Terms of Service - Madrona Games

Effective Date: May 30, 2025

1. About these terms

These Terms of Service (“Agreement”) outline the contractual relationship between you and Madrona Games, a Delaware corporation having its registered office at 8 The Green STE B Dover, DE 19901 (hereinafter referred to as “Madrona,” “we,” or “us”), concerning your usage of Madrona’s games, applications, websites, and associated services (collectively, the “Service”). Your use of the Service is also subject to Madrona’s Privacy Policy and other applicable policies, which are incorporated into this Agreement by reference.

1.1 You must accept these Terms of Service and the Privacy Policy before accessing or using the Service, including browsing any Madrona website or launching a game. you may also be required to register an account on the Service (collectively “Account”). These Accounts include, for example, game specific accounts or overarching accounts utilized across multiple applications such as MadronaID. By using or registering for an Account or otherwise using the Service, you affirm that you are the legal age of majority in your country of residence. If you are not, your legal guardian must review and agree to these Terms of Service.

1.2 BY DOWNLOADING, UTILIZING, OR ACCESSING THE SERVICE IN ANY WAY, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF SERVICE. IF YOU DISAGREE WITH THESE TERMS OF SERVICE, PLEASE REFRAIN FROM DOWNLOADING, UTILIZING, OR ACCESSING THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

1.3 IMPORTANT NOTICE: For residents of the United States and Canada, you also agree that any disputes with Madrona must be resolved individually through binding arbitration as detailed in Section 8 (“Dispute Resolution”).

1.4 Madrona reserves the right to amend these Terms of Service, its Privacy Policy, and other relevant Madrona policies at any time by posting the revised terms on the Service. Your continued use of the Service following such changes will be deemed as acceptance of the modifications. If at any time you do not agree with any part of the current version of our Terms of Service, Madrona Privacy Policy, or any other Madrona policy, rules, or codes of conduct pertaining to your use of the Service, your right to use the Service will immediately cease, and you must discontinue use of the Service immediately.

2. About accessing and using our Services

2.1 The specific game rules, scoring rules, controls and guidelines for each Game can be found within the Game itself. Such rules, scoring rules, controls and guidelines form part of these Terms and you agree that you will comply with them in respect of each individual Game which you choose to access and/or play.

2.2 You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services.

2.3 There may be times when our Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis. You understand and agree that the Service may not always be available to you.

3. Accounts and Gameplay

3.1 You may be required to select a password for your Account, or you may also 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 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 Madrona 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.

Madrona 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.

MadronaID is a service that allows you to safeguard your game account and easily play the Madrona games with your account on all of your devices. If you have any questions about MadronaID, You can contact us through through our knowledge base at https://support.madronagames.com

Use Restrictions

Any usage of the Service that violates these Use Restrictions is strictly forbidden and may result in the immediate termination of your limited access rights. Such violations may also expose you to legal consequences.

You agree to refrain from the following actions under any circumstances:

Engaging in any activity that Madrona deems contrary to the spirit or purpose of the Service, or misusing Madrona’s customer support channels.
Utilizing or participating (directly or indirectly) in the use of cheats, exploits, automation software, emulators, bots, hacks, mods, or any unauthorized third-party software designed to alter or interfere with the Service, any Madrona game, or any Madrona game experience.
Altering or causing the modification of any files that are part of the Service or any Madrona game without Madrona’s explicit written permission.
Disrupting, interfering with, or negatively impacting the normal operation of the Service or other users’ experiences. This includes manipulating rankings, exploiting glitches for unfair advantages, and any actions that intentionally abuse or contradict the Service’s intended design.
Overloading or assisting in the overload of any computer or server used to offer or support the Service or any Madrona game environment.
Initiating, assisting, or participating in any form of attack, including but not limited to distributing viruses, launching denial of service attacks, or attempting to disrupt the Service or others’ enjoyment of it.
Attempting to gain unauthorized access to the Service, others’ Accounts, or connected computers, servers, or networks through means other than the user interface provided by Madrona.
Posting content that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive, or engaging in persistent toxic behavior.
Sharing information containing nudity, excessive violence, or offensive subject matter, or linking to such content.
Harassing, abusing, or harming, or advocating for such actions against any individual or group, including Madrona employees and customer service representatives.
Distributing material or information through the Service that infringes upon copyrights, trademarks, patents, trade secrets, privacy rights, publicity rights, or other rights of any person or entity, or impersonating others, including Madrona employees.
Attempting to reverse engineer, decompile, disassemble, decipher, or derive the source code for any underlying software or intellectual property used in the Service or Madrona games.
Soliciting login credentials or personal information from other Service users.
Collecting or posting private information of others, including personally identifiable details, identification documents, or financial information through the Service.
Using any Madrona game for gambling, betting, or similar activities where prizes can be won, including wagering on match outcomes in which you participate as a player.
Utilizing the Service in ways that would violate export controls, anti-money laundering regulations, economic sanctions, or similar laws, including those imposed by the United States of America and/or the European Union.
Buying, selling, renting, leasing, or transferring your account or access to the Services.

Madrona retains the right to determine what conduct it considers violates these use restrictions or falls outside the intended spirit of these Terms of Service or the Service itself. Madrona reserves the right to take appropriate action, which may include terminating your Account and barring you from using the Service in part or in whole.

3.2 Suspension and Termination of Account and Service WITHOUT LIMITING ANY OTHER REMEDIES, MADRONA MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF WITH OR WITHOUT NOTICE TO YOU (i) IF YOU ARE, OR MADRONA SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH THESE TERMS OF SERVICE; OR (ii) FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE. 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 VIRTUAL ITEMS AND PURCHASED VIRTUAL ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND MADRONA 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 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.

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

Madrona 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 right to use the Service or a part thereof will be automatically terminated. In such event, Madrona shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.

Your MadronaID account is personal to you and you are not entitled to transfer your MadronaID to any other person.

3.3 You may request deletion of your account at anytime through our support page at https://support.madronagames.com

3.4 YOU ACKNOWLEDGE AND AGREE THAT YOU WILL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY MADRONA ACCOUNT THAT YOU CREATE USING ANY OF OUR SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY MADRONA ACCOUNT AT ANY TIME FOR ANY REASON (SUCH AS CEASING A GAME FOR ECONOMIC REASONS DUE TO A LIMITED NUMBER OF USERS CONTINUING TO MAKE USE OF THE GAME OVERTIME) OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.

Gameplay

3.5 When you use our Services, we use your gameplay information (such as your past scores, your country, the level you have reached in a Game, your purchase history, or any other gameplay activity) and/or your personal data to personalise your experience of the Services. For example, we use your personal data and gameplay information to offer customised Services, in-game events, offers, promotions, and/or levels. For more information on how your personal data is processed, please see our Privacy Policy.

4. Virtual Content and Purchase Terms

Madrona owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Madrona games. 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 items, content, features, goods, services or currency appearing or originating in any Madrona game, whether earned in a game or purchased from Madrona, or any other attributes associated with an Account or stored on the Service.

4.1. Purchases

In the Service you may purchase, with “real world” legal tender or fiat currency, a limited, personal, non-transferable, non-sublicensable, revocable right to use (a) virtual currency, including but not limited to virtual cash or nanopods, all for use in Madrona games; (b) virtual in-game items, characters or vehicles; and (c) other goods or services (points a – c are jointly referred to as “Virtual Items”). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service, and not in any other way.

You expressly agree that we will start the performance of the purchase agreement of Virtual Items or any other digital content before the expiration of any statutory withdrawal period defined in applicable laws. You give explicit prior consent that the content you have purchased will be delivered to you before the withdrawal period ends and you thereby lose the statutory right of withdrawal.

Madrona may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice. To the fullest extent under applicable law, Madrona shall have no liability to you or any third party in the event that Madrona exercises any such rights.

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

If you do not connect your Game on a device to a MadronaID account, we will not be able to restore any Virtual Content, or other data associated with your Game to a different device if you lose, damage or change that device. Accordingly, on a device which is not connected to your MadronaID Account

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE EXCEPT WHERE REQUIRED UNDER APPLICABLE LAW.

The provision of Virtual Items for use in Madrona games is a service provided by Madrona that commences immediately upon acceptance by Madrona of your purchase.

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. Madrona may revise the pricing for the Virtual Items offered through the Service at any time. YOU ACKNOWLEDGE THAT MADRONA 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. Updates to the Service

You understand that the Service is an evolving one. Madrona may require that you accept updates to the Service and to Madrona’s games you have installed on your device or computer. You acknowledge and agree that Madrona may update the Service and Madrona 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 Madrona games.

6. Disclaimer of Warranties

WITHOUT LIMITING MADRONA’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 COURSE OF DEALING OR USAGE OF TRADE. MADRONA 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 jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.

7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MADRONA 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 MADRONA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, MADRONA SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO MADRONA 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 MADRONA DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND MADRONA’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH MADRONA 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 MADRONA OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF MADRONA.

You agree to indemnify, defend and hold Madrona (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.

8. Dispute Resolution

You and Madrona agree that the processes for dispute resolution described in this agreement will apply to any dispute or claims related to these Terms of Service, the Privacy Policy, or the Service. Disputes include any claims of any kind, including but not limited to legal, equitable, or statutory claims. Processes for dispute resolution will apply even if you stop using your Account, delete your Account, or stop using the Service. They will also apply to disputes that arose before we entered into this agreement.

Sections 8.1 to 8.6 apply to you if you are a resident of the United States or Canada. They do not apply to you if you are a resident of any other country

8.1. Informal Dispute Resolution

You must try to informally resolve any dispute directly with Madrona for at least thirty (30) days before you start an arbitration. The informal dispute resolution process starts when you give Madrona written notice of the dispute through [email protected].

8.2. Arbitration

Agreement You and Madrona agree to resolve any disputes exclusively in final and binding arbitration as follows:

Either you or Madrona may choose to submit any dispute for resolution exclusively by final and binding arbitration unless the claim is within the exceptions described below. If you or Madrona brings a claim in court that can be resolved by arbitration under this section, then either party can ask the court to order the parties to resolve the claim by arbitration. The arbitrator will have the exclusive authority to decide whether any portion of Section 8 (“Dispute Resolution”) is valid or enforceable, or whether it applies to a claim.

An arbitration proceeding will be held before a neutral arbitrator. This means you and Madrona agree to give up the right to resolve the dispute in a trial before a judge or jury. Arbitration has different rules than more formal lawsuits. For example, the ability to force the other side to share information may be more limited than the process called discovery in formal lawsuits. After the arbitrator decides the outcome, that decision will be final. You or Madrona can ask the arbitrator to put a decision or award and the reasons for it in writing. Either of us can ask a court to confirm or enter the arbitrator’s final decision or award, which will make it the same as a court judgment. You and Madrona will generally not be able to change the outcome of arbitration through courts outside of very limited circumstances.

The arbitration will take place either in Los Angeles, California, USA or in the county or province where you reside.

8.3. Arbitration Process

The arbitration will be run by the American Arbitration Association (“AAA”). AAA’s rules and procedures will be used for the arbitration, including the Consumer Arbitration Rules. But if there is a conflict between these Terms of Service and AAA’s rules and procedures, then we will follow these Terms of Service. To review AAA’s Rules or to start arbitration, you can go to AAA’s website. If either of us decide to start arbitration, we agree to provide the other party with a written Demand for Arbitration as specified in the AAA Rules.

The fees for arbitration will be determined by AAA’s Consumer Arbitration Rules. If the arbitrator decides that those fees are excessive, Madrona will pay the fees. Each side will pay their own attorneys’ fees and costs unless the claims allow for to the prevailing party to recover attorneys’ fees and costs, in which case the arbitrator may award them under the applicable law. If either party unsuccessfully challenges the validity of the arbitrator’s decision or award through a subsequent court case, the unsuccessful party shall pay the opposing party’s costs and attorneys’ fees associated with the challenge.

8.4 Exceptions to Agreement to Arbitrate

You and Madrona agree that the arbitration agreement in Section 8.2 will not apply to the following disputes:

Claims about Madrona’s intellectual property, such as claims to enforce, protect, or concerning the validity of Madrona’s copyrights, trademarks, trade dress, domain names, patents, trade secrets, or other intellectual property rights.
Claims related to piracy or tortious interference.
Claims that are not subject to an arbitration agreement as a matter of law and are not preempted by federal law that would allow for an agreement to arbitration.
Claims in small claims court.

Any dispute not subject to arbitration under these exceptions shall be resolved by a court of competent jurisdiction as described in Section 10 (“Venue for Disputes Not Subject to Arbitration”).

8.5 No Class Actions

You and Madrona agree that we can only bring claims against each other on an individual basis.That means:

You cannot bring a claim against Madrona as a plaintiff or class member in a class, collective, consolidated, or representative action.
The arbitrator cannot combine any other person’s claims with yours into a single case or preside over any class, collective, consolidated, or representative arbitration proceeding.
The arbitrator’s decision or award in your case will not apply to anyone else and cannot be used to decide other people’s disputes.

If this section (Section 8.5 “No Class Actions”) is found to be unenforceable or invalid, then the entirety of Section 8, including Sections 8.1 to 8.6, shall be void.

8.6 Opt-Out of Arbitration Agreement and No Class Actions Provisions

You can choose to opt out of and not be bound by the Arbitration Agreement and No Class Action provisions above (Sections 8.1 to 8.5) by sending written notice of your decision to opt out to [email protected] with the subject line “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” You must send us this notice within thirty (30) days of your first use of the Service or availability of this opt-out, whichever is later. If you do not send us a notice within that time, you will be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Madrona also will not be bound by them.

9. Applicable Law

Our Games and other Services are made available subject to these Terms. This paragraph explains which laws apply to these Terms.

If you are a resident of the United States or Canada: (1) the United States Federal Arbitration Act (including its procedural provisions) governs the interpretation and enforcement of the agreement to arbitrate and no class actions provisions of Section 8, and (2) any dispute arising out of or related to these Terms of Service, the Privacy Policy, or the Service shall be governed in all respects by the laws of the State of California, USA without regard to conflict of law provisions.

For residents in the Rest of the World, if you acquired and use this Product from countries other than those mentioned above, then you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable, and you expressly indemnify and hold harmless Madrona Games from any and all claims, loss, injury, damage, or costs arising from your use of the Product to the extent permitted by applicable law.

If you are a resident outside the United States and you are entitled to commence and/or participate in legal proceedings within the United States, then you agree that you will be bound by the BINDING ARBITRATION provisions in Section 8 above.

10 Venue for Disputes Not Subject to Arbitration

If you are a resident of the United States or Canada, you agree that any claim or dispute you may have against Madrona that is not subject to arbitration under Section 8 must be resolved exclusively by a federal or state court located in Los Angeles, California. You and Madrona consent to venue and personal jurisdiction in Los Angeles, California for all such claims or disputes.

11. Severability

You and Madrona agree that if any portion of these Terms of Service or of the Madrona Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

12. General Provisions

12.1. Assignment

Madrona may assign or delegate these Terms of Service and/or the Madrona 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 Madrona’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.

12.2. Supplemental Policies

Madrona 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.

12.3. Entire Agreement

These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including the Madrona Privacy Policy), contain the entire understanding of you and Madrona, 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.

12.4. No Waiver

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

The express waiver by Madrona of any provision, condition, or requirement of these Terms of Service or the Madrona 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 Madrona 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 Madrona.

12.5. Notices

We may notify you via postings in our games, on madrona.com, via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the Madrona Privacy Policy shall be in writing and addressed to:

Madrona Games, Inc.

Address: 8 The Green STE B Dover, DE 19901

Attn: Privacy

With a copy provided digitally to [email protected]

12.6. Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms of Service to Madrona are of a unique and irreplaceable nature, the loss of which shall irreparably harm Madrona and which cannot be replaced by monetary damages alone so that Madrona 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 Madrona 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).

12.7. Force Majeure

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

13. Complaints and Contacts

Most concerns can be resolved by contacting us at [email protected].

If you are a resident of the European Union, unresolved disputes may be addressed through the European Commission’s online dispute resolution platform at http://ec.europa.eu/consumers/odr.

If you are a resident of the United Kingdom, you may refer to the UK Government’s consumer protection rights information at https://www.gov.uk/consumer-protection-rights.

For residents of the United States, please refer to Section 8.