Last Updated: May 5, 2025

These terms of use and our Privacy Policy which is incorporated herein by reference (collectively, “Terms of Use”) govern the relationship between you and Square Jaw, Inc. or any of its parents, subsidiaries, and affiliates (collectively, “Square Jaw” or “we” or “us” or “our”) relating in any way to your use of our mobile game known as “Cubee” (“Cubee”), including its chat and communications features, our website, and all other content and related services (including online services) that we make available through Apple and Google or on our websites, including but not limited to https://www.squarejawgames.com (collectively, the “Game”).

SECTION 13 OF THESE TERMS OF USE CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL.

Table of Contents

  • Your Acceptance of these Terms of Use

  • Limited License and Eligibility

  • Modification of Terms of Use

  • No Transfer of In-Game Items

  • Intellectual Property Rights in the Game

  • Code of Conduct

  • Privacy Policy

  • In-Game Items; Payments; Ownership

  • Merchandise

  • Termination and Suspension

  • Disclaimer; Limitation of Liability

  • Indemnity

  • Agreement to Arbitrate; Class Action Waiver

  • Applicable Law

  • Third Party Promotions and Links

  • Ownership; Trademarks and Copyrights

  • Digital Millennium Copyright Act (“DMCA”) Notice

  • Electronic Signatures

  • Notice to California Users

  • Miscellaneous

  • Contact Information

Your Acceptance of these Terms of Use.

These Terms of Use form a legal agreement between you and Square Jaw. When you use the Game, you agree to be bound by all of the terms, conditions and restrictions in these Terms of Use. Please read them carefully.

You acknowledge that you have downloaded the Game for free, and while there is additional content available for purchase within the Game (“In-App Purchases”), such In-App Purchases are entirely voluntary and not required to participate in or advance within the Game.

Limited License and Eligibility.

Limited License Grant

Subject to your agreement and continuing compliance with these Terms of Use and Square Jaw’s policies, Square Jaw grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Game for your own non-commercial entertainment purposes. You agree not to use the Game for any other purpose.

Eligibility

There are limitations on who may use the Game. You may not use the Game if you are under 13 years of age. If we learn that a user under 13 years of age is using the Game despite this restriction, we will immediately revoke your access and delete all personal information we have related to this user.

You also may not use the Game if: (i) you cannot enter into a binding contract with us and your legal guardian has not agreed to these Terms of Use on your behalf; (ii) you do not agree to these Terms of Use; or (iii) we have previously banned you from using the Game.

The Game is available for download from mobile application platform providers like Google, Apple, or Amazon, each of which may require you to maintain an account with them in order to access and use the Game. The Game is not endorsed by any third-party. If you create an account with any third-party mobile application platform, you are subject to any terms and conditions imposed by that mobile application platform and you understand that any obligations imposed by such mobile application platform are in addition to your obligations under these Terms of Use.

Modification of Terms of Use.

We reserve the right to modify these Terms of Use from time to time by posting updated versions in the Game or otherwise notifying you of changes through the Game. Unless we state otherwise, changes are effective when we post or notify you of them or thirty (30) days after they are posted in the Game, whichever is earlier. By continuing to use the Game thereafter, you agree to the changes and the updated Terms of Use. We will not enforce future material changes without your express agreement to them. Without limitation to the foregoing, this provision does not apply in New Jersey.

No Transfer of In-Game Items.

You specifically agree not to: (1) sell, offer to sell, rent, lease, trade or otherwise transfer any virtual currency, game resources, in-game services, or other in-game items associated with your account (collectively, “In-Game Items”), except by using mechanisms within the Game that anticipate and specifically allow for the non-commercial transfer of In-Game Items, (2) link to or otherwise endorse or identify any websites, organizations, or persons that sell, offer to sell, rent, lease, buy, offer to buy, accept, access, trade or otherwise transfer In-Game Items, and (3) create or permit to exist an interest or arrangement of any kind, which in substance secures the payment of money or performance of any obligation or gives a creditor priority over unsecured creditors, over any of your rights with respect to the Game or In-Game Items.

You acknowledge that any purported transfers of In-Game Items in violation of this Section, including but not limited to transfers in exchange for money or other compensation, are void and breach these Terms of Use, and that we have no responsibility to assist you in connection with completing any such transaction. We may terminate or suspend your right to access or use the Game if we discover or reasonably believe that you have attempted to buy, sell, rent, lease, license In-Game Items or linked to or otherwise endorsed or identified any websites, organizations, or persons that attempt to buy, sell, rent, lease, license, or transfer In-Game Items in violation of this Section.

Intellectual Property Rights in the Game.

Except for the limited license granted herein, we and our licensors retain all right, title and interest in and to the Game, including all content made available through the Game and the technology and software used to provide the Game. The Game is protected by copyright, trademark and other laws. If you violate these Terms of Use, you may be breaking the law, including by violating our intellectual property rights. We and our licensors may actively protect our intellectual property rights in the event you violate these Terms of Use (including by seeking injunctive relief). In addition, you agree not to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

If you provide us with any suggestions for enhancement or feedback regarding the Game or any of our other products or services, you agree that we will have a perpetual, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use such suggestions and feedback, including by incorporating your suggestions or feedback in the Game, without any obligation to compensate you. To the extent permitted by applicable law, you waive any moral rights you may have in such suggestions and feedback (such as the right to be identified as the author).

Code of Conduct.

You agree to comply with the following requirements (our “Code of Conduct”) when you use the Game:

  • You will comply with your obligations to third-party mobile platform providers from whom you download the Game, including any terms regarding payment for In-App Purchases made through such platforms.

  • You will not attempt to obtain, collect or harvest personal information from other users.

  • You will not exploit, distribute or publicly inform other users of any Game error, miscue or bug which provides for an unintended advantage or allows impersonation of another person, including by use of automated collection mechanisms such as clear graphics interchange formats (“gifs”), cookies, or similar technology.

  • You will not exploit differences in pricing for In-App Purchases or In-Game Items (e.g., through arbitrage) by sending altered, deceptive, or false source-identifying information, including but not limited to, by use of a proxy or spoofed IP addresses or VPNs, or by requesting that someone else make In-App Purchases or purchase In-Game Items on your behalf in order to take advantage of a difference in pricing.

  • You will not use the Game for any unauthorized commercial purpose, including but not limited to commercial advertisement or solicitation (such as chain letters, junk e-mail, “spam,” or other repetitive messages), or gathering or transferring In-Game Items for sale.

  • You will only use the Game on your own behalf. You shall not use the Game or perform In-Game services for payment.

  • You will not use or design cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with the Game experience.

  • You will not remove or obscure any proprietary notices within the Game.

  • You will not disrupt or attempt to disrupt the Game or any other person’s use or enjoyment of the Game.

  • You will not attempt to gain unauthorized access to the Game or to networks from which portions of the Game are provided, including by circumventing or bypassing robot exclusion headers or security mechanisms for the Game.

  • You will not use any service or software that accesses, intercepts, “mines,” or otherwise collects information from the Game or that is in transit from or to the Game.

  • You will not make any automated use of the Game or take any action that imposes an unreasonable burden on our infrastructure.

  • You will not use any software, technology, or device to send content or messages, scrape, spider, or crawl the Game, or harvest or manipulate data from the Game.

  • You will not override any security feature or restrictions on use of the Game that we may implement.

  • You will not improperly use our support services, including by submitting false reports.

  • Except where permitted by law or relevant open source licenses, you will not modify, reverse engineer, decompile, disassemble, decipher or otherwise try to derive the source code for the Game.

  • Except where permitted by law, you will not copy, modify or distribute content from the Game except as specifically authorized by us.

Failure to comply with this Code of Conduct may result in revocation of your ability to use the Game and/or subject you to any of the penalties identified in Section 10.

Privacy Policy.

Our Privacy Policy sets out detailed information regarding our collection, use and sharing of information from and about you. When you download or use the Game, you acknowledge and accept that the Privacy Policy applies to you. You should carefully review the Privacy Policy and, if you do not agree with it, you should not use the Game.

In-Game Items; Payments; Ownership.

You may use real money to purchase a license to use certain In-Game Items. Purchased In-Game Items are subject to the payment terms and conditions of the third-party mobile platform (e.g., Apple’s iOS, Google’s Android OS, and Amazon’s Fire OS) from which you make your purchase. Square Jaw does not control or manage the payment process; please review the relevant terms and conditions with the applicable platform provider before making any In-App Purchases. When you purchase a license to use In-Game Items, you agree that we may begin to supply you with your purchased In-Game Items immediately.

You agree that you have no ownership interest in any In-Game Items associated with your account, regardless of how those In-Game Items were acquired. You agree that In-Game Items are for personal non-commercial entertainment purposes, have no independent value outside of the Game, may not be redeemed for any cash value, and is simply a measurement of your limited license.

ALL SALES ARE FINAL. YOU ACKNOWLEDGE THAT NEITHER WE NOR ANY MOBILE PLATFORM PROVIDER IS REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED IN-GAME ITEMS SHOULD YOU LOSE ACCESS TO YOUR GAME, FOR ANY REASON AND WHETHER SUCH LOSS WAS VOLUNTARY OR INVOLUNTARY, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW. IN THE EVENT THAT YOU DO NOT RECEIVE AN IN-GAME ITEM THAT YOU PROPERLY PURCHASED THROUGH A THIRD-PARTY PLATFORM PROVIDER, YOU MAY REQUEST A REFUND DIRECTLY FROM THAT PLATFORM PROVIDER SUBJECT TO THEIR REFUND POLICY.

Merchandise

We may offer merchandise for sale through the Game. While we make every effort to ensure that items appearing for sale are available, we cannot guarantee that all items are in in-stock.

By clicking the “Confirm Your Order”, you (a) acknowledge that (i) your order will be bound by these Terms, (ii) we are authorized to charge you for your order and (b) represent that (i) you have legal capacity to enter into a contract with us or have obtained the consent from your legal guardian to enter into such contract, (ii) you provided true and accurate information during the ordering process, (especially, you will not use VPNs or other methods to manipulate your true location), and (iii) you consent to: (a) the use of electronic communications in order to enter into contracts and place orders with us; and (b) the electronic delivery of notices, policies and records of transactions initiated or completed by you online. You should only click the “Confirm Your Order” button if you do in fact agree with those statements. As applicable, we reserve the right to ask you for more information to confirm that your order has been authorized by your legal guardian. You have the right to withdraw your consent to electronic contracting and to electronic delivery, but if you do, we may cancel your order.

Once you have clicked the “Confirm Your Order” button, your order will be transmitted to us. Your order is an offer to buy from us the product(s) in your order. Once your payment has been processed, you will receive a confirmation and the corresponding product(s) will be delivered to you. An order submitted by you only constitutes an offer by you to us to purchase the product(s) pursuant to these Terms at the price and on the terms stated in the order, and is subject to our acceptance.

We offer various payment methods managed by third-party payment and billing providers for which additional terms and costs may apply. Please review such additional terms and costs carefully. You may also be required to create an account with such third-party provider. We may, at our sole discretion and without further notice, determine and change the availability of certain payment solutions, from time to time without any liability to you. We may share with our technical partners certain of your personal and purchase information, in accordance with the Privacy Policy. We reserve the right to suspend and/or revoke your Account and/or to restrict you from placing orders and/or to restrict you from using certain payment methods, if we reasonably suspect that you have undertaken (or are attempting/have attempted to undertake) a fraudulent transaction.

Subject to any rights you have under applicable law that cannot be excluded or limited by these Terms, we shall not be liable and you shall not be entitled to reject our products, except for: (a) damage to or loss of our products or any part thereof in transit (where our products are carried by our own transport or by a carrier on our behalf) for which you notify us in writing of such damage or loss within five (5) business days of your receipt of the products (if damaged) or five (5) business days of the anticipated delivery date of the products (if lost); and (b) defects (not being defects caused by any act, neglect or default on your part) for which you notify us of such defect within thirty (30) days of your receipt of the products.

If you refuse or fail to take delivery of the product(s), any risk of loss or damages to the product(s) shall still pass to you and without prejudice to any rights and remedies that we may have.

Termination and Suspension.

You may terminate your game at any time, for any reason or no reason, by issuing an in-game message or by sending an email to support@squarejawgames.com with the subject entitled “Termination.”

We reserve the right to suspend or discontinue the Game or any part of it at any time, including any features, game elements and In-Game Items and revoke any and all licenses provided to you under these Terms of Use. If that happens, we are not required to provide refunds, benefits or other compensation to you for discontinued elements of the Game or for any In-Game Items previously earned or purchased, and you will have no further right to access your account or use the Game. WE MAY, IN OUR SOLE DISCRETION, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCESS TO THE GAME OR ANY PORTION OF IT, AND PROHIBIT ACCESS TO THE GAME AND THE CONTENT, SERVICES AND TOOLS AVAILABLE THROUGH THE GAME, OR DELAY OR REMOVE CONTENT, AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR RESULTS.

Upon termination of your access to the Game for any reason, you agree to no longer access (or attempt to access) the Game. If your account is terminated, certain provisions of this Agreement will apply after such termination, including Section 13’s mandatory arbitration provision and class action waiver.

Disclaimer; Limitation of Liability.

THE GAME AND ANY PRODUCT(S) ARE PROVIDED “AS IS,” AND USE OF THE GAME AND/OR PRODUCT(S) IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE GAME OR ANY CONTENT OR SERVICES OR PRODUCTS MADE AVAILABLE OR SOLD THROUGH THE GAME, AND WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AVAILABILITY. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE GAME AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR OUR SERVICE OR PRODUCT(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

REFERENCE TO, OR DEPICTION OF, ANY ITEM IN THIS GAME DOES NOT INDICATE AFFILIATION, SPONSORSHIP, OR ENDORSEMENT BY ANY MANUFACTURER. ALL TRADEMARKS RELATING TO ANY ITEM IN THIS GAME ARE THE EXCLUSIVE PROPERTY OF THEIR RESPECTIVE OWNERS.

YOU ACKNOWLEDGE THAT, EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, WE WILL NOT BE LIABLE TO YOU FOR: (1) ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (2) AN AMOUNT IN EXCESS OF $100 OR THE AMOUNTS YOU HAVE PAID US FOR THE GAME DURING THE 6 MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO LIABILITY, WHICHEVER IS GREATER; (3) AN AMOUNT IN EXCESS OF THE PURCHASE PRICE ACTUALLY PAID BY YOU FOR ANY PRODUCT(S); OR (4) THE CONDUCT OF THIRD PARTIES, INCLUDING THIRD PARTY SITES OR MOBILE PLATFORM PROVIDERS OR OTHER PLAYERS OF THE GAME. Certain state and national laws, including the state law of New Jersey, do not allow some of the exclusion of liability or the warranty disclaimers set forth above. Therefore, the above limitations and disclaimers may not apply to you, and you may have additional rights. Nothing in these Terms of Use shall exclude or limit our liability for (i) fraud; or (ii) death or personal injury caused by our negligence.

Where our liability cannot be limited or excluded by applicable law, our liability to you is limited, to the extent permitted by applicable law, to:

  • in the case of goods supplied to you, the replacement of the goods or the supply of equivalent goods (or the payment of the cost to you of the replacement or supply), or the repair of the goods (or the payment of the cost to you of the repair); and

  • in the case of services supplied to you, the supply of the services again or the payment of the cost to you of having the services supplied again,

and you agree it is fair and reasonable, in all the circumstances, for our liability to be limited in this way.

Indemnity.

If you misuse the Game, violate the law, or violate these Terms of Use, and your violation results in loss or damage or a claim or liability against us, you agree to indemnify, defend and hold us harmless from (which means you agree to compensate us for) that loss, damage, claim or liability, including our legal fees and expenses. We may take exclusive charge of the defense of any legal action for which you are required to indemnify us under this section, at your expense. You agree to cooperate in our defense of these actions. We will use reasonable efforts to notify you of any claim for which you are obligated to indemnify us. This section will apply even if you stop using the Game or your account is deleted. This Indemnification Provision does not apply in New Jersey.

Agreement to Arbitrate; Class Action Waiver.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND INCLUDES WAIVER OF A TRIAL BY JURY IN A COURT AND OF THE ABILITY TO BRING ANY CLAIM ON BEHALF OF OTHERS.

Overview

This Section 13 (i.e., the “Agreement to Arbitrate”) applies to the maximum extent permitted by applicable law. If the laws of your jurisdiction prohibit the application of provisions of this Section 13 notwithstanding Section 14 below, those prohibited provisions will not apply to you.

In the event of any controversy or claim arising out of or relating to these Terms, including any question regarding its existence, validity, termination or breach thereof, or your use of the Game or any related services, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. Most user concerns can be resolved by contacting our customer support team at support@squarejawgames.com. In the unlikely event that we are unable to resolve your concerns and a dispute remains, this Section explains how you and we agree to resolve it. As explained in more detail below, we each agree to resolve any dispute between us through binding arbitration or small claims court instead of in courts of general jurisdiction.

Agreement to Arbitrate; Exceptions

If we cannot resolve our dispute through customer support, YOU AND WE AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION, INCLUDING CLAIMS CONCERNING ANY ASPECT OF THE RELATIONSHIP BETWEEN US, YOUR DECISION TO DOWNLOAD THE GAME, YOUR USE OF THE GAME, ANY USER CONTENT, OR YOUR ACCOUNT. This Agreement to Arbitrate is intended to be interpreted broadly, and applies to all legal claims under any legal theory (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory), and applies to any disputes or claims that you assert or that arise even after you stop using or delete your account for the Game, stop using the Game, or delete the Game application from your mobile device. This Agreement to Arbitrate also applies to any claims that are currently the subject of a purported class action litigation in which you are not a member of a certified class. You and we agree that the arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of the terms or formation of this contract, including whether any dispute between us is subject to this Agreement to Arbitrate (i.e., the arbitrator will decide the arbitrability of any dispute) and whether all or any part of these terms are void or voidable.

An arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND WE ARE GIVING UP THE RIGHT TO SUE IN COURT AND THE RIGHT TO HAVE A TRIAL BEFORE A JUDGE OR JURY.

This Section 13, however, does not apply to the following types of claims or disputes, which you or we may bring in court in accordance with Section 14 below:

  • claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; and

  • claims for preliminary injunctive relief for violations of sections 4 and 6 herein.

This Section does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you. Also, any of us can bring a claim in small claims court either in Travis County, Texas or the county where you live, or some other place we both agree on, if such claims meets all the requirements to be brought in that court.

The Federal Arbitration Act applies to this Section 13. The arbitration will be governed by the Consumer Arbitration Rules (the “Rules”) of the American Arbitration Association (“AAA”) (including Rule 1(g) of those Rules that provides for arbitration through the submission of documents only/desk arbitration where no disclosed claims or counterclaims exceed $25,000), as modified by these Terms of Use. The Rules are available at http://www.adr.org. The arbitrator will be bound by these Terms of Use.

To start an arbitration proceeding, use the form on AAA’s website (www.adr.org) or call the AAA at 1-800-778-7879.

Any arbitration under this section that is required to take place in person will take place pursuant to the Rules, which provide that face-to-face proceedings be conducted at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances.

If your claim is for US$25,000 or less, we agree to reimburse your filing fee promptly upon being notified of the filing, or pay it for you if you are unable to pay it and we receive a written request from you. Also, if your claim is for US$25,000 or less, we agree to reimburse your share of the arbitration costs, including your share of arbitrator fees, at the conclusion of the proceeding, unless the arbitrator determines your claims are frivolous or your costs are unreasonable as determined by the arbitrator. If you seek more than US$25,000, the arbitration costs, including arbitrator compensation, will be split between you and us according to the Rules. Irrespective of the amount you seek, neither party shall be entitled to have their attorneys’ fees or costs paid by the other party, provided, however, that either party may seek to recover their attorneys’ fees and costs in arbitration if the arbitrator determines that the other party’s claims (or counterclaims) are frivolous or the other party’s costs are unreasonable.

For non-US Users

In the event of any controversy or claim arising out of or relating to these Terms, including any question regarding its existence, validity, termination or breach thereof, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. If they do not reach settlement within a period of 60 days, then, upon notice by any party to the other(s), any unresolved controversy or claim shall be settled by arbitration administered by the International Centre for Dispute Resolution (“ICDR”) (www.icdr.org) in accordance with the provisions of its International Arbitration Rules. The place of arbitration shall be in London, England. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of Square Jaw. The European Union also operates an online dispute resolution platform which can be found at www.ec.europa.eu/consumers/odr.

Class Action Waiver

For disputes arising between Square Jaw and you, or any other user, that are subject to this Agreement to Arbitrate, you and we agree that we can only bring a claim against each other on an individual basis. NEITHER YOU NOR WE CAN BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. THE ARBITRATOR CANNOT COMBINE MORE THAN ONE PERSON’S CLAIM INTO A SINGLE CASE, AND CANNOT PRESIDE OVER ANY CONSOLIDATED, CLASS, OR REPRESENTATIVE ARBITRATION PROCEEDING, UNLESS WE BOTH AGREE OTHERWISE IN WRITING. THE ARBITRATOR’S DECISION OR AWARD IN ONE PERSON’S CASE CAN ONLY AFFECT THE PERSON WHO BROUGHT THE CLAIM, NOT OTHER USERS OF THE GAME, AND CANNOT BE USED TO DECIDE DISPUTES WITH OTHERS.

If a court decides that this “Class Action Waiver” subsection is not enforceable or is invalid, then Section 13 shall cease to have effect, however, the remaining portions of the Terms and Conditions will remain in full force and effect.

YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.

Service of Process

To initiate arbitration or any legal proceeding against Square Jaw, you must serve initiating documents on Square Jaw’s registered agent for service of process at: 605 Swanson Cove Austin, TX 78748.

Changes to this Section 13

Notwithstanding any provision in these Terms to the contrary, we agree that if we make any future change to this Section 13, you may reject any such change by sending us written notice within 30 days of the change to: support@squarejawgames.com.

Applicable Law.

You agree that these Terms of Use shall be deemed to have been made and executed in the State of Texas, U.S.A. and that any dispute arising under the Terms of Use, as well as any other dispute or claim that may arise between you and us, shall be governed by and resolved in accordance with the laws of the State of Texas, without regard to conflict of law provisions or principals.

For claims not required to be arbitrated under Section 13, or in the event the arbitration provision in Section 13 is deemed unenforceable or voided, you agree that any claim asserted in any legal proceeding by you against us shall be commenced and maintained exclusively in any state or federal court located in Travis County, Texas having subject matter jurisdiction with respect to the dispute between the parties and you hereby consent to the exclusive jurisdiction of such courts. In any dispute arising between us, the prevailing party will be entitled to their reasonable attorneys’ fees and expenses.

Third Party Promotions and Links.

The Game may contain advertisements and other promotional content from third parties, including links to third party websites or vendors (collectively “Third Party Promotions”), some of which may invite you to participate in promotional offers in return for receiving optional services and/or In-Game Items. Some of these Third Party Promotions may charge separate fees, which are not included in any fees that you may pay to us. Any separate charges or obligations you incur in your dealings with such third parties are your responsibility. We make no representation or warranty regarding any content, goods and/or services contained in such Third Party Promotions and will not be liable for any claim relating thereto. We exercise no control over Third Party Promotions, and Square Jaw has no responsibility for their content, goods, services, performance, operation, availability, business practices or policies. We are providing these Third Party Promotions to you only as a convenience, and we do not imply any endorsement or recommendation of their content, goods, or services. If you decide to access any of these Third Party Promotions, you do so entirely at your own risk. Third Party Promotions including third party websites are subject to their own terms and policies, including privacy and data gathering practices.

Ownership; Trademarks and Copyrights.

All rights, title and interest in and to the Game (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, and recordings of games) are owned by Square Jaw and its licensors. Square Jaw reserves all rights, including without limitation all intellectual property rights or other proprietary rights in connection with the Game.

The trademarks “Cubee,” “Square Jaw,” and logos associated with each of the foregoing, are trademarks of Square Jaw, and all trademarks, logos and service marks (collectively, “Marks”) displayed on or in the Game are either our property or the property of third parties. Similarly, all artwork and other protectable expression in the Game are either our property or the property of third parties and protected by Copyright law. Marks, artwork, images, music, and any other protectable expression may not be copied, imitated or used without written permission from the owner.

Digital Millennium Copyright Act (“DMCA”) Notice.

Square Jaw responds to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When Square Jaw receives a valid DMCA notification, it may expeditiously take down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content, including by forwarding them a copy of the Notice and the name and email address of the person submitting the Notice, so that a Counter Notice may be filed. On receiving a valid Counter Notice, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.

Please note: The DMCA provides that you may be liable for damages (including costs and attorneys’ fees) if you falsely claim that content is infringing your copyright. We recommend contacting an attorney if you are unsure whether your content is protected by copyright law or whether content is infringing on your copyright.

To Submit a Notice:

If you believe that in-Game content infringes on your copyright, you must submit a written notification to Square Jaw either by email or written letter (regular mail or courier). The Notice must include the following:

  • An identification of the copyright you claim has been infringed (i.e., your copyrighted material);

  • A description of the nature and exact location of the content you claim infringes your copyright;

  • Your name, address, telephone number, and email address;

  • Statements by you that: (a) you have a good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law; and that (b) you swear, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

  • A physical signature of the copyright owner or a person authorized to act on their behalf. To satisfy the signature requirement, please designate electronic signatures by typing a forward slash before and after your name (e.g., /Jane Doe/).

Send the written Notice to the designated Copyright Agent at Square Jaw by emailing us at support@squarejawgames.com or by sending the Notice to: Square Jaw Attn: Designated Copyright Agent 605 Swanson Cove Austin, TX 78748

To Submit a Counter Notice:

Under the DMCA, a Counter Notice is a legal means to state your objection to a DMCA Notice. If you have received a DMCA Notice from Square Jaw, or have been otherwise advised by Square Jaw that you were the subject of a DMCA Notice, and you dispute that your material is infringing or believe that the material removed or disabled was as a result of a mistake or misidentification of the material to be removed or disabled, you may submit a Counter Notice.

Electronic Signatures.

You acknowledge and agree that by agreeing to this Agreement electronically that you are expressly agreeing to the terms set forth herein. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the terms of this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY SQUARE JAW. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

Notice for California Users.

Under California Civil Code Section 1789.3, users of the Website from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Square Jaw may be contacted in writing at Square Jaw, 605 Swanson Cove, Austin, TX 78748.

Miscellaneous.

Except as otherwise expressly set forth in these Terms of Use, in the event that any provision of these Terms of Use shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of these Terms of Use shall remain in full force and effect. These Terms of Use constitute and contain the entire agreement between you and us with respect to the subject matter hereof and supersedes any prior oral or written agreements. You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any person other than the parties to these Terms of Use.

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

If we do not enforce a provision of these Terms of Use, that does not waive our right to do so later. And, if we do expressly waive a provision of these Terms of Use, that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by both you and us to be legally binding.

Square Jaw is subject to existing laws and legal process, and we may comply with law enforcement or regulatory requests or requirements notwithstanding any term to the contrary in these Terms of Use.

We may notify you via postings on www.squarejawgames.com or via any other contact information you provide to us. Except as otherwise expressly provided herein, all notices given by you or required from you under these Terms of Use or the Square Jaw Privacy Policy shall be in writing and addressed to: Square Jaw, 605 Swanson Cove, Austin, TX 78748 with a copy by email to: support@squarejawgames.com. Any notices that you provide that do not comply with these requirements shall have no legal effect.

Square Jaw shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Square Jaw, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond Square Jaw’s control, such as acts of God, war, pandemic, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Square Jaw reserves the sole and exclusive right to assign any or all of its rights and obligations under this Agreement, in whole or in part, to any party at any time without any notice. This Agreement may not be assigned by you, and you may not delegate your duties under them.

For Australia and New Zealand Users Only:

Upon termination of your account, Square Jaw will take all reasonable steps to destroy or de-identify your personal information. You acknowledge that some information about you may be retained where required by law or for data back-up purposes.

By providing the consent in paragraph 9, we may not be required under Australian privacy legislation to take reasonable steps to ensure that the overseas recipient of your personal information does not breach the Australian Privacy Principles in relation to your personal information, and we are not responsible for a failure of the overseas recipient to comply with Australian privacy legislation. You should be aware that overseas recipients may not be subject to privacy legislation which is as stringent as the legislation which applies in Australia.

For EU and UK Users Only:

You agree that these Terms of Use shall be governed by the laws of England, excluding the law of conflicts and the Convention on Contracts for the International Sale of Goods (CISG). However, where the laws of England provide a lower degree of consumer protection than the laws of your country of residence, the consumer protection laws of your country shall prevail. In any dispute arising between us, the prevailing party will be entitled to reasonable attorneys’ fees and expenses.

If you reside in the European Union, you acknowledge that you will no longer have the right to cancel under the EU’s Consumer Rights Directive (or implementing legislation in the country where you are located) once we start to supply you with an In-Game Item.

Contact Information.

If you have any questions, comments or concerns regarding these Terms of Use, please send an e-mail to support@squarejawgames.com.