Terms of Service

Terms of Service (Updated: Sep. 01, 2018)

Introduction

The terms of this agreement (the "Terms of Service") govern the relationship between you and MetalMU Inc and/or its affiliates ( "MetalMU" "we," or "us") regarding your play or use of, or participation in, MetalMU mobile games and related services and game support applications, including, without limitation, MetalMU App ("Application” or "Applications”), MetalMU Mobile-branded websites (“Websites”), online communities for Games or social network services offered platform for Games (collectively, the "Services"). Use of the Services is also governed by the privacy policy of MetalMU (“Privacy Policy”) as well as the MetalMU's community standards, which are incorporated herein by reference. We may collect and use your content and information in accordance with the Privacy Policy. By downloading or playing the Game, accessing and/or using the Services, and/or creating a MetalMU account, you accept and agree to be bound by the Terms of Service, the Privacy Policy, and the MetalMU's community standards (collectively, the "MetalMU Policy”). By agreeing with the MetalMU Policy, You represent that you are not a person barred from receiving services under the laws of applicable jurisdictions. You also represent that you are thirteen (13) years of age or older If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Terms of Service. MetalMU may amend, at our discretion, any portion of the MetalMU Policy at any time by posting or displaying the amended MetalMU Policy within and/or on the Games, or any of the Websites. You will be deemed to have accepted such amendments by continuing to use the Service. Except as otherwise stated, any such amendments will be automatically effective after they are initially posted.

Limited License

Subject to your agreement and complete compliance with the Terms of Service, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access and use our Services for your own personal and non-commercial use. You agree not to use our Services for anything else.

Revocation of Limited License, Change of Services

We reserve the right to revoke the limited license granted to you herein in our sole and absolute discretion. We may also, in our sole and absolute discretion, limit or terminate your right to access or use our Services or part thereof, maintain or delete your account and any items associated therewith, including but not limited to any Virtual Money or Virtual Goods (as defined below), without any liability to you. YOU UNDERSTAND AND AGREE THAT YOU WILL NOT BE COMPENSATED UNDER ANY CIRCUMSTANCES FOR ANY VIRTUAL MONEY, VIRTUAL GOODS, ANYTHING ELSE ASSOCIATED WITH YOUR ACCOUNT, OR FOR ANY OTHER REASON WHATSOEVER, REGARDLESS OF WHETHER YOU ARE BARRED FROM ACCESS TO THEM AS A RESULT OF REVOCATION OF THE LIMITED LICENSE OR CHANGE OF OUR SERVICES. In addition, we reserve the right to change all or part of our Services without any liability to you, at any time without any prior notice to you. Without limiting the generality of our rights reserved in the foregoing, we may modify our Services: (a) for technical reasons (such as technical difficulties experienced by us or on the internet); (b) to allow us to improve user experience; (c) where we have legal reasons for doing so (including privacy or other legal objections to the content or conduct of our Services); (d) because it no longer makes business sense for us to provide the relevant Service; or (e) because we have altered the Services we provide.

MetalMU Account

By completing the NoMercy.Site registration process, you may establish an Account with which to access the Service and become a NoMercy.Site Member ("Member"). Your Account allows you to participate in certain games, activities and other services made available on the Website. To create an Account, you must select a login name, nickname and password. Your nickname is your NoMercy.Site identity. You may not use a nickname that is used by someone else, and your nickname cannot be vulgar, or otherwise offensive, or be used in any way that violates these Terms of Service. You must provide truthful and accurate information during the Account registration process.

Third Party Account

You may allow our Services to interact with a third party social network or platform, which will provide data about you to us. If you choose to connect to one of our Websites or Applications through a third-party social network such as Facebook or Game Center (for iOS devices), we may collect personal Information from your profile on such third-party social networks, such as your name, username, and photograph. You should ensure that you read their terms of service and privacy policies to understand how they treat your data and what data they might share with us.

Responsibility of Account User

YOU ARE SOLELY AND FULLY RESPONSIBLE FOR KEEPING YOUR LOGIN DETAILS CONFIDENTIAL AND ALL USES OF YOUR ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH THE USE OF YOUR LOGIN DETAILS, WHETHER NOT AUTHORIZED BY YOU. You may not use anyone else's account or permit others to use your account at any time. You acknowledge and agree to accept full responsibility for all fees and purchases made through your account (including any unauthorized purchases) and agree to fully compensate us for any loss or harm that may result. MetalMU will not be responsible to you for any losses resulting from an unauthorized access or use of your account, whether fraudulently or otherwise.

Termination of Account

You have the right to terminate or cancel your Account at any time. You understand and agree that the cancellation of your Account is your sole right and remedy with respect to any dispute, including, but not limited to, any related to, or arising out of: (i) any term of these Terms of Service or MetalMU’s enforcement or application of these Terms of Service; (ii) the Content (defined below) available through NoMercy.Site; (iii) your ability to access and/or use NoMercy.Site; or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

User Content

You understand that all User Content is the sole responsibility of the person from whom such content originated. We do not control User Content and we do not make any guarantee whatsoever related to User Content. Although we sometimes review User Content, we are not obligated to do so. Under no circumstances will we be liable or responsible in any way for any claim related to User Content. By Posting any User Content to or through the Application(s), you grant us a royalty-free, irrevocable, transferrable, sub-licensable, perpetual and non-exclusive license throughout the universe for use in any and all media whether now known or hereafter devised to copy, modify, distribute, display, broadcast, perform, make derivative works from, use and otherwise exploit any and all such User Content for any purpose whatsoever, including without limitation any commercial, advertising, or promotional uses, and to license third parties to do the same. You also waive to the full extent permitted by law any and all claims against us related to moral rights in User Content. In no circumstances will we be liable for any exploitation of any User Content that you Post. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you Post. If any of the User Content that you Post to or through the Applications contains ideas, suggestions, documents, and/or proposals to us, we will have no obligation of confidentiality, express or implied, with respect to such User Content, and we shall be entitled to use, exploit or disclose (or choose not to use or disclose) such User Content at our sole discretion without any obligation to you whatsoever (i.e., you will not be entitled to any compensation or reimbursement of any kind from us under any circumstances). If any of the User Content you Post to or through the Application(s) contains the name, image, voice, likeness, or biographical information (“Likeness”) of any person, you hereby represent to MetalMU that you have obtained all necessary rights to that Likeness, and that MetalMU’s use of that person’s Likeness will not violate the proprietary rights of any person or entity. Upon request, you will provide MetalMU with a signed consent regarding the rights granted to MetalMU regarding your Likeness, and you will provide MetalMU with copies of similar consents and permissions for any Likeness other than your own that is included in your User Content. By Posting User Content to or through the Application(s), you hereby grant to MetalMU a royalty-free, irrevocable, transferrable, sub-licensable, perpetual and non-exclusive license throughout the universe for use in any and all media whether now known or hereafter devised to use the Likenesses contained within the User Content for any purpose whatsoever, including without limitation commercial, advertising, and/or promotional uses, for MetalMU, its subsidiary and affiliated companies, and/or any of such entities’ products or services.

User Conduct

You agree that you will be personally responsible for your use of MetalMU services and for all of your Content and online activity on the Service, and that you will indemnify and hold harmless MetalMU, its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys’ fees, from third parties arising from such conduct. Specifically, you agree to comply with all applicable laws, rules and regulations governing the disclosure and use of third party property, including, without limitation, any and all intellectual property rights. Moreover, you agree not to engage in any of the following:
(a) Post, transmit, promote, or distribute illegal Content.
(b) Harass, threaten, abuse, disparage, libel, slander, embarrass, or do anything else to another Member, guest or MetalMU employee.
(c) Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable.
(d) Infringe upon the intellectual property rights of MetalMU or any third party.
(e) Alter or cancel another Member's Account.
(f) Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, "spamming" or flooding [posting repetitive text].
(g) Impersonate another person, indicate that you are a MetalMU employee or a representative of NoMercy.Site, or attempt to mislead Members or guests by indicating that you represent MetalMU or any of MetalMU’s licensors or affiliates.
(h) Attempt to get a log-in I.D., password, or other Account information, or any other private information from a Member or any other user on NoMercy.Site. Remember: MetalMU employees will NEVER ask for your password. Don't give your password, secret answers, or billing information out to anyone.
(i) Upload any Content that you do not own or have the right to freely distribute.
(j) Engage in or promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
(k) Upload files that contain a virus or corrupted data.
(l) Post messages for any purpose other than personal communication, including, without limitation, advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of our Service.
(m) Improperly use in game support or complaint buttons or make false reports to MetalMU
(n) Use, develop, or distribute "auto" software programs, "macro" software programs or other "cheat utility" software program or applications.
(o) Modify, delete or create derivative works of the Service or Website, or any component thereof.
(p) Post or communicate any player's real-world personal information within the Service or any other part of the Web Site.
(q) Interfere with, hack into or decipher any transmissions to or from the servers running the Service.
(r) Exploit any bug in the Service or in any MetalMU product to gain unfair advantage in the game and you will not communicate the existence of any such bug (either directly or through the public posting) to any other user of the Service.
(s) Attempt to play your MetalMU game on or through any service that is not controlled or authorized by MetalMU You will not participate in any online service that provides online features or game play for your NoMercy.Site game that is not authorized by MetalMU
(t) Do anything that interferes with the ability of other Members or guests to enjoy playing a MetalMU game and using the Service or that materially increases the expense or difficulty of MetalMU in maintaining the Service for the enjoyment of all its Members and guests.

If you encounter another Member who is violating any of the items described in the Online Conduct list above, please report them using the Help or Report Abuse functions of the Service. MetalMU does not recognize or condone any outside service that may be used for the exchange of points, assets or attributes that you may accumulate as a result of participating in the Service or playing your NoMercy.Site game. This includes the exchange of NoMercy.Site Accounts, or items on services including eBay or Yahoo! Auctions. We do not assume any responsibility for, and won’t support such transactions.
NOTE THAT YOU ARE ONLY LICENSING THE RIGHTS TO USE YOUR ACCOUNT AND THE SERVICE, AND AS MetalMU EITHER OWNS, OR HAS EXCLUSIVELY LICENSED, ALL OF THE GAME SOFTWARE AND OTHER CONTENT WHICH APPEARS IN THE SERVICE, MetalMU DOES NOT RECOGNIZE ANY PROPERTY CLAIMS OUTSIDE OF THE SERVICE, OR THE PURPORTED SALE, GIFT OR TRADE IN THE REAL WORLD OF ANYTHING RELATED TO THE SERVICE. SPECIFICALLY, ALTHOUGH YOU MAY ACQUIRE, CREATE, DESIGN, OR MODIFY GAME SOFTWARE-RELATED ITEMS, YOU AGREE THAT YOU WILL NOT GAIN ANY OWNERSHIP INTEREST WHATSOEVER IN ANY SUCH ITEMS. ACCORDINGLY, YOU MAY NOT SELL GAME ITEMS OR ACCOUNTS FOR REAL MONEY OR EXCHANGE ITEMS OF THE SERVICE, AND DOING SO MAY LEAD TO THE IMMEDIATE TERMINATION OF YOUR ACCOUNT AND/OR THE ACCOUNT OF THE MEMBER WHO HAS ACQUIRED SUCH GAME ITEMS OR ACCOUNTS. YOU FURTHER AGREE THAT THESE RULES WILL APPLY TO ANYONE THAT YOU ALLOW TO USE YOUR SERVICE ACCOUNT OR USER ID, AND THAT YOU ARE PERSONALLY RESPONSIBLE FOR THE CONSEQUENCES (INCLUDING TERMINATION OF YOUR ACCOUNT) THAT MAY RESULT IF ANY SUCH PERSON VIOLATES THESE RULES.

Social Networking Features and Game Forums

While using the Applications, you may enable interactivity between the Applications and certain social networking services, such as Facebook, Google +, or Twitter. These services enable you and MetalMU to communicate with third parties. In addition, you may display the information generated from your participation in games on these social networks. You may also engage in Application forums for the purpose of communicating with other players about topics such as game strategy. You understand that much of the information included in the social networking features and the forums is from other players who are not employed by or under the control of MetalMU. You further acknowledge that a large volume of information is available in the social networking features and the forums and that people participating in them occasionally Post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, abusive or even unlawful. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed by you or the other players. The opinions expressed reflect solely the opinion(s) of you and the other players and may not reflect our opinion(s). We are not responsible for any errors or omissions in Postings, for hyperlinks embedded in messages or for any results obtained from the use of the information. Under no circumstances will we be liable for any loss or damage caused by your reliance on such information. You should be aware that, when you disclose information about yourself using a social networking feature or a forum, the information is being made publicly available and may be collected and used by other users. When you disclose any information, you do so at your own risk. We may, but have no obligation to, monitor the social networking features or the forums. You acknowledge and agree that we have the right (but not the obligation) to monitor, record and store your communications and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Applications properly, to protect ourselves, our sponsors and our members and visitors and/or to comply with legal obligations or governmental requests.

Virtual Goods and Virtual Money

Our Services may include fictional currencies such as coins, gold coins and points ("Virtual Money") and virtual items or services for use with our Services ("Virtual Goods"). You can buy Virtual Money from us for real money if you are a legal adult in your country of residence. If you are a legal adult in your country of residence, you may also be able to buy Virtual Goods for real money and/or other credits. You agree that you will only purchase Virtual Money and/or Virtual Goods from us or a third party store used by us, and not from any third party. We reserve the right to charge fees for the right to access or use Virtual Money or Virtual Goods, and we revise the perceived value or pricing for any Virtual Money or Virtual Goods. We may also decide to distribute Virtual Money or Virtual Goods without charge, in our sole discretion. You do not own Virtual Goods or Virtual Money but instead you purchase a limited personal revocable license to use Virtual Goods or Virtual Money exclusively within the Services - any balance of Virtual Goods or Virtual Money does not reflect any cash or stored value. You have no other rights, title or ownership with respect to Virtual Money or Virtual Goods. YOU ACKNOWLEDGE AND AGREE THAT VIRTUAL MONEY OR VIRTUAL GOODS HAVE NO CASH VALUE AND CAN NEVER BE EXCHANGED FOR REAL MONEY, GOODS OR SERVICES FROM US OR ANYONE ELSE. You agree that all sales of Virtual Money and Virtual Goods are final and that we will not refund any transaction once it has been made. A license to use Virtual Goods or Virtual Money is granted immediately when your purchase is complete. The performance of our Services begins and completes promptly, and therefore your right of withdrawal is lost at this point. We reserve the right to control, regulate, change or remove any Virtual Money or Virtual Goods in our sole discretion and without any liability to you. We prohibit and do not recognize any purported transfers of Virtual Money or Virtual Goods effectuated outside of our Services, or the purported sale, gift or trade in the “real world” of anything that appears or originates in our Services, unless expressly authorized by us. Any such transfer or attempted transfer is prohibited and void, and may subject your account to termination.

Modification to Service

MetalMU may at any time and from time to time revise, supplement, suspend or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you, and terminate all licenses granted in these Terms of Service. You agree that neither MetalMU nor any of its affiliates, licensors, agents, or employees is liable to you or any third party for any revision, supplement, suspension, or discontinuation of the Service, and termination of any license. MetalMU, in its sole discretion, may remove or delete any of your Content when such Content has exceeded a pre-determined time restriction and/or quantity, or when the Website or the Service, or any component thereof, requires maintenance or upgrades.

Termination of Service

We reserve the right to suspend or terminate your access to our Services (including by deleting your account) and revoke your limited license granted herein, without or without prior notice to you, at any time for any reason or for no reason. In such event, MetalMU is not required to provide refunds, benefits or other compensation to Users in connection with such discontinued elements of the Services. Without limiting the generality, if we believe that you are in material breach of the Terms of Service (including by repeated minor breaches), we may terminate and delete your account without warning. We may also terminate or suspend your account for any other reason that we in our sole discretion determine appropriate. For the purposes herein, any breach of User Conduct shall be deemed to constitute material breaches of the Terms of Service subject to immediate termination of your account and access to our Services. You agree to compensate us for all losses, harm, claims and expenses that may arise from any of your breaches of the Terms of Service.

SMS Notifications, Push Notifications, Local Notifications & email Notifications

We may send local or push notifications to your mobile device to make you aware of game updates, promotional events, new game information, and other relevant messages regarding the game service. You can manage push notifications from the “options” or “settings” page within the relevant game. You may also be able to manage them from your device’s settings page for the relevant game. Also, we may send e-mail to your e-mail account to make you aware of game updates, promotional events, new game information, and other relevant messages regarding the game service. If you do not want receive our e-mail notification, please contact us. We will not send any SMS notification to your mobile device unless we obtain affirmative express consent from you in compliance with any applicable laws or regulations.

Privacy

We collect, process, use and share your personal information in accordance with our Privacy Policy, which is incorporated herein and constitutes part of the Terms of Service. By using our Services, you give your consent to us collecting, processing, using and sharing your personal data in the manner set forth in our Privacy Policy. If you do not agree to our Privacy Policy you should not access and/or use our Services, including any Services available through third party platforms. You acknowledge that the Websites and Services may not be private or secure, and we may no guarantees whatsoever. You are responsible for taking necessary and appropriate precautions and security measures bested suited for your use of the Services.

Links

We may provide links to third party websites or services within our Services sorely as a convenience to you. You understand that we do not control any contents, goods or services by such third party. We do not make any representations or warranties whatsoever about any other website that you may access through our Services, and we do not endorse the same. Access and use of the linked site or services is solely at your own risk and responsibility, and you acknowledge and agree that we are not responsible or liable to you, directly or indirectly, for any losses or harm caused by your use of the linked website or services, and any contents, information, advertisement, or other links therein. Your correspondence or dealings with the linked website or service providers are solely between you and such third party, and MetalMU is neither responsible nor liable for any part of such dealings. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties, you are providing it in accordance with their privacy policy (if any), and our Privacy Policy does not apply with respect to such data provided to the third parties.

We may provide Users with advertisements about our Services and/or other products or services, including those of a third party, that you may be interested in. Please see our Privacy Policy for details.

Member Disputes

You are solely responsible for your interactions with other Users of the Services. We may, at its sole discretion, attempt to mediate disputes between Users. We are not responsible and expressly disclaim any liability for any transactions administered by a third party payment service provider and/or store.

Disclaimers of Warranties

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE, WEBSITE, GAME SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. NOMERCY.SITE, WEBSITE, GAME SOFTWARE, METALMU’S PRODUCTS AND SERVICES, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. METALMU PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT METALMU WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

Limitation of Liability

NO PROVISIONS OF THESE TERMS OF SERVICE SHALL APPLY TO LIMIT LIABILITY ARISING FROM DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUD. OTHERWISE, YOU ACKNOWLEDGE AND AGREE TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH METALMU OR ITS LICENSORS, OR METALMU’S OR ITS LICENSOR’S AFFILIATES, EMPLOYEES, OFFICERS OR DIRETCORS (COLLECTIVELY FOR THE PURPOSES OF THIS CLAUSE “MetalMU AND ITS AFFILIATES”) IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL MetalMU AND ITS AFFILIATES BE LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION (INCLUDING BUT NOT LIMITED TO DEFAMATORY COMMUNICATIONS) OR CONTENT ON THE SERVICE OR USE OF GAME SOFTWARE. MOREOVER, IN NO CASE SHALL MetalMU AND ITS AFFILIATES LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO MetalMU FOR THE SERVICE IN THE YEAR IN WHICH LIABILITY ARISES. FURTHERMORE, IN NO CASE SHALL MetalMU AND ITS AFFILIATES BE LIABLE FOR ANY LOSS OF PROFITS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LI MITATION, THOSE RESULTING FROM DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSS) ARISING FROM THE USE OF YOUR ACCOUNT (WHETHER BY YOU OR OTHERWISE), GAME SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO THE USE OF YOUR ACCOUNT (WHETHER BY YOU OR OTHERWISE) , INCLUDING BUT NOT LIMITED TO DEFAMATION AND/OR CONTENT RELATED CLAIMS, OR MEMBERSHIP WITH METALMUNOMERCY.SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT METALMU AND ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MetalMU AND ITS AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. MetalMU AND ITS AFFILIATES DO NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Indemnity

You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses), relating to or arising under or out of the relationship between you and us described in these Terms, including any breach of the representations and warranties contained herein, or your violation or breach of any rights of or agreements, undertakings, representations or warranties with another in any way related to the Applications and/or Content. You hereby agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.

Governing Law

These Terms and the relationship between you and us shall be governed by the laws of international and national law . The competent court to hear any dispute arising out of or in connection with this agreement is determined in accordance with applicable law.

Regardless of any statute or law to the contrary, any claim or cause of action arising under or out of or related to your use of the Applications or these Terms must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.

Parental Control Information

Pursuant to 47 U.S.C. Section 230(d), we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

Miscellaneous

If any provision of these Terms of Service is held to be invalid or unenforceable, that provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms of Service will remain in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by MetalMU. The failure of party to assert any right under these Terms of Service shall not be considered a waiver of that party’s right will remain in full force and effect. In addition, these Terms of Service and the Privacy Statement, including MetalMU’s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. These Terms of Service and all related documents are written and shall be interpreted in the English language.

Contact

If you have any questions, complaints, or comments regarding these Terms of Service, or have other questions or suggestions about our Website, please contact us via e-mail at support@nomercy.mobi