Struckd From Unity - Terms of Service

Last updated: July 5, 2024

What’s changed: We have revised Struckd’s Terms of Service to align with Unity’s policies and processes. This update aims to ensure consistency and uniformity across all of Unity’s offerings to provide a better experience for our users.

The prior version of the Terms is available here.

Struckd from Unity (“Struckd”), operated by Unity Technologies SF, an entity duly organized and existing under the laws of the state of California (together with its affiliates and subsidiaries, “Unity”), provides entertainment through a next generation gaming platform where people from all over the world come together to create, share and play games. In these Terms (defined below), the provider of Offerings (defined below) is referred to as “Unity”, “we”, “us” and the associated pronouns. “You” or “Users” refers to the entity or individual using the Offerings that is a party to these Terms.

The Struckd Terms of Service (“Terms”) compromise of:

1. These terms and;
2. The policies, guidelines and any additional product specific terms, applicable to the Offerings (defined below), including but not limited to Privacy Policy and Struckd Content Policy.

These Terms apply to all Struckd products and services across all platforms including:

1. Struckd from Unity;
2. Struckd Studio from Unity; and
3. Any other Struckd services and products provided by Unity from time to time,

(together, the “Offerings”).

Please be aware that any content generated within the Offerings will be shared and may be made available for copying, and, therefore Unity requires a license from you to share User Content (defined below) as set out in Section 6 (Intellectual Property) of these Terms.

1. Scope

1.1. Binding Agreement

By using the Offerings, you affirm you are of the legal age of majority in the place you are accessing the Offerings and understand, accept and agree to be bound and abide by the Terms. If you are considered a minor in the place you are residing, you must only use the Offerings with authorization from your legal guardian, and you and your legal guardian represent and warrant that you and your legal guardian have read, understood and agreed to the Terms. If you are a legal guardian of a minor, by allowing a minor to use the Offerings, you are subject to the Terms and are responsible for the minor's activity on the Offerings.

1.2. Updates and Enforceability

We may modify the Terms at any time, without prior notice and such changes will be effective from the date of their publication (unless otherwise provided). The date of when the Terms have been last updated will appear at the top of these Terms. By continuing to access or use the Offerings after we have notified you of updates to the Terms, you agree to be bound by the updated Terms. If the updated Terms are not acceptable to you, your only recourse is to cease using the Offerings.

2. Responsibilities of Users

2.1. Use

The Offerings provide you with different features and functionalities, which may be updated or discontinued. You warrant and undertake:

(a) to use the Offerings as intended and in accordance with the Struckd Content Policy;

(b) to refrain from using the Offerings in any illegal, immoral or indecent manner;

(c) to use the communications tools with courtesy and respect for other Users;

(d) that any development, content or creation made, submitted or shared by you through the Offerings (“User Content”) is your personal creation, and you own intellectual property rights to allow the use of User Content according to the Terms.

Any infringement of these Terms shall result in suspension or termination of your Account.

2.2. Your Struckd Account

When using the Offerings, you can create an account with a username (“Username Account”). Alternatively, if you do not create a Username Account, an account associated with your device is automatically created (“Device Account”). Unless you are considered a minor in the place you are accessing the Offerings, we recommend the creation of a Username Account, as Device Accounts may not be portable from one device to another.

You agree to provide us accurate information that you will keep up to date. Your account is personal and shall not be shared with third parties.

If you have any reason to believe that the security of your account could be compromised, e.g., your account information has been shared, or your device stolen, you must notify us at support@struckd.com and provide us a description of the case, so that we are able to take appropriate action against the relevant account.

Please remember that passwords or any information shall never be shared, and if another user requests such information, we ask you to report this User by using the reporting features within the Offering or contacting us at support@struckd.com.

2.3. Compliance with Laws

You are solely responsible for ensuring that you will comply with all applicable laws and regulations in connection with your use of the Offerings and in accordance with the Terms. For export control compliance, you are not allowed to directly or indirectly export, re-export, or transfer the Offerings/ or permit use of the Offerings to prohibited countries or individuals. At the effective date of the Terms, prohibited countries include Cuba, Iran, North Korea and Syria and any countries under embargo pursuant to applicable export control regulation.

In addition, third party services that may be accessed from, displayed through, or linked to, your use of the Offerings, may be not available, appropriate, or compliant in all languages or countries. To the extent you choose to access third parties’ services displayed through, linked to, or accessed from the Offerings, you do so at your own risk, and you are solely responsible for using such third-party services in accordance with any applicable laws.

2.4. Disclaimer

As the Offerings allow Users to share content, you understand that when using the Offerings, you might be exposed to content from a variety of sources and acknowledge that such content may not be adapted, offensive, immoral, or questionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Unity with respect to hosted content. To create a safe environment for our users, we encourage you to report such content in accordance with the Struckd Content Policy.

2.5. Fees for Third Parties’ Services

Links available through your use of the Offerings may redirect to third parties’ services, and such services may be subject to additional fees, either directly or through your carrier. Third parties’ terms as well as your carrier terms and conditions shall apply. We have no control on such third parties’ services and as such, shall not be held responsible for any fees.

3. Unity’s Responsibilities

3.1. Changes to or Discontinuance of the Offerings

The Offerings are provided AS IS, and Unity does not guarantee either continuity or availability of the Offerings, as such as we reserve the right to modify, discontinue, substitute or terminate any of the Offerings. Any Offering may be suspended for any reason, e.g., maintenance, and we endeavor to notify you if and to the extent practicable. We are not liable for loss of data of any kind (including but not limited to games and User Content).

3.2. Third-party Services

For the exchange of data with third parties, please refer to the Privacy Policy.

The Offerings rely on third party services such as hosting, technical tools, etc. or to share contents (e.g., Facebook). These third-party services are not under our control, and we are not responsible for any third-party service’s use of your exported information, User Content, or compliance with applicable laws of such third party services. Offerings may contain links to third party websites. Unity is not, and shall not be held, responsible for the content on such third-party websites. Nevertheless, we endeavor to create and maintain a safe environment for our Users and encourage Users to report any inappropriate content by contacting support@struckd.com.

3.3. User Content

In respect of the Offerings, Unity acts as a hosting provider and is under no obligation to edit or control any User Content. As such, Unity is not liable for any damages associated with User Content.

4. Suspension/Termination

Unity may terminate (or disable or suspend your access to and use of) any or all Offerings, or terminate these Terms and/or your account, if you are in breach of these Terms or applicable law. Unity may also immediately disable or suspend your access to and use of Offerings and User Content if Unity believes in good faith that your conduct or failure to act, or User Content, may (i) pose a security risk or otherwise adversely impact Offerings, systems or other users, (ii) constitute or enable tampering with, removing, disabling or otherwise limiting the effectiveness of any technical protections, or (iii) subject Unity, any reseller or any other user to liability.

In addition, Unity may remove your content from the Offerings, at any time, if such content infringes any intellectual property rights, applicable law, or Struckd Content Transparency Policy. Unity shall not be liable in any way because of any suspension, termination and/or content removal. You may obtain more information on the reasons for our actions by contacting us at support@struckd.com.

5. Access to Offerings and Restrictions

5.1. Access to and Use of Offerings

For any Offering consisting of software (including mobile applications) or an online or cloud-based service that Unity makes available to you, Unity hereby grants you a non-exclusive, limited, revocable, non-transferable, non-sublicensable right to access and use the Offering, in accordance with the Terms. The foregoing rights are and remain subject to and conditioned on your compliance with these Terms.

5.2. Restrictions of Use. In respect of the Offerings, Users may not; (a) sublicense, distribute, transmit, sell, lease, rent, loan any part of the Offerings; (b) copy, modify, distribute, publicly perform or display, reverse engineer, disassemble, modify, or create derivative works of the Offerings or related or implemented technology; (c) remove, disable or otherwise limit the effectiveness of any technical protection; (d) engage in any decompiling, disassembling or other reverse engineering or otherwise attempting to derive or gain access to any Offerings’ source code, in whole or in part (unless a portion of code contained within the Offerings is released as open source and the open source license governing such code expressly permits reverse engineering, copying or other modification); (e) use the Offerings to create content that violates these Terms including the Struckd Content Policy; or (f) use the Offerings (or any part thereof or any technology contained therein) in any manner that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable laws.

6. Intellectual Property, User Content and Game Data

6.1. Unity Proprietary Rights

Unity and its licensors and service providers own all intellectual property and other rights with respect to the Offerings, the websites related to the Offerings, and other information or material made available to you by or for Unity, including graphics, texts, visual interfaces, source code, API, database, and any materials or other information based on, derived from or otherwise using any of the foregoing. You do not obtain any rights to the foregoing except as set forth in these Terms and hereby assign to Unity any rights in the foregoing.

6.2. Content Available for Creation

Unity may make content and templates available to you to use as part of the Offerings (“Creation Content”). Unity grants you a non-exclusive worldwide license to use the Unity Content, including right of display and reproduce, publicly perform, create derivatives, for the purpose of using Creation Content within the Offerings until the earlier of: (a) the termination of your Account; and (b) the duration of availability of the Creation Content. If certain Creation Content is accompanied by a specific license, the terms of this license shall prevail over these Terms. You are not allowed to use or create derivative works of Creation Content other than in the context of the Offerings (i.e., creation of further shared content or games).

Examples:

(a) If music is made available, you are granted a license to use this music within your own game and to synchronize it. You are not allowed to use the music by itself or to make a video to be distributed on another platform, etc.

(b) If graphics are made available, you are granted a license to use these graphics to create derivative content and to use in your own game. You are not allowed to use it to create an image bank, or to use it as a logo for a website, etc.

6.3. Use of User Content

(a) The Offerings allow you to create derivative works based on content available on the Offerings, add content (e.g., title of your game), and potentially make your User Content available for copying, modification, and distribution by other Users within the Offerings. Please be aware that Unity may, at any time and without prior notice, screen, remove, edit, or block any User Content that as outlined in our Struckd Content Policy.

(b) Unity respects copyright law and expects its users to do the same. Unity has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Unity’s Copyright Policy for further information.

(c) You retain all rights in your User Content, but in consideration of the use of the Offerings by you and other Users, you grant Unity a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable license to host, store, transfer, publicly display, publicly perform (including by means of digital transmissions and on a through-to-the-audience basis), reproduce, modify, adapt (including timed synchronization to visual images), create derivative works of, distribute, and use in any way User Content (including for marketing purposes), in whole or in part, including modifications and derivative works, in any media or formats (tangible or intangible) and through any media, items or channels (online, offline, or others, now known or hereafter developed).

(d) In regard to User Content used by Unity for marketing purposes, your User Content shall only be represented as a part of the applicable Offering, and not represented by itself.

Example: A TV-spot represents an example of a game developed through an Offering, including content provided by different users. We endeavor to indicate the name of these users in any medium associated with the marketing content.

(e) Representations and warranties

You are solely responsible for your User Content and you represent and warrant that in respect of User Content: (i) You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions, to use and to authorize Unity to exploit the license that you grant to us and the users of our Offerings; and (ii) The use of User Content as contemplated by these Terms, does not and will not: (a) infringe, violate, or misappropriate any third party right, including any intellectual property, but also image rights, secret, privacy; (b) libel, defame, slander, or invade the right of privacy, publicity or other rights of any other person; (c) require us or the users of the Offerings to obtain any further licenses from or pay royalties, consideration or compensation or provide any attribution to any third parties; (d) result in a breach of contract between you and a third party; or (e) cause Unity or the users of our Offerings to infringe any law or regulation. You must not submit any content that you are not the owner of or are not fully authorized to grant rights in any of the elements of the content you intend to provide. Your breach of this section may result in legal action instigated by us, as well as suspension or termination of your Account.

6.4. Allow Copy

(i) By submitting User Content through the Offerings, such content will be subject to the “Allow Copy” feature described in this section. As the content creator, you have the option to disable the feature by turning it off prior to each submission of User Content.

(ii) By choosing not to disable the “Allow Copy” feature, you agree to grant other users of the Offering a non-exclusive, irrevocable, perpetual, worldwide, royalty-free right to copy, modify, distribute, and otherwise make use of your User Content. Please note that once User Content becomes subject to the “Allow Copy” feature, it cannot be removed from applicable Offering, even after the entire deletion of your Account.

(iii) All derivative works of a copied content can only be shared, published, displayed, and otherwise distributed within the Offerings. Any kind of exploitation outside of the Offerings is prohibited.

(iv) The “Allow Copy” feature is not available for User Content submitted by a user who is considered a minor in his/her country. Nevertheless, a minor can still copy the content created by other adult users.

6.5. Game Data

For each game created by a User and subject to the provisions of our Privacy Policy, Unity shall have right to use data related to or obtained in connection with that game to: (a) provide, develop and improve the Offerings; (b) to comply with applicable laws (including law enforcement requests); and (c) to provide support services.

7. Struckd Coin

7.1. What is Struckd Coin

Struckd Coin is digitally represented in the Offerings as virtual tokens that can be used and transferred between you and other users to enhance your experience within the Offerings, including without limitations, getting access to additional features, unlocking access to certain experience within the Offerings, and/or acquiring additional assets from other users.

You recognize and acknowledge that Struckd Coin is not currency or any type of currency substitute or financial instrument. Unless otherwise provided by Terms, the Struckd Coin cannot be used, and we are not under the obligation to redeem the Struckd Coin for fiat currency or anything else of value.

7.2. How to Get Struckd Coin

If you are at or at least the age of 18, you may purchase Struckd Coin from our service provider partner, Tilia LLC (“Tilia”) via the in-application payment processing services of your device. Please note that Struckd Coin is issued and managed by Tilia under the Tilia User Terms of Service and Privacy Policy (collectively, “Tilia TOS”). Before your purchase and use of Struckd Coin, please make sure that you have read and agreed to these Terms as well as the Tilia TOS.

7.3. Struckd Coin is Non-Refundable

All payments for Struckd Coin are final and not refundable, except as required by law or otherwise permitted under the Tilia TOS. Any purchase, sale or distribution of Struckd Coin outside of the Offerings and not expressly set out in this Terms will be void and considered as a violation of this Terms. We do not take any responsibility with regards to any third-party services that claim to allow use or trade of Struckd Coin outside of the Offerings.

7.4. How to use Struckd Coin

There are two ways for you to acquire Struckd Coin: (a) from Tilia through your in-application purchase, or (b) from other users through the transactions within the Offerings.

By spending the Struckd Coin you acquired, you may: (a) acquire additional digital assets from other users for the games they created; or (b) acquire additional digital assets or unlock certain experience from us. Note that spending Struckd Coin is solely for your personal entertainment and does not create any legally enforceable contract between you and us or between you and other users. There is no enforceable legal right you would acquire from spending or trading Struckd Coin within the Offerings.

8. Disclaimers / No Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, UNITY AND ITS AFFILIATES, EACH DISCLAIM ANY AND ALL WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) IN CONNECTION WITH THE OFFERINGS INCLUDING BETA SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL OFFERINGS, AND ALL INFORMATION, CONTENT AND MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE OFFERINGS (“OFFERINGS ASSETS”) ARE PROVIDED “AS-IS” AND WITHOUT WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTIES OF PERFORMANCE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE OR TRADE USAGE. UNITY DOES NOT MAKE, AND HAS NOT MADE, ANY REPRESENTATION OR WARRANTY THAT ANY PART OF THE OFFERINGS OR OFFERING ASSETS ARE ACCURATE, COMPLETE, RELIABLE OR CURRENT OR THAT THE OPERATION OF ANY PART OF THE OFFERINGS OR OFFERING ASSETS WILL PERFORM UNINTERRUPTED OR ERROR FREE OR AT ALL. UNITY DOES NOT WARRANT OR GUARANTEE THE UPTIME OF SERVICES OR RESULTS OF USE OF THE OFFERINGS OR OFFERING ASSETS AND SPECIFICALLY DISCLAIMS ANY WARRANTY THAT YOU WILL EARN ANY PARTICULAR AMOUNTS (OR ANY AMOUNTS AT ALL), THAT UNITY WILL OPTIMIZE ANY KEY PERFORMANCE INDICATOR, OR ANY OTHER PARTICULAR BENEFITS WILL BE OBTAINED THROUGH THE USE OF THE OFFERINGS OR OFFERING ASSETS. FOR THE AVOIDANCE OF DOUBT, UNITY AND ITS AFFILIATES EACH DISCLAIM ANY AND ALL LIABILITY ASSOCIATED WITH UNITY’S OR ITS AFFILIATES’ INABILITY TO PERFORM TRANSACTIONS OR OTHERWISE PROVIDE THE OFFERINGS DURING ANY SERVER, SYSTEM, SITE, OR SERVICE OUTAGE (INCLUDING AS A RESULT OF ANY DENIAL OF SERVICE OR OTHER CYBER-ATTACK), AND YOU ACKNOWLEDGE AND AGREE THAT NO SUCH OUTAGE WILL EXCUSE OR SERVE AS A BASIS FOR REDUCTION OF ANY FEES OR PAYMENTS DUE FROM YOU TO UNITY HEREUNDER.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL UNITY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS (COLLECTIVELY, THE “UNITY PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES, LOSS OF GOODWILL OR OTHER COMMERCIAL OR ECONOMIC LOSS ARISING OUT OF OR RELATING TO THESE TERMS OR ANY OF THE SERVICES OR SERVICES ASSETS, EVEN IF UNITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. THE UNITY PARTIES’ AGGREGATE LIABILITY IN RESPECT OF ALL LOSSES ARISING OUT OF OR RELATING TO THESE TERMS OR ANY OF THE SERVICES OR SERVICES ASSETS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, WILL NOT EXCEED ONE HUNDRED DOLLARS ($100) USD.

10. Dispute Resolution and Governing Law

10.1. These Terms and relationship between the parties will be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to or application of conflict of laws rules or principles and regardless of your location. The United Nations Convention on Contracts for the International Sale of Goods will not apply.

10.2. Except as set forth below, any dispute arising out of or in connection with these Terms, including any disputes regarding the existence, validity or termination thereof, shall be settled by arbitration.

10.3. The parties agree that all disputes must be arbitrated in the City and County of San Francisco, California State of California, United States of America before the American Arbitration Association (“AAA”) and under the AAA’s Commercial Arbitration Rules. The arbitration shall be conducted by one (1) arbitrator in English. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND UNITY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

10.4. Notwithstanding the parties’ ability to resolve all disputes through arbitration, we may bring an action in court (1) to enforce its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights), including without limitation to seek injunctive relief, or (2) in cases that do not involve intellectual property rights, to seek temporary, preliminary or other expedited or provisional injunctive relief (but not money damages). If you reside (or your principal place of business is) within the United States and the parties have an intellectual property rights dispute, you and Unity agree to submit to the personal and exclusive jurisdiction of and venue the state and federal courts located in the City and County of San Francisco, California. The parties agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

11. Notices

Notices to you will be sent by email to the address you provide Unity. Notices to Unity will be sent by email; provided, however, that any notice to Unity concerning termination, breach, indemnification or any other legal concern (collectively, “Legal Notice”) will be made in writing and delivered by hand delivery, or by internationally recognized overnight courier service, or by prepaid, certified U.S. mail return receipt requested to: Unity Technologies, 30 3rd Street, San Francisco, CA 94103, USA, Attn: Legal Department. Notices will be effective upon receipt; provided that notices sent by email will be effective as of the email date absent receipt by the sender of a bounce back or error message, and provided further that Legal Notices to Unity will be effective only if made and delivered in the manner expressly set forth above.

12. Notice regarding Apple

To the extent that you are using an Offering on an iOS device, you further acknowledge and agree to the terms of this section 12. You acknowledge that these Terms are between you and us only, not with Apple, and Apple is not responsible for the Offerings or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support service with respect to an Offering. In the event of any failure of an Offering to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation what- soever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Offering or your possession and/or use of the Offering, including, but not limited to: (i) product liability claims; (ii) any claim that the Offering fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Offering and/or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Offering. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

13. Notice to California Residents

Complaints. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, CA 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding the use of the Service.

14. Further Provisions

14.1. Entire Agreement

These Terms, together with the other documents expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and us regarding your use of the Offerings.

14.2. Assignment

You may not assign or transfer your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time to any entity without notice or consent. These Terms are binding on and inures to the benefit of our respective heirs, successors and assigns.

14.3. Severability

If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, or, if it cannot legally be given any effect, will be replaced by the valid provision the nearest to the intention of the parties, and the remaining parts will remain in full force and effect in their original version.

14.4. Survival

If an Account is terminated, for any reason whatsoever, any part of these Terms which by their nature should survive the termination will remain into force as long as the interest of their survivance prevails.

14.5 Waiver

No waiver of any part of these Terms by either you or us shall be deemed a continuing or further waiver of any such part or any other part of the Terms, and your or our failure to assert any rights or part of these Terms shall not be deemed or otherwise constitute a waiver of such right or part.

14.6. Interpretation

Use of section headers in these Terms is made for convenience only and will not have any impact on the interpretation of any provision.

14.7. Consent to electronic communications

By using the Offerings, you consent to receive and engage electronic communications from/with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.