ANT HIVE CREATIONS INC. Terms of Service
IMPORTANT LEGAL NOTICE: PLEASE READ THESE TERMS OF SERVICE CAREFULLY AND IN THEIR ENTIRETY BEFORE ACCESSING OR USING OUR SERVICES. THIS DOCUMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU ("USER," "YOU," OR "YOUR") AND ANT HIVE CREATIONS INC. ("COMPANY," "WE," "US," OR "OUR"). THIS AGREEMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES, INCLUDING A MANDATORY INDIVIDUAL ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THESE PROVISIONS REQUIRE THAT MOST DISPUTES BETWEEN YOU AND US BE RESOLVED THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT BY A JURY OR AS PART OF ANY CLASS ACTION. IF YOU DO NOT AGREE TO THESE TERMS, YOUR SOLE RECOURSE IS TO NOT ACCESS OR USE OUR SERVICES.
Disclaimer: This document is a general Terms of Service template prepared for ANT HIVE CREATIONS INC. It is intended to provide a comprehensive and detailed legal framework. However, it does not substitute for professional legal advice provided by a qualified attorney with experience in the relevant industry. The Company must consult with its legal counsel before officially publishing and implementing these Terms to ensure full compliance with its specific business model, risk management strategies, operational practices, and all applicable federal, state, and local laws and regulations.
1. Acceptance and Scope of the Agreement
1.1 Constitution and Acceptance of the Agreement
Welcome to the websites, downloadable mobile applications, content, events, and other related online competitive gaming products and services (collectively, the "Services") provided by ANT HIVE CREATIONS INC. and its affiliates. These Terms of Service, together with our Privacy Policy, which is expressly incorporated herein by reference, and any other supplemental policies, rules, or guidelines that we may publish, constitute the entire and exclusive agreement between you and the Company concerning your access to and use of the Services.
By interacting with the Services in any way, including but not limited to visiting our websites, downloading or installing our mobile applications on your device, registering a user account, participating in any game or contest, or clicking any button or link indicating your consent (e.g., "I Agree," "Register"), you expressly acknowledge and warrant that: first, you have read in full and deeply understood the entire content of these Terms; second, you agree unconditionally to be legally bound by all provisions and conditions of these Terms; and third, you confirm that you possess the legal capacity and full civil authority to enter into this Agreement and to perform the obligations hereunder.
1.2 Modification of the Terms
We operate in a dynamic legal and business environment, and therefore, we reserve the right, at our sole and absolute discretion, to modify, amend, add to, or delete portions of these Terms at any time. When we make material changes to these Terms, we pledge to undertake commercially reasonable efforts to notify you. Notification methods may include, but are not limited to: updating the "Last Updated" date at the top of this page; posting a conspicuous notice on our Services' homepage or user login screen; or sending a notification directly to the email address you provided upon account registration. All modifications will become effective immediately upon posting and will apply to all subsequent access to and use of the Services. It is your sole responsibility to review these Terms periodically for any updates. Your continued access to or use of the Services after the effective date of the revised Terms shall be deemed your final and irrevocable acceptance of the amended Terms. If at any time you do not agree to the then-current Terms, you must immediately cease all access to and use of the Services and terminate your Account as provided herein.
2. User Eligibility, Account Registration & Verification
2.1 Age and Legal Capacity Requirement
You hereby represent and warrant that you are at least eighteen (18) years of age or have reached the legal age of majority in your jurisdiction of residence and from which you access the Services (whichever is higher). This is an absolute prerequisite for creating a user account or participating in any competition within our Services that involves real money, prizes, or anything of value. Any individual under the legal age of majority is strictly prohibited from using our Services. Providing false age information is a material breach of these Terms and will result in the immediate termination of your Account and the potential forfeiture of all funds therein. We reserve the right to request proof of age from you at any time.
2.2 Geographic Location & Jurisdictional Restrictions
You understand and acknowledge that our Services, particularly the components involving cash-entry competitive games, may be subject to strict legal restrictions or may be entirely prohibited in many jurisdictions worldwide, including certain states, districts, and territories of the United States. Your access to and use of the Services must be in full and unconditional compliance with all applicable laws, regulations, and ordinances of your physical location. You assume full and sole responsibility for determining whether your participation in our cash competitions is legal in your jurisdiction.
We expressly prohibit any cash competition activities from within, but not limited to, the following "Prohibited Jurisdictions": Arizona, Arkansas, Connecticut, Delaware, Louisiana, Montana, South Carolina, South Dakota, Tennessee, and Washington. This list is subject to change at any time without notice and may not be exhaustive. We reserve the right, at our sole discretion, to restrict or prohibit user access to some or all of the Services from any geographic area at any time, based on legal changes or business decisions.
You represent and warrant that you are not physically located in a Prohibited Jurisdiction when participating in any cash competition. Any attempt to obscure or falsify your true geographic location through the use of a Virtual Private Network (VPN), proxy server, or other technological means to circumvent these restrictions constitutes a material breach of these Terms. Such actions will result in the immediate and permanent termination of your Account, and all funds in your Account, including deposits and earned winnings, will be unconditionally forfeited. We are entitled to use various technological means, including IP address analysis and device geolocation services, to verify your location and enforce this policy.
2.3 Account Creation & Information Accuracy
To access the core features of our Services, you must complete the registration process and create a user account ("Account"). During registration, you agree to provide and maintain accurate, truthful, current, and complete personal information, including but not limited to your legal name, a valid email address, mailing address, and date of birth. You have an ongoing obligation to promptly update your Account profile whenever your information changes. Providing any inaccurate, false, or outdated information may result in the suspension or termination of your Account.
2.4 Account Security & Uniqueness
You are solely and entirely responsible for maintaining the confidentiality and security of your Account credentials, including your username and password. You agree to accept full responsibility for all activities that occur under your Account, whether authorized by you or not. We strongly recommend that you use a strong password composed of a mix of upper and lower case letters, numbers, and symbols, and that you change it regularly.
Each natural person is permitted to register and hold only one (1) Account. The creation of multiple accounts, or the sharing, lending, renting, or transferring of your Account with or to any other individual, is strictly prohibited. Likewise, the use of any other person's Account is forbidden. If you discover or have reason to suspect any unauthorized access to or use of your Account, or any other breach of security, you must notify us immediately via our official email at [email protected] so that we can take appropriate action. The Company shall not be liable for any loss or damage arising from your failure to protect your Account credentials or to report a security breach in a timely manner.
2.5 Identity & Payment Verification (KYC)
To maintain the integrity and security of the Services and to comply with Anti-Money Laundering (AML), Counter-Financing of Terrorism (CFT), and other relevant financial regulations, we reserve the right, at any time, to require you to undergo identity and payment method verification. This is especially true when you initiate a withdrawal request, conduct large transactions, or when our systems detect suspicious activity. This process is commonly known as "Know Your Customer" or KYC.
This verification process may require you to provide clear, legible copies of documentation, including but not limited to: a valid government-issued photo ID (e.g., passport, driver's license), a document proving your residential address (e.g., a recent utility bill or bank statement), and proof of ownership of the payment method used for deposits (e.g., a photo of a credit card showing only partial information).
You agree to cooperate with all our verification requests. If you fail to provide the required documentation, or if the documents provided do not meet our requirements, we reserve the right, in our sole discretion, to suspend your Account and restrict its functionality, particularly withdrawals, until verification is complete. Should you explicitly refuse verification or persistently fail to pass it, we have the right to permanently terminate your Account and handle the funds therein in accordance with applicable law.
3. Service License and Use Restrictions
3.1 Grant of Limited License
Subject to your strict and continuous compliance with all provisions of these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, and fully revocable license to access and use our Services on your personal devices solely for your own personal, non-commercial entertainment purposes. The grant of this license does not constitute a transfer of any ownership or intellectual property rights; you receive a right of use, not a right of ownership.
3.2 License Restrictions
The license granted to you is subject to strict limitations. You agree that you will not, under any circumstances, nor will you permit or assist any third party to, engage in any of the following acts:
First, use the Services for any commercial purpose, including but not limited to offering the Services in a cyber cafe, computer gaming center, or any other commercial establishment, or using the Services for any form of commercial advertising or solicitation.
Second, copy, photocopy, distribute, transmit, publicly display, publicly perform, republish, download, store, or transmit any portion of the Services, except for temporary caching automatically generated by your computer or browser for normal access.
Third, modify, translate, adapt, merge, reverse engineer, decompile, disassemble, or create derivative works based on any portion of the Services, including its underlying software, code, algorithms, or proprietary technology.
Fourth, remove, obscure, or alter any copyright, trademark, patent, or other proprietary rights notices that appear in the Services.
Fifth, use the Services in any manner that could interrupt, overload, damage, or impair the function of the Services, or interfere with any other party's normal use and enjoyment of the Services.
Sixth, attempt to gain unauthorized access to the Services, other users' Accounts, or any computer systems or networks connected to our servers through hacking, password mining, or any other means.
Any use of the Services beyond the scope of this license constitutes a material breach of these Terms and an infringement of our intellectual property rights, and will result in the immediate termination of this license.
4. Code of Conduct and Prohibited Activities
You are solely responsible for all your conduct and communications while using the Services. You agree that your conduct will at all times be lawful, ethical, and respectful of others. The following activities are strictly prohibited, and a violation of any of them may result in severe penalties, including immediate Account termination and forfeiture of funds.
4.1 Unfair Competition & Fraudulent Conduct
It is strictly forbidden to use or attempt to use any unauthorized third-party software, artificial intelligence (AI), bots, scripts, macros, hacks, cheats, mods, or any other tool designed to modify, automate, interfere with, or otherwise manipulate the Services, gameplay, or match outcomes.
It is strictly forbidden to engage in any form of collusion with other users, including but not limited to "chip-dumping," teaming up against other players, or sharing account information to gain an advantage in a tournament.
It is strictly forbidden to knowingly exploit any program bug, vulnerability, design flaw, or undocumented feature of the Services to gain an unfair advantage. You have an obligation to report any such issues to us immediately upon discovery.
It is strictly forbidden to participate with multiple accounts in any tournament or competition intended for single-person entry, in order to increase the chances of winning.
4.2 Harassment, Abuse & Offensive Content
It is strictly forbidden to post, upload, transmit, or otherwise disseminate any content in any area of the Services (including but not limited to chat functions, forums, or profiles) that is unlawful, harassing, defamatory, abusive, threatening, hateful, racist or ethnically discriminatory, obscene, pornographic, violent, or otherwise considered offensive or inappropriate in a rational society.
It is strictly forbidden to impersonate any other person or entity, including but not limited to an employee or representative of the Company or another user, or to falsely state or otherwise misrepresent your affiliation with any person or entity.
It is strictly forbidden to engage in "doxxing," stalking, bullying, or in any way harassing, intimidating, or infringing upon the privacy or publicity rights of others.
4.3 System Integrity & Illegal Activities
It is strictly forbidden to use the Services for any illegal purpose or to promote any activity that violates local, state, national, or international laws or regulations.
It is strictly forbidden to engage in any activity that could interrupt, destroy, damage, or otherwise negatively impact our Services, servers, networks, or the experience of our users, such as initiating or participating in a Denial-of-Service (DDoS) attack, or distributing viruses, worms, Trojan horses, or other malicious code.
It is strictly forbidden to engage in data mining, web scraping, or the use of any automated means to collect or scrape any information from the Services, unless expressly permitted by us in writing.
4.4 Financial Fraud & Abuse
It is strictly forbidden to use any stolen, unauthorized, or fraudulent payment method (such as a credit card or bank account) to make deposits to your Account or to conduct any transaction.
It is strictly forbidden to engage in any form of money laundering or any financial activity intended to conceal the source of illicit funds.
It is strictly forbidden to abuse the chargeback mechanism of payment systems. Initiating an unreasonable or fraudulent chargeback request will be considered a material breach of these Terms, will result in the immediate suspension of your Account, and you will be liable for all losses incurred by us as a result, including the chargeback amount, bank penalties, and related administrative fees.
4.5 Handling of Violations
We reserve the absolute right to investigate all suspected violations of this Code of Conduct. We are entitled, in our sole discretion, to take any action we deem appropriate without prior notice. These actions include, but are not limited to: issuing a warning; temporarily suspending your Account and/or specific features; permanently terminating your Account; forfeiting all or part of the funds in your Account associated with the violation; reporting your conduct and providing your information to law enforcement agencies, payment processors, or other relevant third parties when necessary; and taking any legally permissible legal action.
5. Financial Terms & Payments
Certain aspects of the Services allow you to participate in competitions using real money and to win prizes. Your participation in these activities signifies your acceptance of and agreement to the following financial terms.
5.1 Deposits & Account Funds
You may deposit funds into your Account ("Deposits") using the payment methods we support at that time. All funds in your Account ("Player Funds") are your personal property and may only be used to pay entry fees for competitions offered within our Services. You hereby acknowledge and understand that your Account is not a bank account. Therefore, the funds in your Account do not accrue any interest and are not insured by the Federal Deposit Insurance Corporation (FDIC) or any other government deposit insurance program. We reserve the right, at our sole discretion, to impose limits on deposit amounts, frequency, or available payment methods at any time.
5.2 Withdrawal Processing
Subject to our withdrawal policies, minimum withdrawal amount requirements, and the completion of all necessary security and identity verification reviews, you may request to withdraw available cash balances from your Account at any time. As described above, we may require you to complete the KYC process to process your first or subsequent withdrawal requests. Withdrawal requests will be processed in the order they are received, and we will complete the processing within a commercially reasonable time, though we do not guarantee a specific processing timeframe. Withdrawals may be subject to processing fees charged by payment processors or banks; these fees will be clearly displayed to you when you initiate the request and will be deducted from your withdrawal amount.
5.3 Service Fee (Commission or "Rake")
For each cash competition you participate in, the Company will collect a percentage of the total entry fees paid by all participants as a fee for providing the platform, organizing the competition, and managing the service. This fee is commonly referred to as a "Service Fee," "Commission," or "Rake." The specific amount or calculation method of the Service Fee will be clearly and conspicuously displayed to you on the competition details page before you confirm your entry into any competition. Your entry into a competition signifies your agreement to pay said Service Fee.
5.4 Promotional Credits & Bonuses
From time to time, at our sole discretion, we may deposit promotional credits, bonuses, or "Bonus Cash" (collectively, "Promotional Credits") into your Account through promotions, reward programs, or other means. You expressly understand and agree that all Promotional Credits have no real-world monetary value, are non-withdrawable, are non-transferable to other users, and may only be used to pay entry fees for competitions within our Services. The use of Promotional Credits may be subject to specific additional terms and conditions, including but not limited to expiration dates and applicable game types. Any Promotional Credits not used within the specified period will expire and be removed from your Account.
5.5 Tax Liability
You are solely and exclusively responsible for any and all federal, state, and local taxes arising from all winnings you receive as a result of using our Services. It is your responsibility to accurately report your income to the appropriate tax authorities and to pay the corresponding taxes in accordance with the laws of your jurisdiction. As required by U.S. law, if your annual net winnings reach a certain threshold (e.g., $600), we may be required to report your winnings to you and/or the Internal Revenue Service (IRS) and to issue you the appropriate tax form (e.g., Form 1099-MISC). To this end, we may require you to provide your Social Security Number (SSN) or other Taxpayer Identification Number (TIN).
5.6 Dormant Account Policy
If your Account shows no login or gameplay activity (deposit, withdrawal, or competition entry) for a specific consecutive period of time (e.g., twelve (12) months), we reserve the right to classify it as a "Dormant Account" in accordance with applicable law. We will notify you via your registered email address before marking your Account as dormant. Once an Account is marked as dormant, we may begin to charge a reasonable, pre-disclosed monthly account maintenance fee from your Account balance. We will cease charging the fee if your account balance drops to zero. If your Account remains dormant for an extended period with a remaining balance, we may be required, under the escheatment laws of your state, to turn over those funds to the appropriate state government agency.
6. Intellectual Property
6.1 The Company's Intellectual Property
The Services and all of their components, including but not limited to their entire contents, features, and functionality (e.g., all information, software, source code, object code, text, displays, images, video, audio, designs, selections, and arrangements), are the exclusive property of the Company, its licensors, or other providers of such material and are fully protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Nothing in these Terms shall be construed as transferring to you any such intellectual property rights.
6.2 User-Generated Content (UGC)
To the extent permitted by the Services, you may be able to create or upload content, such as profile information, avatars, forum posts, or chat messages ("User-Generated Content" or "UGC"). You retain ownership of your rights in your UGC. However, by submitting or posting UGC on the Services, you hereby grant the Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display your UGC for the purposes of providing, operating, promoting, and improving the Services. You represent and warrant that you own all rights necessary to grant this license and that your UGC does not infringe on the rights of any third party.
7. Termination of the Agreement
7.1 Termination by You
You may terminate your Account at any time and for any reason by contacting our customer support team at [email protected] and following the instructions they provide.
7.2 Termination by Us
We reserve the absolute right, in our sole discretion, to suspend or permanently terminate your Account and your access to the Services at any time, for any reason or for no reason, with or without prior notice to you. Specific causes that may lead to termination include, but are not limited to: your material or repeated breach of any provision of these Terms; your engagement in any activity we deem to be fraudulent, illegal, or unethical; your conduct causing harm or potential risk to the reputation, security, or operations of us, our Services, or other users; or at the request of law enforcement or government agencies.
7.3 Effect of Termination
Upon the termination of your Account, all licenses and rights granted to you under these Terms will immediately cease. We will close your Account, and you will no longer be able to access your Account information, game history, or any features within the Services. Unless otherwise required by law or decided by us in our sole discretion, we have no obligation to refund or return any funds or Promotional Credits remaining in your Account at the time of termination, especially in cases of termination due to your violation. The provisions of these Terms that by their nature should survive termination (including, without limitation, intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution provisions) shall remain in full force and effect indefinitely.
8. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND PARTNERS, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, ACCURATE, OR RELIABLE, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. WE DO NOT WARRANT THAT THE SERVICES WILL MEET ALL OF YOUR REQUIREMENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES EXCEED THE GREATER OF: THE TOTAL AMOUNT YOU PAID TO US IN CONNECTION WITH THE SERVICES IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM; OR ONE HUNDRED U.S. DOLLARS ($100.00). THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.
10. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, allegations, demands, actions, liabilities, judgments, damages, losses, costs, and expenses (including, without limitation, reasonable attorneys' fees and litigation costs) arising out of or in any way connected with: first, your access to or use of the Services or any activities in connection with the Services; second, your breach of any provision of these Terms or any representation and warranty you make herein; third, your violation of any third-party right, including any copyright, trademark, patent, privacy right, publicity right, or other proprietary right; or fourth, your negligence or willful misconduct.
11. Dispute Resolution, Binding Arbitration, and Class Action Waiver
11.1 Governing Law
These Terms and any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services shall be governed by and construed in accordance with the internal substantive laws of the State of California, without regard to its choice or conflict of law principles.
11.2 Informal Dispute Resolution
We genuinely hope to resolve your concerns without formal legal action. Before filing any formal claim against us, you agree to first contact us at [email protected] and provide a detailed written description of your claim. We will use our best efforts to resolve the dispute through good-faith, informal negotiations. If the dispute is not resolved to the satisfaction of both parties within sixty (60) days of your written submission, you or the Company may initiate a formal arbitration proceeding as set forth below.
11.3 Binding Individual Arbitration
You and the Company hereby irrevocably agree that any and all disputes, claims, or controversies arising out of or relating to these Terms or the Services (collectively, "Claims"), except for those explicitly excluded below, shall be finally and exclusively resolved by binding individual arbitration rather than in a court by a judge or jury. YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE CONSTITUTIONAL RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A TRIAL BY JURY.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with its then-effective Consumer Arbitration Rules (the "AAA Rules"), and will be decided by a single neutral arbitrator. The AAA Rules are available on its official website at www.adr.org.
11.4 Class Action Waiver
YOU AND THE COMPANY EXPRESSLY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THIS CLASS ACTION WAIVER IS A MATERIAL AND ESSENTIAL PART OF THIS DISPUTE RESOLUTION PROVISION, AND IF IT IS DEEMED UNENFORCEABLE, THE ENTIRE ARBITRATION AGREEMENT SHALL BE NULL AND VOID.
11.5 Exceptions to Arbitration
Notwithstanding the foregoing, either party shall have the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of that party's intellectual property rights. Additionally, you may assert claims in small claims court if your claims qualify.
12. General Provisions
Entire Agreement
These Terms and any documents expressly incorporated by reference (such as the Privacy Policy) constitute the entire and exclusive understanding and agreement between you and the Company regarding the Services, and supersede all prior or contemporaneous negotiations, discussions, agreements, or representations, whether oral or written.
Severability
If any provision of these Terms is held to be unenforceable or invalid by a court or arbitrator of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that the remainder of these Terms will remain in full force and effect and enforceable.
Assignment
You may not assign or transfer these Terms, or any of your rights and obligations hereunder, without our prior express written consent. Any attempt by you to do so in violation of this provision will be null and void. We may assign or transfer these Terms at our sole discretion, without restriction.
No Waiver
Our failure or delay in enforcing any right or provision of these Terms will not be considered a waiver of that right or provision, or of any other right or provision. Any waiver must be in writing and signed by our authorized representative to be effective.
Force Majeure
We shall not be liable for any failure or delay in performance of our obligations resulting from any cause beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
13. Contact Information
If you have any questions, comments, or concerns about these Terms of Service, please do not hesitate to contact us:
Company Name: ANT HIVE CREATIONS INC.
Mailing Address: 17800 CASTLETON ST., STE 665, CITY OF INDUSTRY, CA 91748
Email: [email protected]