Terms | Stimmy

Terms Of Service

Effective Date: September 20, 2022

Welcome to www.stimmygame.com (the "Website*), owned and operated by Stimmy Games,

LLC, a Delaware limited liability company ("Stimulus", "we", "us", or "our*). Except as otherwise noted herein, these terms and conditions (the "Terms*) govern your use of the Website, the Stimulus app (the

"App"), and Stimulus's services, content and products (collectively, the "Service"). Please read these Terms carefully because your use of the Service constitutes your agreement to follow and be bound by these Terms.

If you do not agree to these Terms, you should not access or use the Service. By using the Service, you acknowledge, accept and agree with all provisions of the Privacy Policy, including, without limitation, the use and treatment of the text and other data you choose to input, upload, or store in Stimulus (collectively,

"Content*) and your Personal Information in accordance with the Privacy Policy. Capitalized terms not defined herein shall have the meanings set forth in the Privacy Policy and Contest Official Rules.

Stimulus reserves the right to make changes to the Service and to these Terms from time to time.

When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Service because by visiting the Service, you agree to accept any such changes.

Stimulus provides you with access to and use of the Service subject to your compliance with these Terms.

No material from the Service may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Service. The Service, including all of its information and content, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages (collectively,

"Materials and Content), is Stimulus's property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States

and/or foreign laws. Except as otherwise provided on the Service or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any Materials and Content from this Service in whole or in part, for any public or commercial purpose without the specific prior written permission of Stimulus. We grant you a personal, limited, nonexclusive, nontransferable license to access the Service and to use the information and services contained therein solely for your personal. noncommercial use as described below.

We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Service and to terminate, change, suspend or discontinue any aspect of the Service, including, but not limited to, the Materials and Content on the Service as well as features and/or hours of availability of the Service, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Service or restrict your access to part, or all, of the Service without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Account Creation: Eligibility. This is a contract between you and Stimulus. You must read

and agree to these Terms before using the Service. If you do not agree, you may not use the Service to register for an account. You may use the Service only if you can form a binding contract with Stimulus, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. In order to use the Service you must download the App and complete the registration process to obtain a user account. You will be required to provide your name, and e-mail address, and may be asked to provide your address, phone number and date of birth. You must provide complete and accurate information about yourself during the registration process and you have an ongoing obligation to update this information if and when it changes. We will handle your information consistent with our Privacy Policy, which is incorporated into these Terms by reference. When you create an account, you will be required to create a user ID and password or we may require you to log in via Facebook Connect, Twitter or another authentication mechanism. You represent and warrant that you are an individual person at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party. You are not eligible for our Contests if you violate any provision of these Terms or the Stimulus App Official Contest Rules, as determined in our sole discretion. You agree that you will never share your user ID and password with anyone else for any reason. You agree that only you will use your account. You agree to contact Stimulus immediately in the event you become aware of unauthorized access to your account. You agree that you are solely responsible for all activity that takes place in connection with your account and you agree to indemnify and hold harmless Stimulus from any damages that arise out of or in relation to use of your account. You agree that you will not create more than one account. By registering and obtaining an account you affirm that you will follow the Terms and your registration constitutes your consent to enter into agreements with us electronically. If you provide any information that is inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is inaccurate, not current or incomplete, we may deny you access to Contests, areas requiring registration, disqualify you from Contests, revoke Prizes, and/or terminate your account, in our sole discretion.

Electronic Communications. With the creation of an account you agree that we may send to you electronic notices or other communication regarding this Service. These types of electronic communications will be sent to the email address that was provided during registration and/or the email address associated with your account. The contents of any communication are effective when sent, regardless of when you receive or whether you read the communication. You can stop receiving these notices and communications at any time with the deactivation of your account. By providing your email, you are representing you are of legal age to receive electronic communications and may receive electronic communications and exclusive offers. These exclusive offers may be unavailable depending on your state and local regulations. All offers are Void Where Prohibited. The email address provided will

be used solely by Stimulus and will not be sold to, shared with, or otherwise disclosed to other parties, except as permitted under our Privacy Policy. You can choose to stop receiving offers at any time by filling out an unsubscribe request, using the unsubscribe option on communications or contacting us using the contact information on the Service.
Prohibited Uses. The Service may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Service, purchasing services, providing information to the Service and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications to the Service. Stimulus specifically prohibits any use of the Service, and requires all users to agree not to use the Service, for any of the following: (i) posting any information that is incomplete, false, inaccurate or not your own; (i) engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation, or that would fail to comply with accepted Internet protocol; (iii) communicating, transmitting or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the irrevocable permission of the owner to post it; (iv) communicating, transmitting or posting material that (a) reveals trade secrets, unless you own them or have the irrevocable permission of the owner, (b) infringes on any other intellectual property, privacy or publicity right of another, or (c) is in violation of applicable laws or regulations; (v) communicating, transmitting or transferring (by any means) information or software derived from the Service to foreign countries or certain foreign nations in violation of any applicable export control laws; or (vi) attempting to interfere in any way with the Service's or Stimulus's networks or network security, or attempting to use the Service's service to gain unauthorized access to any other computer system.
1. Security Rules. Violations of system or network security may result in civil or criminal liability. Stimulus investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Service, including, without limitation, the following: (i) accessing data not intended for you or logging on to a Stimulus server or account that you are not authorized to access; (in) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt); (iii) attempting to interfere or interfering with the operation of our Service, our provision of services to any other visitors to our Service and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Service, overloading, "flooding," "email bombing" or "crashing" the Service; and (iv) forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Service.
2. Location-Based Services: We may offer features that are based on the location of users and which may report on the locations of those users as they use the Services (the "Location-Based Services").
You may partake in using these Location-Based Services solely at your own discretion, and may opt out of providing such information by turning off those features. Should you use Location-Based Services, you are consenting to our collection and dissemination of your location information through the Services. Under no circumstances shall we be liable for claims or damages therefrom arising out of your informed decision to disseminate your location information through the Service.

6.

Payment Terms and Goods: Through the App, you may purchase ("In App Purchase"),

earn, be rewarded with, or otherwise procure certain virtual goods and items designed to enhance the performance of the Services ("Goods"), including, without limitation, items that may permit you to gain a Boost Card,.

As stated in the Contest Official Rules, if you are physically located in a restricted location, you will not be permitted to enter a Contest. You may, however, be able to purchase a Boost Card or other Goods while physically located in a restricted location, so be aware that your redemption and use of a Boost Card or other Goods may be limited.

You must provide accurate payment information. Failure to provide accurate payment information may result in Company suspending or terminating your account and terminating, withholding, or revoking the awarding of any Prizes.

When you make In App Purchases, you are doing so through either Apple iTunes service or the Google Play service and you are agreeing

to their respective

Terms and

Conditions.

(http://www.apple.com/legal/internet-

services/tunes/us/terms. html; http://play.google.com/intl/en us/about/play-terms.html or as amended from time to time by Apple or Google). If you are unsure about your rights in purchases made through either service, you should check with your respective service before making a purchase. All payment related requests should be directed to Apple or Google through their respective service, and are subject to their respective Terms and Conditions. We are not a party to any In App Purchase and we have no obligation to, and cannot, provide refunds or credits. All sales of Goods and In App Purchases are final. Charges paid by you are final and non-refundable, except as required by law.

You agree that Goods have no monetary value and cannot be exchanged for real money, real goods, or real services from us or anyone else. Goods are non-transferrable, may not be resold, and are not redeemable for cash or other consideration. You do not own Goods, but instead you purchase a limited, personal, revocable license to use them. Any balance of Goods does not reflect any stored value. The use of Goods within the Services may be limited as described in the applicable Contest Official Rules. We reserve the right to control, regulate, change, remove, expire, limit, or modify any Goods at any time without any liability to you. If your account is cancelled for any or no reason, you may forfeit any pending, current, or future Goods and any other forms of unredeemed value in or associated with your account without prior notice to you.

We may revise the pricing for Goods offered through the Services at any time. We may limit the total amount of Goods that may be purchased at any one time, and/or limit the total amount of Goods that may be held in your account in the aggregate. You are only allowed to obtain Goods from us or our authorized partners through the Services, and not in any other way.

All payments required by these Terms are stated exclusive of all taxes, duties, levies, imposts, fines or similar governmental assessments, including sales and use taxes, value-added taxes, goods and services taxes, excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon, excluding taxes based on Eventbrite's net income (collectively, "Taxes*). You shall be responsible for and bear Taxes associated with its purchase of, payment for, access to or use of the Services. Taxes shall not be deducted from the payments to Stimulus, except as required by law, in which case you shall increase the amount payable as necessary so that after making all required deductions and withholdings, Stimulus receives and retains (free from any Tax liability) an amount equal to the amount it would have received had no such deductions or withholdings been made.

7. User License Grant; Social Media Agreement.

a.

We do not claim ownership of user-generated content and material. Any and all

photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you: (1) submit or post on the Service, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Tumblr and Pinterest, that are tagged with #stimulus, #stimulusgame or any other Stimulus promoted hashtag (collectively " User Content) shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to Stimulus a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness (and the likeness of any other person appearing therein, including, without limitation, any minor child) included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including, but not limited to, in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to: (a) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms; or (b) inspect or approve the editorial copy or other material that may be used in connection with the User Content. Stimulus will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services that incorporate or otherwise rely upon such information. Stimulus shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. Stimulus retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content.

b.

By submitting or posting User Content on the Service, on your social media

accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that: (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you hereby give permission on behalf of any minor children that appear in the User Content, to which you are the legal guardian, to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iv) you are 18 years of age or older; and (v) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by Stimulus, you will furnish Stimulus any documentation, substantiation or releases necessary to verify your compliance with these Terms. You are solely responsible for the User Content and you hereby agree to indemnify and hold Stimulus and its members, manager, employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

C.

Stimulus does not guarantee the truthfulness, accuracy or reliability of any User

Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge Stimulus and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential,

direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity; or (¡i) the use by Stimulus or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, "moral rights," or rights of attribution and integrity. You acknowledge and agree that Stimulus has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content.

Stimulus acts as a passive conduit for User Content and has no obligation to screen or monitor User Content.

If Stimulus becomes aware of any User Content that allegedly may not conform to these Terms, Stimulus may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. Stimulus has no liability or responsibility to Users for performance or nonperformance of such activities.

d

Without limiting the foregoing in any way, Stimulus has the absolute right to

remove and/or delete without notice any User Content within its control in its sole discretion. You consent to such removal and/or deletion and waive any claim against Stimulus for such removal and/or deletion.

Stimulus is not responsible for failure to store posted content or other materials you transmit through the Service. You should take measures to preserve copies of any data, material, content or information you post to the Service or any other sites or platforms.
2. Termination. We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Services. If you wish to terminate your account, you may do so by removing the App from your device and following the instructions on the App or through the Services. If your Account is terminated, you may no longer be able to access or use any Goods associated with that Account. We will not offer a refund to you for any Goods purchased. All Goods sales are final. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
3. Privacy Policy. Notwithstanding anything else to the contrary contained in these Terms of Use, Stimulus's use of any personally identifiable information (name, etc.) you provide via the Service shall be governed by our Privacy Policy. For further information regarding Stimulus's protection of your personal information, please refer to our Privacy Policy.
4. California Consumer Rights Notice. Under California Civil Code Section 1789.3,
California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Service, please either send an email to hello@stimmygame.com or write to us at Stimmy Games, LLC, 10235 W Sample Road, Ste 205, Coral Springs, Florida 33065. Residents of California may contact the California Department of Consumer Affairs Division of Consumer Services, Complaint Assistance Unit by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
1. Content Rights. While you own the Content you store within the Service (subject to third party rights), you acknowledge and agree that Stimulus (and our licensors) own(s) all legal right, title and interest in and to the Service, including, without limitation, all software that is part of the Service and all Stimulus software deployed by you or a third party to enable capturing of Content originating outside the Service or any of the Stimulus software applications for compatible computing devices that enable access and use of the Service through such device.
2. Proprietary Rights. As between you and Stimulus, Stimulus is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Service, and is the copyright owner or licensee of the Materials and Content on the Service, unless otherwise indicated. The Stimulus logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, the "Intellectual Property*) are owned by Stimulus and may be registered in the United States and internationally. You agree not to display or use the Intellectual Property in any manner without Stimulus's prior written permission.
Nothing on the Service should be construed to grant any license or right to use any of the Intellectual Property without the prior written consent of Stimulus. Except as otherwise provided herein, use of the Service does not grant you a license to any Materials and Content or features you may access on the Service and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Service is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by Stimulus. If you make use of the Service, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Service, including, without limitation, all site design, text, graphics, interfaces and the selection and arrangements of such is protected by law, including, but not limited to, copyright law.

13. Right to Modify the Service. We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Service, including changes that may affect the previous mode of operation of the Service. We expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us. We also reserve the right to establish limits to the nature or size of storage available to you, the number of transmissions, the ability to send or receive email messages, the nature or size of any index or library information, the nature of, or your continued ability to access or distribute, your Content and other data, and impose other limitations at any time, with or without notice.

You also acknowledge that a variety of Stimulus actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that Stimulus has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service. However, if you are a paid subscriber of Stimulus through a Subscription and find that any such modifications or interruption of the Service adversely affects you, you may notify our customer support team, explain the adverse impact the modification has created and, if you desire, request a termination of your Subscription. Upon receipt of any such request, we will endeavor to promptly remedy the adverse impact caused by the modification, extend the duration of your Subscription for a period of time equal to the interruption and/or refund a portion of your Subscription fee equal to the remaining unused term of the Subscription, as we determine appropriate or as may be required by applicable law.
1. Right to Engage Third Parties. Stimulus engages certain affiliates or other third parties ("Service Providers*) to provide technical or other services relating to all or part of the Service, and you hereby agree that such involvement by these Service Providers is acceptable. In addition, Stimulus may contract with third party resellers of the Subscription and payment processors to enable payments in your local currency and payment systems. Please see our Privacy Policy to understand the extent to which any affiliate or third party may have access to your account information or Content.
2. Right to Update Our Service. In connection with any modification of the Service, Stimulus may automatically download software updates on your computers and devices from time to time with the intention of improving, enhancing, repairing and/or further developing the Service. Stimulus will endeavor to provide you with the option of whether or not to install the update; however, in certain circumstances (e.g., security risks), Stimulus may require you to install the update to continue accessing the Service. In all cases, you agree to permit Stimulus to deliver these updates to you (and you to receive them) as part of your use of the Service.
3. Copyright Complaints. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Stimulus's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. $512 ("DMCA"). Please be advised that to be effective, the notice must include ALL of the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party; (v) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or as a matter of law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices of claimed copyright infringement and counter-notices should be delivered via email to hello@stimmygame.com or by mail addressed to Stimmy Games, LLC, 10235 W Sample Road, Ste 205, Coral Springs, Florida 33065. In accordance with the DMCA, it is our policy to terminate use of our Service by repeat infringers in appropriate circumstances.
1. Third Party Links. The Service may contain links to websites, applications or other products or services operated by other companies ("Third Party Platforms*). Stimulus does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. Stimulus is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.
2. Apple Device and Application Terms. In the event you are accessing the Services via an application on a device provided by Apple, Inc. ("Apple") or an application obtained through the Apple App Store (in either case, an "Application*), the following shall apply:
a. Both you and Stimulus acknowledge that these Terms of Use are concluded between you and Stimulus only, and not with Apple, and that Apple is not responsible for the Application or the Content;

b.

The Application is licensed to you on a limited, non-exclusive, non transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Use as they are applicable to the Services;

c. You will only use the Application in connection with an Apple device that you own or control;

d.

You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

e.

In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple's sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;

You acknowledge and agree that Stimulus, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;

g.

You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, Stimulus, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

h.

You represent and warrant that you are not located in a country subiect to a U.S.

Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;

i.

Both you and Stimulus acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of Agreement which may affect or be affected by such use; and

j. Both you and Stimulus acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of these terms, and that upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as the third-party beneficiary hereof.

19. Disclaimers and Limitations of Liability.a.

Stimulus publishes information on its Service as a convenience to its visitors.

While Stimulus attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Service at any time without notice. The products described on the Service may not be available in your region. Stimulus does not claim that the information on the Service is appropriate to your jurisdiction or that the products described on its Service will be available for purchase in all jurisdictions.

b.

You assume all responsibility and risk with respect to your use of the Service,

which is provided "AS IS." STIMULUS DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS,

USEFULNESS OR

CONTENT OF INFORMATION,

UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. STIMULUS DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. STIMULUS MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THIS LIMITATION OF LIABILITY MAY NOT APPLY TO ALL USERS AND MAY BE LIMITED BY APPLICABLE LAW, AND CERTAIN USERS MAY HAVE ADDITIONAL RIGHTS NOT EXPRESSED HEREIN.

C.

Stimulus makes no warranties of any kind regarding any sites not controlled by

Stimulus to which you may be directed or hyperlinked from this Service. Hyperlinks are included solely for your convenience, and Stimulus makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such sites not controlled by Stimulus. Stimulus does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Service.

d.

IN NO EVENT SHALL STIMULUS, ITS AFFILIATES OR ANY OF THEIR

RESPECTIVE MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF STIMULUS OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

20. Indemnity. You agree to indemnify and hold Stimulus, its managers, members, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including actual outside attorneys' fees and court costs, in any way arising from, related to or in connection with your use of the Service, your violation of these Terms or the posting or transmission of any materials on or through the Service by you, including, but not limited to, any third-party claim that any information, materials or User Content you provide infringes any third-party proprietary right. You further agree to reimburse Stimulus, within thirty (30) days of each demand for reimbursement, for any and all costs, liabilities, expenses, fees, fines, professional fees and other amounts paid or incurred by Stimulus (or such other indemnitee) in connection with the foregoing indemnity.
1. Governing Law and Disputes. THE PARTIES AGREE THAT THESE TERMS, ANY SALES THEREUNDER, AND/OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE) BETWEEN YOU AND STIMULUS ARISING FROM OR RELATING TO THESE TERMS, ITS INTERPRETATION OR THE BREACH, TERMINATION OR VALIDITY THEREOF, THE RELATIONSHIPS THAT RESULT FROM THESE TERMS, STIMULUS'S ADVERTISING, OR ANY RELATED PURCHASE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF DELAWARE, WITHOUT REGARD TO CONFLICTS OF LAW.
2. Dispute Resolution and Binding Arbitration. YOU AND STIMULUS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND STIMMY GAMES, LIC, its members, managers, agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase (collectively "Stimulus") arising from or relating in any way to any In App Purchases or purchase of Goods, your use of the Service, these Terms, its interpretation or the breach, termination or validity thereof, the relationships that result from these Terms (including relationships with third parties who are not signatories to these Terms), Stimulus's advertising or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or these Terms is void, voidable or otherwise invalid. The arbitration shall be administered by the American Arbitration Association (AAA) or JAMS (or a substitute forum if both are unavailable). Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. Consumer claimants (individuals whose transaction is intended for personal, family or household use may elect to pursue their claims in small-claims court rather than arbitration. The arbitration or small-claims court proceeding will be limited solely to the customer's individual dispute or controversy.
You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR STIMULUS SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS/USERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be class arbitration). The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1 - 16 (FAA). Any award of the arbitrators) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Payment for all filing, administration and arbitrator fees will be governed by the rules of the applicable arbitration administrator, provided, that Stimulus will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. If you prevail on any claim that affords the prevailing party statutory attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

Information on AAA or JAMS and their applicable rules are available at the following numbers and URLs:

(i) American Arbitration Association: (800) 778-7879, www.adr.org; and (i) JAMS: (800) 352-5267, www.jamsadr.com. If for any reason a claim proceeds in court rather than in arbitration each of you and Stimulus waive any right to a jury trial. Moreover, each of you and Stimulus both agree that either party may bring suit in court to enjoin infringement or misuse of intellectual property rights.

23. General. These Terms constitute the entire agreement between you and Stimulus and govern your use of the Service, and they supersede any prior agreements between you and Stimulus, provided, however, that these Terms shall be read in conjunction with the "Terms of Sale" and "Privacy Policy," as applicable. You also may be subject to additional terms and conditions that are applicable to certain parts of the Service. Stimulus may terminate this agreement and deny you access to the Service at any time, immediately and without notice, if in Stimulus's sole discretion you fail to comply with any provision of these Terms. You agree that no joint venture, partnership, employment or agency relationship exists between Stimulus and you as a result of these Terms or your use of the Service. Any claim or cause of action you may have with respect to Stimulus or the Service must be commenced within one (1) year after the claim or cause of action arose or be forever barred. The failure of Stimulus to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision in these Terms of Use is held invalid, the remainder of these Terms shall continue to be enforceable. If any provision in these Terms is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms and the remaining provisions are still valid and enforceable. You may not assign these Terms nor any of your rights or obligations under these Terms without Stimulus's express prior written consent. These Terms inure to the benefit of Stimulus's successors, assigns, affiliates and licensees.

The section titles in these Terms are for convenience only and have no legal or contractual effect. All notice required or permitted under these Terms shall be made in writing by mail or by email to:

Stimmy Games, LLC

10235 W Sample Road, Ste 205

Coral Springs, Florida 33065

hello@stimmygame.com