Such sites are not under the control of Tetris Online, and Tetris Online is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Tetris Online provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Tetris Online of any site or any information contained therein. When you leave any TOA Product, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the TOA Products.

ADVERTISEMENTS AND PROMOTIONS

TOA may run advertisements and promotions from third parties on TOA Products. Your business dealings or correspondence with, or participation in promotions of, advertisers other than TOA, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. TOA is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non–TOA advertisers on TOA Products.

For additional privacy details, please review our Privacy Policy.


SUBMISSIONS

TOA does not accept or consider unsolicited idea submissions. An idea submission is any creative idea, suggestion, or proposal related to any new or improved games, products, promotions, marketing plans, processes, or technologies. Please do not send any such idea submissions in any form to TOA or any of its employees. Our policy is aimed at avoiding potential misunderstandings or disputes when our company’s products or strategies might seem similar to ideas submitted.

In the event you make such an unsolicited submission, then you acknowledge the following: (i) your submission and its contents will automatically become the property of TOA without any compensation to you; (ii) there is no obligation for TOA to review the submission; and, (iii) you grant TOA a worldwide, non–exclusive, royalty–free, fully paid, perpetual, irrevocable, sublicensable, and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit any and all related intellectual property rights of such submission.

Please note that if you are given access to any new portion of the TOA Products as an Alpha or Beta Tester, the submission rules and protocols relating to Alpha and Best Testing supersede this section on Idea Submissions (Section 13) for any submissions you make in connection with your access as an Alpha or Beta Tester.

ALPHA AND BETA TESTS

You may be allowed access to new or revised portions of TOA Products for the purposes of alpha and beta testing. As an alpha or beta tester (the "Tester"), you are given access to TOA Products solely for the purpose of evaluating the alpha or beta version, providing feedback and helping to identify errors, and you agree to use TOA Products in accordance with the following terms:

Tester agrees to and does hereby assign to TOA all rights throughout the world, including without limitation copyright, trade secret rights and the right to patent, in any invention, improvement, idea or know–how (whether or not patentable) that is conceived, learned or reduced to practice in the context of Tester’s use of any TOA Product including without limitation all suggestions, comments, improvements, bug–fixes and other information that you report to TOA.

When using a TOA Product during the alpha and beta tests, you may accumulate points, treasures, equipment, game histories, Virtual Goods and/or Currencies or other items and value or status indicators (the "Items"). You understand that such Items may be lost or reset at any time during the testing process or when a particular testing phase is completed, and in such case, all player history, data and Items may be erased.

The Tester acknowledges that TOA Products or portion thereof in an alpha or a beta test may contain bugs, performance defects and other anomalies. TOA DISCLAIMS ALL WARRANTIES RELATING TO ANY TOA PRODUCT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO , ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD–PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.


CONTESTS

From time to time, TOA may run various contests and promotions for or in connection with the TOA Products. The rules for such contests and promotions will be provided on such TOA Products.​

REGISTRATION AND REGISTRATION DATA; ACCOUNT SECURITY

You agree to provide true, accurate, current and complete information about you as may be prompted by any registration forms on TOA Products ("Registration Data") and to maintain the security of your password and identification. You further agree to maintain and promptly update the Registration Data, and any other information you provide to Tetris Online, to keep it accurate, current and complete. You accept all risks of unauthorized access to the Registration Data and any other information you provide to Tetris Online. Tetris Online reserves the right to refuse registration, or to refuse or limit access to TOA Products, to anyone in its sole discretion for any reason or no reason.​

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Tetris Online, its independent contractors, service providers, and consultants, and their respective directors, licensors, employees and agents, from and against all claims, including reasonable attorneys’ fees, made by any third party due to, or arising out of or related to your violation of these Terms of Use, or your violation of applicable law, rule, regulation or third party right.

DISCLAIMER

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY TETRIS ONLINE, TOA PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TETRIS ONLINE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON–INFRINGEMENT, AS TO THE TOA PRODUCTS AND THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY TETRIS SOFTWARE, THIRD-PARTY CONTENT AND THIRD-PARTY APPLICATIONS. TETRIS ONLINE DOES NOT REPRESENT OR WARRANT THAT TOA PRODUCTS OR THE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR–FREE.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. TETRIS ONLINE IS NOT RESPONSIBLE FOR THE ACTIONS OF ANY THIRD PARTIES WHO MAY ACCESS THE SITE OR USE THE TOA PRODUCTS, AND YOUR USE OF TOA PRODUCTS IS AT YOUR OWN RISK.

TETRIS ONLINE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. WHILE TETRIS ONLINE ATTEMPTS TO MAKE YOUR ACCESS AND USE OF TOA PRODUCTS SAFE, TETRIS ONLINE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT TOA PRODUCTS, ITS SERVER(S), THE TETRIS SOFTWARE, THIRD-PARTY APPLICATIONS OR OTHER SITE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY–RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

Tetris Online reserves the right to change, cancel or delete any and all content contained in TOA Products at any time without notice. This includes without limitation any levels, rankings, scores, points, game play history, or public recognition you may have achieved or attained.


LIMITATION OF LIABILITY

IN NO EVENT SHALL TETRIS ONLINE, ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND DEVELOPERS OR ANY OF THEIR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS (COLLECTIVELY, "TOA ENTITIES") BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF ANY TOA PRODUCT OR OTHER MATERIALS CONTAINED IN OR ACCESSED THROUGH THE TOA PRODUCTS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM TETRIS ONLINE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF PROFILES OR MESSAGES, CANCELLATION OF SAVED GAMES, CHANGES TO OR DELETION OF GAME SCORES OR RANKINGS, THE PROCESS OF MATCHING USERS TO PLAY MULTIPLAYER GAMES OR ENGAGE IN OTHER MULTI–USER ACTIVITIES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO TETRIS ONLINE’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TETRIS ONLINE AND ANY OF THE TOA ENTITIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF TOA PRODUCTS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO TETRIS ONLINE FOR ACCESS TO OR USE OF TOA PRODUCTS.

APPLICABLE LAW AND VENUE

These Terms of Use and your use of TOA Products shall be governed by and construed in accordance with the laws of the State of Delaware, applicable to agreements made and to be entirely performed within the State of Delaware, without resort to its conflict of law provisions.

TERMINATION

Notwithstanding any of these Terms of Use, Tetris Online reserves the right, without notice and in its sole discretion, to terminate your license to use any or all TOA Products, and to block or prevent future your access to and use of any or all TOA Products.​

SEVERABILITY

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.