Terms of Service

These Terms of Service (“Terms”) govern the relationship between you and Jack-Jack Studios LLC, a State of Colorado LLC, hereafter referred to as ‘Jack-Jack Studios’, regarding your use of Jack-Jack Studios’ games, websites, and related services (collectively, the “Service”). The Service is also governed by Jack-Jack Studios’ Privacy Policy and other relevant policies incorporated herein by reference.

By accessing or using the Service, including browsing any Jack-Jack Studios website or accessing a game, you agree to these Terms and the Privacy Policy. You may also need to register an account (an “Account”). By registering or using the Service, you represent that you are at least 13 years old. If you are between 13 and 17, you represent that your legal guardian has reviewed and agrees to these Terms. If accessing the Service from a social networking site (“SNS”), you shall comply with its terms of service/use and these Terms.

BY INSTALLING, USING, OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT INSTALL, USE, OR ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

IMPORTANT NOTICE: For U.S. and Canadian residents, you also agree that disputes with Supercell must be resolved on an individual basis through final and binding arbitration as described in Section 8 (“Dispute Resolution”).

Jack-Jack Studios reserves the right to modify these Terms at any time. You will be deemed to have accepted the changes by continuing to use the Service. If at any point you do not agree to the then-current Terms, Privacy Policy, or any other Jack-Jack Studios policy relating to the Service, your license to use the Service terminates immediately, and you must stop using it.

1.0 License

1.1 Limited License. Subject to your agreement and continuing compliance with these Terms and other Jack-Jack Studios policies, Jack-Jack Studios grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Service for your own non-commercial entertainment purposes. You shall not use the Service for any other purpose.

The following restrictions apply to use of the Service:

You shall not create an Account or access the Service if you are under 13; you shall restrict use by minors and deny access to children under 13. You accept full responsibility for unauthorized use by minors. You are responsible for any use of your credit card or other payment instrument by minors.
You shall not sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself. You shall not use the Service if you have previously been removed by Jack-Jack Studios or banned from any Jack-Jack Studios game.
You shall use your Account only for non-commercial purposes. You shall not use the Service to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk email, or repetitive messages.

1.2. Account Login. You may be required to select a password for your Account or use other credentials to access the Account (“Login Information”). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything that might jeopardize the Account’s security. If you suspect any unauthorized use of your Account, you must immediately notify Jack-Jack Studios and change your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.

Jack-Jack Studios reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.

The Service supports only one Account per game on a supported device.

1.3. License Limitations. Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license, and may subject you to liability for violations of law.

You agree that you will NOT, under any circumstances:

Engage in any act that Jack-Jack Studios deems to be in conflict with the spirit or intent of the Service or make improper use of Jack-Jack Studios’ support services.
Use cheats, exploits, automation software, bots, hacks, mods or unauthorized third party software designed to modify or interfere with the Service or any Jack-Jack Studios game.
Modify or cause to be modified any files that are part of the Service without Jack-Jack Studios’ express written consent.
Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Service or any Jack-Jack Studios game environment.
Institute, assist or become involved in any type of attack, including distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by Jack-Jack Studios, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Jack-Jack Studios employees and customer service representatives.
Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Jack-Jack Studios employee.
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Jack-Jack Studios game, or to obtain any information from the Service using any method not expressly permitted by Jack-Jack Studios.
Solicit or attempt to solicit personal information from other users of the Service or any Jack-Jack Studios game.
Collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.

1.4. Suspension and Termination of Account and Service. WITHOUT LIMITING ANY OTHER REMEDIES, JACK-JACK STUDIOS MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR JACK-JACK STUDIOS SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU.

YOU CAN LOSE YOUR USER NAME, PERSONA, AND BENEFITS, PRIVILEGES, EARNED ITEMS, AND PURCHASED ITEMS ASSOCIATED WITH YOUR ACCOUNT AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS, AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE. JACK-JACK STUDIOS IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SERVICES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES.

Jack-Jack Studios reserves the right to stop offering and/or supporting the Service or any part of it at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Jack-Jack Studios shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service.

Termination of your Account can include removal of access to all offerings within the Service, deletion of your information, files and content associated with or inside your Account, and barring of further use of the Service.

2. Ownership

2.1. Games and Services. All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catchphrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Jack-Jack Studios game client, and the Jack-Jack Studios game clients and server software) are owned by Jack-Jack Studios. Jack-Jack Studios reserves all rights, including without limitation, all copyrights, trademarks, and intellectual property rights or other proprietary rights, in connection with its games and the Service.

2.2. Accounts. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF JACK-JACK STUDIOS.

2.3. Virtual Items. Jack-Jack Studios owns, has licensed, or otherwise has rights to use all of the content that appears in the Service. You agree that you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or originating in any Jack-Jack Studios game, whether earned in a game or purchased, or any other attributes associated with an Account or stored on the Service.

3.0 User Content

3.1. Submission of User Content. “User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Jack-Jack Studios game client or the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Jack-Jack Studios in accordance with its Privacy Policy.

3.1.1. Content Screening. Jack-Jack Studios assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring and recording.

You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications. Jack-Jack Studios reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If at any time Jack-Jack Studios chooses, in its sole discretion, to monitor the Service, Jack-Jack Studios nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.

3.2. User Interactions. You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Jack-Jack Studios games. Jack-Jack Studios reserves the right, but has no obligation, to become involved in any way with these disputes. If you have a dispute with one or more users, you release Jack-Jack Studios (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

3.3. Public Discourse. The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Jack-Jack Studios cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Jack-Jack Studios shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

3.4. Your License to Jack-Jack Studios. You hereby grant to Jack-Jack Studios an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service. You also hereby grant to Jack-Jack Studios the right to authorize others to exercise any of the rights granted to Jack-Jack Studios. You further hereby grant to Jack-Jack Studios the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Jack-Jack Studios does not claim any ownership rights in your User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Jack-Jack Studios has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

4.0 Fees and Purchase Terms.

4.1. Purchases. In the Service, you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or gems, all for use in Jack-Jack Studios games; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). You may purchase Virtual Items or Merchandise only within the Service and not in any other way.

Jack-Jack Studios may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Jack-Jack Studios shall have no liability to you or any third party in the event that Jack-Jack Studios exercises any such rights.

PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS OR MERCHANDISE MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.

The provision of Virtual Items for use in Jack-Jack Studios games is a service that commences immediately upon acceptance of your purchase of such Virtual Items.

4.2. Payment of Fees. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Jack-Jack Studios may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT JACK-JACK STUDIOS IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

5. Third Party Advertising

5.1. Third Party Advertisements. You understand that the Service and Jack-Jack Studios games may feature advertisements from Jack-Jack Studios or third parties. Jack-Jack Studios’ disclosure of information for third-party advertising is addressed in Jack-Jack Studios’ Privacy Policy.

6. Disclaimers and Limitation of Liability.

6.1. DISCLAIMER OF WARRANTIES. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. JACK-JACK STUDIOS DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

6.2. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JACK-JACK STUDIOS OR ITS AFFILIATES, LICENSORS OR BUSINESS PARTNERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JACK-JACK STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

JACK-JACK STUDIOS SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO JACK-JACK STUDIOS IN ACCORDANCE WITH THESE TERMS WITHIN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO JACK-JACK STUDIOS DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND JACK-JACK STUDIOS’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH JACK-JACK STUDIOS IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF JACK-JACK STUDIOS OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF JACK-JACK STUDIOS.

7. Indemnity. You agree to indemnify, defend and hold Jack-Jack Studios (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

8.Dispute Resolution

You and Jack-Jack Studios agree that the mandatory processes for dispute resolution described in this agreement will apply to any dispute or claim related to these Terms of Service, the Privacy Policy, or the Service. This includes any kind of dispute, whether legal, equitable, or statutory, and applies even if you stop using your Account, delete your Account, or discontinue using the Service. The processes for dispute resolution also apply to disputes that arose before we entered into this agreement. By agreeing to these Terms of Service, both parties waive their right to file a lawsuit in court, except for the specified exceptions outlined in Section 8.4.

8.1. Informal Dispute Resolution

Before initiating formal dispute resolution procedures, you and Jack-Jack Studios agree to attempt to resolve any disputes directly and informally for at least sixty (60) days. This informal dispute resolution process begins when you send Jack-Jack Studios written notice of the dispute via email to support@jackjackstudios.com or by certified mail to [Insert Jack-Jack Studios’ mailing address]. Both parties agree to engage in good faith discussions during this period to reach an amicable resolution.

8.2. Non-binding Mediation

If the dispute is not resolved through informal resolution within sixty (60) days, both parties agree to engage in a 60-day period of non-binding mediation before any arbitration. The mediation will be conducted by an independent mediator agreed upon by both parties, and the costs for the mediation will be shared equally. The intent is to facilitate resolution without the need for formal legal proceedings.

8.3. Arbitration Agreement

Following the non-binding mediation period, any unresolved disputes will be resolved exclusively by final and binding arbitration, except as specified in Section 8.4 (Exceptions to Agreement to Arbitrate). You and Jack-Jack Studios agree to waive the right to a trial by jury and agree that arbitration is the final and exclusive forum for resolving disputes. The arbitration will be conducted under the rules of the American Arbitration Association (“AAA”), specifically its Consumer Arbitration Rules, unless otherwise agreed by the parties or dictated by the nature of the dispute. The arbitrator’s decision shall be final and binding on both parties, subject to limited rights of appeal under the Federal Arbitration Act.

8.4. Exceptions to Agreement to Arbitrate

Certain disputes are excluded from arbitration, including:

Claims related to Jack-Jack Studios’ intellectual property.
Claims of piracy or tortious interference.
Claims not subject to arbitration as a matter of law, such as certain consumer protection claims or claims under the Magnuson-Moss Warranty Act.
Claims in small claims court.

8.5. Arbitration Process

The arbitration process will follow AAA’s rules and procedures, including the Consumer Arbitration Rules, available at AAA’s website. To initiate arbitration proceedings, the party seeking arbitration must file a demand for arbitration with the AAA within thirty (30) days of the conclusion of the non-binding mediation period. The location of arbitration will be either in Douglas County, Colorado, USA, or in the county where you reside. Each party will bear their own legal fees, except as allowed by the rules governing the arbitration or applicable law.

8.6. No Class Actions

Both parties agree to bring any disputes against each other only on an individual basis. Class actions, consolidated actions, or representative actions are not permitted. The arbitrator shall not consolidate other persons’ claims with yours or preside over any form of a representative or class proceeding. If any part of this section is found to be unenforceable, then the entirety of this arbitration agreement will be null and void.

Governing Law

These Terms of Service and the resolution of any disputes shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions. Any arbitration proceedings will be governed by the Federal Arbitration Act, which preempts any state laws that may conflict with it.

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

10. Assignment. Jack-Jack Studios may assign or delegate these Terms and/or the Jack-Jack Studios’ Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without Jack-Jack Studios’ prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

11. Supplemental Policies. Jack-Jack Studios may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms.

12. Entire Agreement. These Terms, any supplemental policies, and any documents expressly incorporated by reference herein (including Jack-Jack Studios’ Privacy Policy), contain the entire understanding between you and Jack-Jack Studios, superseding all prior understandings relating to the subject matter hereof, whether electronic, oral, or written, or whether established by custom, practice, policy, or precedent.

Furthermore, Jack-Jack Studios commits to notifying you of any updates to these Terms of Service in a timely manner. Such notifications will be delivered through an in-game pop-up message upon the opening of the game application. This ensures you are always informed of the latest terms governing your use of the Service. We encourage you to review the updated Terms whenever you receive such notifications to ensure your continued compliance and understanding of your rights and obligations under the Service.

By continuing to use the Service after such notifications, you agree to be bound by the updated Terms. If you do not agree to the new terms, you must stop using the Service and may close your account.

13. No Waiver. The failure of Jack-Jack Studios to require or enforce strict performance by you of any provision of these Terms or the Jack-Jack Studios Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Jack-Jack Studios’ right to assert or rely upon any such provision or right in that or any other instance. The express waiver by Jack-Jack Studios of any provision, condition, or requirement of these Terms or the Jack-Jack Studios Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

14. Equitable Remedies. You acknowledge that the rights granted and obligations made under these Terms to Jack-Jack Studios are of a unique and irreplaceable nature, the loss of which shall irreparably harm Jack-Jack Studios and which cannot be replaced by monetary damages alone. Accordingly, Jack-Jack Studios shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.

15. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, Terms or Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.

16. Force Majeure. Jack-Jack Studios shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Jack-Jack Studios, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Jack-Jack Studios’ control such as 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.