TERMS AND CONDITIONS OF APP USE
Effective date: July 28, 2022
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. THE USE OF THE SERVICE WILL BE NULL IN THE PLACES WHERE IT IS PROHIBITED.
1. USE OF THE SERVICE
1.1 Your rights to use the Service
Subject to your acceptance and continued compliance with these Terms of Service and any other relevant Insanity Dev policies, as well as the limitations set forth below, you are granted a non-exclusive, non-transferable, non-transferable right to to grant sublicenses, revocable and limited, in order to access the Service and use it for your own entertainment and non-commercial purposes. You agree not to use the Service for any other purpose.
The following restrictions will apply to the use of the Service:
- You accept full responsibility for any unauthorized use of the Service by minors. You will be responsible for any use of your credit card or other payment instrument (such as Paypal) by minors.
- You will not buy, sell, rent or disclose your Account, create an Account or attempt any of the foregoing using false information or identity or acting on behalf of someone other than yourself; You will also not use the Service if you have previously been banned by Insanity Dev or if you have previously been banned from playing any Insanity Dev game.
- You will not use the Service to advertise, offer or transmit any type of advertising to anyone, including chain letters, spam emails or repetitive or misleading messages.
Login information and your Account
During the Account creation process you may be asked to select a password for your Account or you may also use other credentials to access the Account (“Login Information”). You will not share Account or Login Information, or allow any other person to access Your Account or do anything else that could harm the security of Your Account. In the event you become aware of or reasonably suspect a security breach, including but not limited to any loss, theft, or unauthorized disclosure of Login Information, you must notify Insanity Dev immediately. and modify your Login Information. You will be 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 will be responsible for everything that happens through Your Account.
Insanity Dev reserves the right to remove or reclaim any username at any time and for any reason, including, without limitation, if a third party alleges that a username violates their rights.
Restrictions of use
Any use of the Service in violation of these use restrictions is strictly prohibited, and such failure to do so may result in immediate revocation of your limited right and subsequent liability for violation of law.
You agree to refrain in any case from:
-Carry out any action that in the opinion of Insanity Dev conflicts with the spirit or purpose of the Service or make any inappropriate use of Insanity Dev support services.
-Use or participate (directly or indirectly) in the use of cheats, exploits, automation software, emulators, bots, hacks, mods, or any unauthorized third party software designed to modify or impair the Service, any Insanity Dev game or any Insanity Dev gaming experience.
-Modify or cause to be modified any file that is part of the Service or any Insanity Dev game without the express written consent of Insanity Dev.
-Disrupt, interfere with, or negatively affect the normal flow of the Service or otherwise act in a way that may negatively affect the experience of other users when using the Service or playing Insanity Dev games. This includes win trading and any other rank manipulation by taking advantage of bugs in the Service to gain an unfair advantage over other players and any other act that intentionally abuses or goes against the design of the Service.
-Interrupt, overload or assist or assist in the interruption or overload of any computer or server used to provide or offer the Service or any Insanity Dev gaming environment.
-Initiate, assist or participate in any type of attack, including, without limitation, the distribution of a virus, denial-of-service attacks with respect to the Service or other attempts to disrupt the Service or the use or enjoyment of the Service by any other person.
-Attempt to gain unauthorized access to the Service, to Accounts registered or used on behalf of others, or to computers, servers, or networks connected to the Service by any means other than through the user interface provided by Insanity Dev, including, but not limited to, circumvention or modify, attempt to circumvent or modify, encourage or aid any other person to circumvent or modify any security feature, technology, device or software that is part of the Service.
-Post any information that is insulting, threatening, obscene, defamatory, racially, sexually, or religiously offensive, or otherwise unacceptable, or engage in prolonged undesirable behavior such as repeatedly posting unsolicited information.
-Post any information that contains nudity, excessive violence or offensive topics or contains a link to content of this type.
-Harass, assault, harm or attempt to harm others, or advocate or incite the harassment, assault or harm of another person or group, including Insanity Dev employees and Insanity Dev customer service agents.
-Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right to privacy, right of publicity or any other right of any person or entity, or to impersonate any another person, including, but not limited to, an employee of Insanity Dev.
-Decompile, disassemble, decipher, reverse engineer or otherwise attempt to derive the source code of any underlying software or other intellectual property used to provide the Service or any Insanity Dev game, or obtain any information from the Service or any Insanity Dev game using any method not expressly permitted by Insanity Dev.
-Solicit or attempt to solicit login information or any other personal information from other users of the Service or any Insanity Dev game.
-Collect or publish any person's private information, including personally identifiable information (whether in the form of text, image or video), identification documents or financial information through the Service.
-Use any Insanity Dev game for betting, gambling or any similar activity in which prizes or rewards can be won (directly or indirectly), including betting on the results of games in which you participate as a player, regardless of whether they exist or no fees or stakes.
Insanity Dev reserves the right to determine what conduct it believes violates the rules of use or does not conform to the purpose or spirit of these Terms of Service or the Service itself. Insanity Dev reserves the right to take action accordingly, which may include termination of Your Account and prohibition from using the Service.
1.2 SUSPENSION AND TERMINATION OF THE ACCOUNT AND THE SERVICE
NOTWITHSTANDING OTHER LEGAL REMEDIES, INSANITY DEV MAY, WITH OR WITHOUT NOTICE, LIMIT, SUSPEND, TERMINATE, MODIFY OR ELIMINATE ACCOUNTS OR ACCESS TO THE SERVICE OR ANY PART THEREOF IF
i) YOU BREACH, OR INSANITY DEV SUSPECTS THAT YOU HAVE BREACHED, ANY OF THESE TERMS OF SERVICE
ii) BY REASON OF ANY ILLEGAL OR INAPPROPRIATE USE, ACTUAL OR ALLEGED, OF THE SERVICE. YOU MAY LOSE YOUR USERNAME AND CHARACTER ON THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ALL BENEFITS, PRIVILEGES, VIRTUAL ITEMS EARNED AND VIRTUAL ITEMS PURCHASED RELATED TO YOUR USE OF THE SERVICE, AND INSANITY DEV WILL HAVE NO OBLIGATION TO COMPENSATE YOU FOR THESE LOSSES OR CONSEQUENCESS.
NOTWITHSTANDING OTHER LEGAL ACTIONS WHICH MAY BE TAKEN BY US, 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 MEASURES TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT USERS ARE LIKELY TO POSE A RISK OR INCUR POTENTIAL LEGAL LIABILITY, INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR THROUGH THEIR ACTIONS CONTRAVENE THE CONTENT OR SPIRIT OF OUR TERMS OR POLICIES. ALSO, WHEN CIRCUMSTANCES ALLOW AND IN OUR SOLE DISCRETION, WE MAY SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO ARE REPEATED INFRINGERS OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.
INSANITY DEV RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Insanity Dev reserves the right to stop offering or providing the Service or a particular game or part of the Service at any time, in which case your right to use the Service or part thereof will automatically terminate. In this event, Insanity Dev will not be obligated to provide refunds, benefits, or any other compensation to users in connection with these discontinued Services. Termination of your Account may include disabling your access to the Service or any part of it, including any content you or others have submitted.
You may terminate Your Account at any time and for any reason by informing Insanity Dev that you wish to terminate your Account.
2.1 GAMES AND SERVICE
All rights in the Service are owned by Insanity Dev (including but not limited to all games, titles, computer code, themes, objects, characters, character names, stories, dialogue, slogans, designs, artwork, animations, sounds , musical compositions, audiovisual effects, methods of operation, moral rights, documentation, transcripts of in-game conversations, character profile information, recordings of games played using an Insanity Dev game client, as well as server and game software. Insanity Dev game clients). Insanity Dev reserves all rights, including without limitation all intellectual property rights or other proprietary rights in connection with its games and the Service.
WITHOUT LIMITING THE STATEMENT OF THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER RIGHTS IN THE ACCOUNT, AND FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL ALWAYS BE THE PROPERTY OF INSANITY DEV AND WILL ADD TO YOUR BENEFIT.
2.3 VIRTUAL CONTENT
Insanity Dev owns, licensees, or otherwise has the right to use all content appearing on the Service or in Insanity Dev games. Notwithstanding anything to the contrary, you agree that you have no right or title in and about any content appearing on the Service, including, without limitation, any items, content, features, products, services, or virtual currency appearing in or originating from any Insanity Dev game, whether earned in game or have been acquired from Insanity Dev, or any other attribute associated with an Account or stored on the Service.
3. USER CONTENT
3.1 SUBMISSION OF USER CONTENT
3.1.1 CONTENT FILTRATION
Insanity Dev assumes no responsibility for the behavior of any user in submitting any User Content and assumes no responsibility for monitoring inappropriate content or behavior on the Service. We cannot and therefore do not screen or monitor all User Content. Your use of the Service is therefore at your own risk. By using the Service you may be exposed to User Content that is offensive, indecent or does not meet your expectations. You assume all risk arising from the use of any User Content available in connection with the Service. At our discretion, our agents or our technology may monitor or record your interaction with the Service or communications (including, without limitation, text conversations) when you are using the Service.
By agreeing to these Terms of Service, you give your irrevocable consent to such monitoring and recording. You acknowledge and agree that there are no guarantees of privacy regarding the transmission of any User Content including, without limitation, text conversations or voice communications.
Insanity Dev reserves the right, in its sole discretion, to review, monitor, prohibit, edit, delete, disable access to any User Content (including without limitation your User Content) without notice for any or no reason in any moment. If at any time Insanity Dev decides, in its sole discretion, to monitor the Service, Insanity Dev assumes no responsibility for User Content and assumes no obligation to modify or remove any User Content found to be inappropriate. Insanity Dev may, in its sole discretion, edit, refuse to post, or remove any User Content.
3.2 USE OF INFORMATION BY OTHER MEMBERS OF THE SERVICE
3.2.1 PUBLIC DIALOGUE
The Service may include various forums, blogs and chat mechanisms where you can post User Content, including your observations and comments on specific topics. Insanity Dev cannot guarantee that other members will not use the ideas and information you share. Therefore, if you want your idea or information to remain confidential or you do not want others to use it, do not post it on the Service. Insanity Dev will not be liable to you for valuing, using, or compensating you for any ideas or information you choose to submit.
3.2.2 RESPONSIBLE FOR YOUR OWN CONTENT
You are solely responsible for the information you post on, through, or in connection with the Service and provide to third parties. Insanity Dev may reject, refuse to post, or remove any User Content for any or no reason, including, without limitation, User Content that in Insanity Dev's sole opinion violates these Terms of Service.
3.2.3 YOUR LICENSE TO INSANITY DEV
You hereby grant Insanity Dev an irrevocable, perpetual, transferable, fully paid, royalty-free, worldwide license (including the right to sublicense and assign to a third party) and the right to copy, reproduce , arrange, adapt, modify, create derivative works, manufacture, market, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform or provide access electronically, retransmit, communicate to the public by of telecommunications, display, represent, enter in a computer memory and use and employ, in any way, your User Content, as well as all works modified and derived from it in connection with our provision of the Service, including marketing and promotions of the Service . You also hereby grant Insanity Dev the right to authorize others to exercise any of the rights granted to Insanity Dev under these Terms of Service. Furthermore, you hereby grant Insanity Dev the unconditional and irrevocable right to use and exploit your first and last name, likeness and any other information or material contained in any User Content and in connection with any User Content, without having no obligation to you. Except where prohibited by applicable law, you waive any rights of attribution or moral rights you may have in your User Content, regardless of whether the User Content has been modified or changed in any way Insanity Dev does not claim any right of ownership of your User Content and nothing in these Terms of Service is intended to restrict any rights you may have to use and exploit your User Content Insanity Dev has no obligation to monitor or enforce your intellectual property rights in or about your User Content.
3.3 USER INTERACTIONS
You are solely responsible for your interactions with other users of the Service and any other party with whom you interact through the Service or Insanity Dev games. Insanity Dev reserves the right, but has no obligation, to participate in any any way in these conflicts. You will fully cooperate with Insanity Dev in the investigation of any suspected illegal, fraudulent, or improper activity, including, but not limited to, granting Insanity Dev access to any password-protected portion of Your Account.
If you have a dispute with one or more users, you will hold us (and our officers, directors, agents, affiliates, joint ventures, and employees) harmless from claims, demands, and damages (actual and consequential) of any kind, known or unknown. , arising from these conflicts or related in any way to them.
4. RATES AND CONDITIONS OF PURCHASE
You may purchase on the Service with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable right to use
a) virtual currency, including but not limited to virtual money or bullion, all for use in Insanity Dev games;
b) virtual in-game items, content or features;
c) other products or services (items a – c are collectively referred to as "Virtual Items").
You may only obtain a license to use Virtual Items through us or our partners authorized by the Service, and not through any other means. Insanity Dev may manage, regulate, control, modify or remove Virtual Items at any time, with or without notice. Insanity Dev shall be exempt from liability to you and any third party should Insanity Dev choose to exercise these rights.
Transfer of Virtual Items is prohibited except as expressly authorized in the Service. Except as expressly authorized in the Service, you may not sell, buy, redeem or otherwise transfer Virtual Items to any person or entity or attempt any of the foregoing, including, without limitation, Insanity Dev , to another user or to any third party.
ALL PURCHASES AND REDEMPTIONS OF THIRD-PARTY VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
Providing Virtual Items for use in Insanity Dev games is a service provided by Insanity Dev immediately upon Insanity Dev accepting your purchase.
4.2 PAYMENT OF FEES
You agree to pay all applicable fees and taxes incurred by you (or anyone using an Account registered in your name). Insanity Dev may revise the prices of Virtual Items offered through the Service at any time. YOU AGREE THAT INSANITY DEV IS NOT OBLIGATED TO MAKE REFUNDS FOR ANY REASON AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER THE CLOSURE IS VOLUNTARY OR INVOLUNTARY.
5. SERVICE UPDATES
You understand that the Service is evolutionary Insanity Dev may require you to accept updates to the Service and to Insanity Dev games installed on your device or computer. You acknowledge and agree that Insanity Dev may update the Service and Insanity Dev games, with or without notice. You may need to update third party software from time to time to receive the Service and play Insanity Dev games.
6. EXCLUSION OF WARRANTIES
WITHOUT LIMITING INSANITY DEV'S LIABILITY PURSUANT TO CLAUSE 7 BELOW, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED FOR YOUR USE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. , INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM TRANSACTIONS OR USUAL TRADE. INSANITY DEV DOES NOT WARRANT THAT YOU WILL BE ABLE TO USE OR ACCESS THE SERVICE AT TIMES OR LOCATIONS YOU CHOOSE, 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
INSANITY DEV SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SECONDARY, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST REVENUE, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION OR OTHERWISE. INTANGIBLE LOSSES (HOW QUALIFIED), ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT, OR ANY ANOTHER LEGAL THEORY, AND WHETHER OR NOT INSANITY DEV HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. INSANITY DEV WILL ONLY BE LIABLE TO YOU FOR THE AMOUNT YOU PAID INSANITY DEV PURSUANT TO THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE YOU FIRST FILE A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID INSANITY DEV ANYTHING DURING THIS TIME PERIOD, YOUR SOLE REMEDY (AND INSANITY DEV'S SOLE LIABILITY) FOR ANY DISPUTE WITH INSANITY DEV SHALL BE TO STOP USING THE SERVICE AND CANCEL YOUR ACCOUNT.
IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR LIMIT ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM ANY NEGLIGENCE OR FRAUD OF INSANITY DEV.
You agree to indemnify, defend and hold harmless Insanity Dev (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third party. as a result of your use of the Service, or any breach by you of these Terms of Service, although the foregoing will not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
8. CONFLICT RESOLUTION
8.1 INFORMAL CONFLICT RESOLUTION
You must attempt to informally resolve any dispute directly with Insanity Dev at least thirty (30) days before initiating arbitration. The informal dispute resolution process begins when you notify Insanity Dev of the dispute in writing at the following address: SUPPORT@INSANITYDEV.COM.
8.2 ARBITRATION AGREEMENT
You and Insanity Dev agree to resolve any dispute exclusively by arbitration, the award of which shall be final and binding, as described below:
Both you and Insanity Dev may choose to submit any dispute for resolution exclusively by final and binding arbitration, unless the claim falls within the exceptions below. If you or Insanity Dev have brought a claim in court that can be resolved by arbitration under this clause, either party may apply to the court to order the parties to resolve the claim by arbitration. The arbitrator will have the sole authority to decide whether any part of Section 8 ("Dispute Resolution") is valid, enforceable, or applies to a claim.
The arbitration procedure will take place before a neutral arbitrator. That means that you and Insanity Dev agree to waive the right to resolve the dispute in a trial before a judge or jury. Arbitration has different rules than more formal litigation. For example, the ability to compel the other party to share information may be more limited than the discovery process in formal litigation. After the arbitrator gives notice of the conclusion, the arbitral award will be final. You or Insanity Dev may request the arbitrator to put the award or award in writing. Either of us may ask a court to confirm or enter the arbitrator's final judgment or award, which will amount to a court award. Generally, you and Insanity Dev will not be able to change the conclusion of the arbitration through the courts except in very limited circumstances.
8.3 ARBITRATION PROCESS
The arbitration will be handled by the American Arbitration Association ("AAA"). The AAA's rules and procedures will be used for the arbitration, including the Consumer Arbitration Rules. In the event of a conflict between these Terms of Service and the AAA's rules and procedures, these Terms of Service shall control. To review the AAA's rules or to start an arbitration, visit the AAA's website. If either of us decides to initiate arbitration, we agree to provide the other party with a written demand for arbitration as specified in the AAA Rules. Arbitration fees will be determined by the AAA's Consumer Arbitration Rules. If the arbitrator decides that those fees are excessive, Insanity Dev will pay the fees. Each party will pay its own attorneys' fees and expenses, unless the claims allow the prevailing party to recover attorneys' fees and expenses, in which case the arbitrator may award them under applicable law. If either party unsuccessfully contests the validity of the arbitrator's judgment 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 ARBITRATION AGREEMENT EXCEPTIONS
You and Insanity Dev agree that Section 8.2 of the Arbitration agreement will not apply to the following disputes:
-Claims about Insanity Dev's intellectual property, such as claims to enforce, protect, or regarding the validity of copyrights, trademarks, trade dress, domain names, patents, trade secrets, or other proprietary rights intellectual of Insanity Dev.
- Lawsuits related to hacking or criminal interference.
-Claims that are not legally subject to an arbitration agreement and are not voided by federal law that would allow an arbitration agreement.
-Demands in court of instances.
Any dispute not subject to arbitration under these exceptions will be resolved by a court of competent jurisdiction as described in Section 10 ("Jurisdiction for Resolution of Disputes Not Subject to Arbitration").
8.5 PROHIBITION OF CLASS ACTIONS
You and Insanity Dev agree that we can only bring claims against each other on an individual basis. That will mean that:
-You cannot sue Insanity Dev as a plaintiff or member of a class, consolidated, or representative lawsuit.
-The arbitrator may not combine any other person's claims with yours in a single case or preside over any class, consolidated, or representative arbitration proceeding.
-The ruling or award of the arbitrator in your case will not apply to anyone else and cannot be used to resolve disputes of other people.
If this clause (Section 8.5 "No Class Actions") is held invalid or unenforceable, Section 8, including Sections 8.1 through 8.6, shall be invalid in its entirety.
8.6 EXCLUSION FROM SUBMITTING TO THE ARBITRATION AGREEMENT AND CLASS ACTIONS
You may opt out of the arbitration agreement and class action ban provisions above (Sections 8.1 through 8.5) by sending written notice of your decision to opt out to SUPPORT@INSANITYDEV.COM, indicating the subject line "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT". To do so, you must provide such notice to us within thirty (30) days of your first use of the Service or the availability of this opt-out, whichever is later. If you do not notify us within that time, you will be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you wish to opt out of these arbitration provisions, Insanity Dev will also not be bound by them.
9. APPLICABLE LEGISLATION
If you are a resident of the US or Canada:
1) the US Federal Arbitration Act (including procedural provisions) governs the interpretation and enforcement of the arbitration agreement and class action prohibition provisions of Section 8;
10. JURISDICTION FOR THE RESOLUTION OF DISPUTES NOT SUBJECT TO ARBITRATION
If you are a resident of the US or Canada, you agree that any claim or dispute you may have against Insanity Dev that is not subject to arbitration as provided in Section 8 must be resolved exclusively by a federal or state court located in San francisco California. You and Insanity Dev consent to personal jurisdiction and venue in the courts of San Francisco, California for all claims or disputes.
If you reside outside of the US or Canada, you agree that any claim or dispute you may have against Insanity Dev must be resolved exclusively by a court located in Alicante, Spain.
12. GENERAL DISPOSITION
12.2 COMPLEMENTARY POLICIES
Insanity Dev may post additional policies in connection with specific services such as forums, contests, or loyalty programs. Your right to use these services will be subject to these specific policies and these Terms of Service.
12.3 ENTIRE AGREEMENT
12.4 NO WAIVER
Except as expressly and specifically set forth in these Terms of Service, no representation, statement, consent, waiver, or any action or omission by Insanity Dev shall be deemed a modification of these Terms of Service or legally binding, unless documented by written and signed by you and a duly appointed officer of Insanity Dev.
12.6 PRECAUTIONARY MEASURES
You acknowledge that the rights granted and the obligations assumed under these Terms of Service to and with Insanity Dev are unique and irreplaceable, the loss of which will irreparably harm Insanity Dev and may not be remedied by monetary damages alone, therefore that Insanity Dev shall have the right to obtain injunctive or other such remedies (without obligation to post any bond or security or provide proof of damages) in the event of any breach or anticipated breach by you. To the fullest extent permitted by applicable law, you irrevocably waive all rights to obtain injunctive or other such remedies, or to prohibit or restrict the operation of the Service or any Insanity Dev game, the exploitation of any advertisement or other materials issued in connection therewith or the operation of the Service, as well as any content or other material used or displayed through the Service, and you agree to limit your claims to claims for monetary damages, subject to the limitations set forth in Section 7 (if this is the case).
12.7 FORCE MAJEURE
Insanity Dev shall not be liable for any delay or failure to perform as a result of causes beyond Insanity Dev's reasonable control including, but not limited to, any failure hereunder due to unforeseen circumstances or circumstances beyond Insanity Dev's control, such as acts of God, war, terrorism , embargoes, actions of civil or military authorities, fires, floods, accidents, strikes, or lack of transportation facilities, fuel, power, labor or materials.