Terms of Service

The terms of this agreement (“Terms of Service”) govern the relationship between you and Seenax Oy, a Finnish company (Business ID: FI31371904) having its registered office at Hämeentie 135 A 00560 Helsinki, Finland (hereinafter “Seenax” or “we” or “us”) regarding your use of Seenax’s games, websites and related services (collectively “Service”).

Use of the Service is also governed by Seenax’s Privacy Policy and other relevant policies which are herein incorporated by reference.

You must agree to these Terms of Service and the Privacy Policy before accessing or using the Service, browsing any Seenax’s website or accessing a game. You may also be required to register an account on the Service (an “Account”). By registering for an Account or otherwise using the Service, you represent that you are age 13 or older and you understand and agree to these Terms of Service. If you are between the ages of 13 and 17, you confirm that your legal guardian has reviewed and agreed to these Terms of Service.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. THE SERVICE IS LICENSED, NOT SOLD. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. 

USE OF THE SERVICE IS VOID WHERE PROHIBITED.

Seenax reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service, its Privacy Policy and other relevant Seenax policies at any time. Seenax will send you a push notification of any amendments, and a link where you accept such amendments by ticking a box “I accept the amendments”. If you wish not to be bound by the amendments, tick the box “I do not accept the amendments”, after which your account will be deleted.

  1. License

1.1 Grant of a Limited License to Use the Service.

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Seenax’s policies, Seenax grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited right and license subject to the limitations below to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose. The Services are being licensed to you and you hereby acknowledge that no title or ownership in the Services is being transferred or assigned to you.

The following restrictions apply to the use of the Service:

1.2 License Term.

All terms of this Terms of Service shall commence on the date that you accept this Terms of Service, install or otherwise use any of Seenax’s Services and ends on the earlier date of either your disposal of the Services and/or the termination of this Terms of Service by Seenax.

1.3 Your Username and Password.

During the Account creation process, you may be required to select a password (“Login Information”). You shall not share the Account or the Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Seenax and modify 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.

Seenax 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.

1.4 Limitations on License.

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

You agree to comply with the following requirements when you use any of Seenax’s Services:

  1. You will not engage in any act that Seenax deems to be in conflict with the spirit or intent of the Service or make improper use of Seenax’s support services. 
  2. You will not use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Seenax’s game or any Seenax’s game experience or without Seenax’s express written consent, modify or cause to be modified any files that are a part of the Service or any Seenax’s game.
  3. You will not exploit, distribute or publicly inform other users of any Seenax’s Service error, miscue or bug which provides for an unintended advantage or allows impersonation of another person, including by use of automated collection mechanisms such as clear graphics interchange formats (“gifs”), cookies, or similar technology.
  4. You will not disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users’ experience when using the Service or playing Seenax’s games. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service.
  5. You will not disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any Seenax’s game environment. 
  6. You will not exploit differences in pricing for In-App Purchases or In-Service Content (e.g., through arbitrage) by sending altered, deceptive, or false source-identifying information, including but not limited to, by the use of a proxy or spoofed IP addresses or VPNs, or by requesting that someone else make In-App Purchases or purchase In-Service Content on your behalf in order to take advantage of a difference in pricing.
  7. You will not Institute, assist, or become involved in any type of attack, including without limitation 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.
  8. You will not 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 Seenax, 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.
  9. You will not attempt to obtain personal information from other users of the Service or any Seenax’s game or collect or post anyone’s private information, including personally identifiable information (whether in text, image, video, audio or any other form), identification documents, or financial information through the Service.
  10. You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis. 
  11. You will not post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
  12. You will not harass, threaten or bully other players in any way, nor post or submit any abusive, threatening, bullying, harassing, obscene, defamatory, offensive, pornographic or illegal content, or content that infringes or violates the rights of someone else, or impersonate any other person.
  13. You will not 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 Seenax’s employee.
  14. You will not advocate, promote, encourage, or otherwise facilitate any illegal behavior, including but not limited to the use of illegal drugs, unlawful gambling or theft.
  15. You will not 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 Seenax’s game, or to obtain any information from the Service or any Seenax’s game using any method not expressly permitted by Seenax. 
  16. You will not solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service or any Seenax’s game. 
  17. You will not copy, modify or distribute content from Seenax’s Services except as specifically authorized by us.
  18. You will not use Seenax’s Services for any unauthorized commercial purpose, including but not limited to commercial advertisement or solicitation (such as chain letters, junk email, “spam,” or other repetitive messages), or gathering or transferring In-Service Content for sale.

Seenax reserves the right to determine which conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Seenax reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service.

1.5 Suspension and termination of account and Service.

WITHOUT LIMITING ANY OTHER REMEDIES, SEENAX MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO Seenax’s SERVICE OR PORTIONS THEREOF IF YOU ARE, OR SEENAX SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. 

YOU CAN LOSE YOUR USERNAME AND PERSONA IN THE SERVICE 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, AND SEENAX IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, SEENAX MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, 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. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

SEENAX RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

SEENAX RESERVES THE RIGHT TO STOP OFFERING AND/OR SUPPORTING THE SERVICE OR A PARTICULAR GAME OR PART OF THE SERVICE AT ANY TIME, AT WHICH POINT YOUR LICENSE TO USE THE SERVICE OR A PART THEREOF WILL BE AUTOMATICALLY TERMINATED. IN SUCH EVENT, SEENAX SHALL NOT BE REQUIRED TO PROVIDE REFUNDS, BENEFITS OR OTHER COMPENSATION TO USERS IN CONNECTION WITH SUCH DISCONTINUED SERVICES. TERMINATION OF YOUR ACCOUNT CAN INCLUDE DISABLING YOUR ACCESS TO THE SERVICE OR ANY PART THEREOF INCLUDING ANY CONTENT YOU SUBMITTED, OR OTHERS SUBMITTED.

YOU MAY TERMINATE YOUR ACCOUNT AT ANY TIME AND FOR ANY REASON BY CONTACTING  OUR SUPPORT AT SUPPORT@SEENAXGAMES.COM INFORMING THAT YOU WISH TO TERMINATE YOUR ACCOUNT. 

  1. Ownership

2.1. Ownership in Games and Service.

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, catch phrases, 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 Seenax’s game client, and the Seenax’s game clients and server software) are owned by Seenax and/or licensed to Seenax by 3rd parties.

Seenax reserves all rights, including without limitation, all 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 SEENAX.

 2.3. Virtual Items.

Seenax owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Seenax. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any Seenax’s game, whether earned in a game or purchased from Seenax, or any other attributes associated with an Account or stored on the Service.

2.4 User Content.

“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Seenax’s 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 Seenax in accordance with its Privacy Policy. Seenax 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.

  1. Content Produced by the Users

3.1 Content Screening

Seenax 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 of Service, 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.

If at any time Seenax chooses, in its sole discretion, to monitor the Service, Seenax 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 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. Seenax 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. Seenax shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

3.3 Content responsibilities.

You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Seenax may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Seenax violates these Terms of Service.

3.4 Your Rights and Warranty

You retain all right, title and interest to your User Content, except that you grant Seenax 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, including marketing and promotions of the Service. You also hereby grant to Seenax the right to authorize others to exercise any of the rights granted to Seenax under these Terms of Service. You further hereby grant to Seenax 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. Seenax does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. Seenax has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

You represent and warrant that you own or have the necessary rights and permissions to use and authorize Us to use all Intellectual Property Rights in and to your User Content, and to enable inclusion and use thereof as contemplated by these Terms of Service. 

  3.5 Our Rights in User Content. 

We reserve the right to access, read, preserve and disclose any User Content or any other information that We obtain in connection with the Service as We reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these Terms of Service, including investigation of potential violations of it; (iii) detect, prevent or otherwise address fraud, security or technical issues; or (iv) respond to your user support requests; 

  1. Terms Regarding Purchases and Fees 

4.1 Your Purchases.

In the Service you may use real world money to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use virtual currency, including but not limited to virtual cash or gems, all for use in Seenax’s games. You may also purchase “virtual in-game items” and other goods or services. Purchased In-Service Content is subject to the payment terms and conditions of the mobile platforms (Apple iOS, Google Android OS) from which you make your purchase. Seenax does not control the process.

Seenax may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Seenax may also revise the pricing for the goods and services offered through the Service at any time. Seenax shall have no liability to you or any third party in the event that Seenax exercises any such rights.

The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to Seenax, another user or any third party.

The provision of In-Service Items for use in Seenax’s games commences immediately upon acceptance of your purchase by Seenax. You cannot cancel your order for the supply of Virtual Items or Merchandise if the delivery has started upon your request and acknowledgement that you thereby lose your cancellation right.

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

You acknowledge that neither Seenax nor any mobile platform provider is required to provide a refund. You will not receive money or other compensations for unused in-service content when an account is closed. In case you do not receive an in-service item that you properly purchased whether such closure was voluntary or involuntary, you may request a refund directly from that platform provider subject to their refund policy.

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. Seenax may revise the pricing for the goods and services offered through the Service at any time. 

  1. Service Updates

You understand that the Service is an evolving one. Seenax may require that you accept updates to the Service and to Seenax’s games you have installed on your device or computer. You acknowledge and agree that Seenax may update the Service and Seenax’s games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Seenax’s games.    

  1. Disclaimer of Warranties

WITHOUT LIMITING Seenax’s LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS 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 A COURSE OF DEALING OR USAGE OF TRADE. SEENAX 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.

Some jurisdiction does not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.

  1. Limitation of Liability, Sole and Exclusive Remedy and Indemnification  

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SEENAX SHALL NOT 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 OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SEENAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, SEENAX SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO SEENAX IN ACCORDANCE WITH THESE TERMS OF SERVICE IN 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 SEENAX DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND Seenax’s EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH SEENAX IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT. 

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

You agree to indemnify, defend and hold Seenax (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 of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

  1. Governing Law and Disputes

Your contractual relationship with Seenax under these Terms of Service, shall be governed by and construed and interpreted in accordance with the laws of Finland without regard to its principles and rules on conflict of laws.

You agree to submit to the exclusive jurisdiction of the courts located within the city of Helsinki, Finland to resolve any and all legal matters arising from this Agreement.

If you are a resident of the United States, these Terms of Service and any dispute arising out of or related to it or Privacy Policy or the Service shall be governed in all respects by Finnish Law, without regard to conflict of law provisions. 

Notwithstanding this, you agree that Seenax shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. 

If a dispute arises between you and Seenax, we strongly encourage you to first seek a resolution by contacting us via our customer support: support@seenax.com

  1. Severability

If any court of law, having jurisdiction to decide on this matter, rules that any provision of the Terms of Service is invalid, then that provision will be removed from the Terms of Service without affecting the rest of the Terms of Service. The remaining provisions will continue to be valid and enforceable.

  1. Notices 

Seenax may provide you with notices, including those regarding changes to these Terms of Service, using any reasonable means, which may include push notifications, email, SMS, MMS, text message or postings in the Service. Such notices may not be received if you violate these Terms of Service by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.

  1. Miscellaneous 

11.1 Assignment

Seenax may assign or delegate these Terms of Service and/or the Seenax 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 of Service or Privacy Policy without Seenax’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.  

11.2 Supplemental Policies 

Seenax 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 of Service.

11.3 Entire Agreement 

These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including the Seenax Privacy Policy), contain the entire understanding of you and Seenax, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and Us with respect to the Service. 

11.4 No Waiver

The failure of Seenax to require or enforce strict performance by you of any provision of these Terms of Service or the Seenax Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Seenax’s right to assert or rely upon any such provision or right in that or any other instance.  

The express waiver by Seenax of any provision, condition, or requirement of these Terms of Service or the Seenax Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.  

Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Seenax shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Seenax.  

11.5 Equitable Remedies 

You acknowledge that the rights granted and obligations made under these Terms of Service to Seenax are of a unique and irreplaceable nature, the loss of which shall irreparably harm Seenax and which cannot be replaced by monetary damages alone so that Seenax 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, or to enjoin or restrain the operation of the Service or any Seenax’s game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any). 

11.6 Force Majeure

Seenax shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Seenax, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Seenax’s 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.   

11.7 Translated Versions

If we provide a translated version of these Terms of Service or any other terms or policy incorporated or referenced in these Terms of Service, it is for informational purposes only.  If the translated version means something different than the English version, then the English meaning will be the one that applies.