Terms of Service

October 30, 2024

Important: These Terms require all disputes between us to go through binding arbitration instead of government court.  By accepting these Terms, you waive any right to have disputes decided (1) by a judge or jury and (2) in class or representative actions.  You can opt-out of arbitration for thirty (30) days after you first accept these Terms—see opt-out under Dispute Resolution below.

We include brief summaries before each section to make reading and understanding this agreement easier.  The summaries do not replace the text of each section, and you should still read each section in its entirety.

These Terms govern NantG Mobile, LLC (dba NantGames) (the “Company’s”) contract with you in conjunction with the operation of our games, including MythWalker, as well as of any applications, websites, or interaction that you may have with us, including purchases of games or in-game purchases (the “Services”).  Please note we provide an augmented reality platform that requires your consent for use and disclosure of precise geolocation information and associated metadata and adherence to these Terms.  See also Privacy Policy.

Please review these Terms carefully as they affect your rights and obligations.

To use the Services, you must comply with these restrictions.

(a)    Unless you meet these requirements, you are not eligible to use the Services.  In these Terms, “you” and “your” means you as the user of the Services.

(i)       Age:  You must be 13 or older to use the Services, or otherwise of legal age to form a binding contract in your jurisdiction.  If you are under the age of majority where you live, but are 13 or older you are only permitted to use the Services if your parent or guardian accepts these Terms on your behalf prior to use of the Services.  By using the Services, you affirm that you are of legal age to enter into this Agreement and to use the Services. 

(b)    You are responsible for all your activity in connection with the Services.  This includes anything you choose to purchase, any content you send through the Services and the accuracy of any information you give us so that we can provide the Services to you. 

(c)    Most importantly, you represent and warrant that you will not use the Services in any way that violates applicable law, Outside Terms or our Policies.

(d)    Violation of the Agreement may result in suspension or termination of your access to the Services or criminal or civil liability.  The Services may monitor your conduct, including, without limitation, reviewing messages to determine whether you are violating the Agreement.

As described in our Privacy Policy we collect Your precise geolocation information in order to allow you to play MythWalker.  You cannot play MythWalker without providing such geolocation information.  When we collect precise geolocation information, We also collect other metadata associated with such information.  You consent to the collection of both precise geolocation information and associated metadata.  If you withdraw consent at any time, we may terminate Your Account and access to the Services.  Please be aware of your user obligations in connection with the collection of precise geolocation information, including your legal obligations and your acceptance of risks in conjunction with an augmented reality game based on geolocation data and its associated metadata.

You have obligations under these Terms, including the manner in which you use the Services related to the augmented reality nature of MythWalker.

         (a) When you create an Account with us, including an Account through the Google or Apple app store(as defined in Section 8(a)), you must provide us with information that is accurate, complete, and current at all times.  Failure to do so constitute a breach of the Terms, which may result in immediate termination of your Account.

         (b)  You are responsible for maintain the security of your account.  Do not share your account information with others or allow others to access or use your account.  We will treat all acts performed through your Account as being performed by you.  You are liable for all purchases made on your account.

         (c)  You are responsible for safeguarding your password and any activities or actions under Your password.  You agree not to disclose your password to a third party.  You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

         (d)  You acknowledge that MythWalker involves use of your precise geolocation and that an aspect of our augmented reality game may be movement during gameplay.  You acknowledge that there are physical risks associated with gameplay, including physical objects or geographical features, terrain, or the weather.  You are solely responsible for your physical safety when playing the game and acknowledge and agree that the Company is not liable for any physical injury which may result from your use of the Services, including gameplay.

         (e) You may not use as a username, avatar, character name, or a name visible to others the name of another person or entity or that is not lawfully available for use.  You may not use a name or trademark that is subject to any rights of another person or entity other than you or a name that is offensive, vulgar or obscene.  We reserve the right to terminate your use of the Services if you violate this term.

(f) You may not play the game from a moving vehicle of any sort or in any situation that poses a danger to you or other.

(g) Our Services are provided to you for your personal non-commercial use only.  When using the Services, you agree to comply with all applicable federal, state and local laws, including any laws relating to trespass, public nuisance, or other rights of third parties to their personal and private property and privacy.  You agree to respect all rights of all third parties, including during gameplay.  For avoidance of doubt, do not conduct gameplay on the property of any third party without the third party’s express permission.  You also agree to respect property or space belonging to or accessible by the public, including government buildings, public spaces such as parks, schools, hospitals, law enforcement buildings, or other similar facilities.

You can buy a Subscription to our paid content through us on the Google or Apple App Store.  Those purchases must be managed through your External Account.  Subscriptions are subject to the terms of the App Store and may automatically renew until you cancel.

If you subscribe or buy through an App Store, such as with your Apple ID or Google Play account (your “External Account”), your External Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Account.  Some App Stores may charge you sales tax, depending on where you live, which may change from time to time.

If your App Store purchase includes an automatically renewing Subscription, your External Account will continue to be periodically charged for the Subscription until you cancel. 

Cancelation: If you do not want your Subscription to renew automatically, or if you want to change or terminate your Subscription, you must log in to your External Account and follow instructions to manage or cancel your Subscription, even if you have otherwise deleted your Account with us or if you have deleted the App from your device. 

•      For example, if you subscribed using your Apple ID, cancelation is handled by Apple, not us.  To cancel a purchase made with your Apple ID, open the App Store app on an iOS device, tap on your profile icon, and choose ‘Subscriptions.’  Find your Subscription and follow the instructions to cancel.  You can also request assistance at https://getsupport.apple.com. 

•      Similarly, if you subscribed on Google Play, cancelation is handled by Google.  To cancel a purchase made through Google Play, launch the Google Play app on your mobile device and go to Menu > My Apps > Subscriptions, then find your Subscription and follow the instructions to cancel.  You can also request assistance at https://play.google.com. 

(a)    Refunds.  Generally, all purchases are subject to the terms of the App Store and are final and nonrefundable, and there are no refunds or credits for partially used Periods, except if applicable law in your jurisdiction provides for refunds.

(i)       EU and UK consumers only:  consult your rights in the App Store under local law.  You may be entitled to a 14-day refund period. 

(a)    While using our Services, you will have access to: (i) content that you upload or provide while using our Services (“Your Content”), including information during gameplay; and (ii) content that we provide on and through our Services (“Our Content”). 

In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on the Services, including any dynamically generated output, avatars, depiction of location or gameplaying environment, or information on users’ profiles or in direct messages between users.

Because we operate an augmented reality game that is based on geolocation information, Your Content includes your location.  You may also obtain information to geolocation information regarding other users with whom you are playing the game.

Our Copyright Infringement Policy explains how we handle copyright use issues and how to notify us of any copyright disputes.  We take copyright infringement seriously, and we terminate the accounts of repeat infringers.

(b)    Your Content

You are responsible for Your Content.  Don’t share anything that you wouldn’t want others to see, that would violate this Agreement, or that may expose you or us to legal liability.  Note Your Content may include your geolocation or other information that you upload for gameplay relating to your surroundings.  Such information is shared with other users if you choose to do so.

You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.

(i)       You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through Google, Facebook or any other social login (if applicable) (any, a “Social Login”) and that you will update your account information as necessary to ensure its accuracy.

If you choose to reveal any personal information about yourself to other users, including geolocation information or information about your location, you do so at your own risk.  We encourage you to use caution in disclosing any personal information online.

You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. 

You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, block or prevent access to any of Your Content at any time in our sole discretion.  Furthermore, you understand and agree that we have no obligation to display or review Your Content.

(ii)      Your Content license to us.  By providing Your Content, you grant us a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, distribute and otherwise make available Your Content.  We may use Your Content in whole or in part and in any format or medium for the uses contemplated by this Agreement and any other purpose permitted by this Agreement, subject only to our Privacy Policy and applicable law.  Your Content includes any information you authorize us to access from any Social Login or other third-party sources (if applicable).

(c)    Our Content

We own all other content on our Services.

(i)       Ownership.  Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights.  All rights, title, and interest in and to Our Content remains with us at all times. 

(ii)      Very limited license to use.  You may use the Services and Our Content solely for personal and non-commercial purposes.  All rights not specifically granted in the license set forth above shall be reserved and remain always with the Company.  You acquire no rights or licenses in or to the Services or Our Content other than the limited right to utilize the Services in accordance with these Terms of Use.

(iii)     Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants you, or any third party, any right, title, or interest in or to Our Content, the Services or other intellectual property provided in connection with this Agreement, whether by implication, waiver, estoppel, or otherwise.

While using the Services, you may not:

(a)    download, modify, copy, distribute, transmit, display, perform, reproduce, publish, or offer for sale any information obtained from or through the Services;

(b)    duplicate, decompile, reverse engineer, disassemble or decode the Services, or attempt to do any of the same;

(c)    use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;

(d)    use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify or affect the Services;

(e)    exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;

(f)     access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party's access to or use of the Services, or attempt to do so;

(g)    circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;

(h)    use any robot, spider, crawlers or other automatic device, process, software or query to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;

(i)      introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;

(j)      use the Services for illegal, harassing, unethical, or disruptive purposes;

(k)    violate any applicable law or regulation in connection with your use of the Services;  or

(l)      access or use the Services in any way not expressly permitted by these Terms. 

Our Services are provided ‘as is.’  We do not make, and cannot make, any representations about the content or features of our Services.

(a)    Warranties/Disclaimers.

(i)       Except as stated elsewhere in these Terms, all of the Services, products and content are provided “as is” without warranty of any kind.  To the fullest extent permitted by law, we disclaim without limitation all warranties, whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise, including the warranties of merchantability, title, non-infringement of third parties’ intellectual property rights, or fitness for a particular purpose.

(ii)      We do not guarantee that the operation of the Services is guaranteed to be error free.

(iii)     Use of the Services and the transmission of messages through the Services is done at your own discretion and risk.  No advice or information, whether oral or written, obtained by you from us or through the Services will create any warranty that is not expressly stated in these Terms.

(iv)     Any use of geolocation information for the Services are without guarantees or warranties.  You play the game and make use of its geolocation features at your own discretion and risk.  We have no liability for Your use of geolocation information or for any injury or harm that is associated with gameplay.

(v)      These limitations apply only to the extent they are not prohibited by applicable law.  To the extent permissible, any implied warranties that cannot be excluded are limited to ninety (90) days, or such longer period as applicable law requires.

(b)    Limitations of Liability.  Except for the indemnity obligations stated below, to the fullest extent allowed by applicable law, under no circumstances and under no legal theory will either of us be liable to the other with respect to the subject matter of this Agreement for:

(i)       Any indirect, special, incidental, or consequential damages of any kind, or

(ii)      Any aggregate amount in excess of the greater of (1) $100 or (2) the amounts paid or payable by you to us for paid Services in the three-month period preceding the applicable claim.

For clarity, this means we will not be liable for: unauthorized access to or loss of your data or information, Your Content or any other data, loss of information, the cost of procuring alternative goods or services, internet failures, or our failure to provide technical or other support services.  These limits apply to all claims, obligations and liabilities relating to this Agreement, even if we, our affiliates, licensors or suppliers are aware of the possibility that you may incur these damages, and even if these limited remedies fail of their essential purpose.

(c)    Assumption of Risk.  By using the Services, you acknowledge and accept all risks associated with your activities, including but not limited to physical injury, property damage, or legal consequences.  You assume full responsibility for your actions and agree that Company is not liable for any harm or damages resulting from your use of the Services.  You are solely responsible for your safety when using the Services and solely liable for your activities that may harm you or others.  You agree that Company is not liable for any injuries or damages that occur during your use of the Services.

(d)    Indemnification.  To the fullest extent allowed by applicable law, you agree to indemnify and hold harmless the Company., its affiliates, officers, agents, employees, and partners from and against any and all third-party claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or relating to (i) your use of the Services (including any actions taken using your access to the Services); (ii) your violation of this Agreement; or (iii) your violation of the law.  In the event of such a claim, suit, or action, we will notify you using the contact information we have for your Account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations under this Agreement).  This obligation will survive any suspension, termination or cessation of your use of the Services.

In the event of a dispute, you and the Company agree to try to resolve it informally first.  If we can’t resolve it in 60 days, we agree to arbitrate the claim, instead of going to court.  You may opt-out of arbitration within 30 days of agreeing to this Agreement, as described below.

You agree to resolve disputes with the Company. through binding arbitration, except as described in this Section 13 (“Arbitration Clause”).  The parties expressly waive the right to bring or participate in any kind of class, collective, or mass action, private attorney general action, or any other representative action.  If you are a user who is a consumer, you may opt-out of arbitration under Section  within thirty (30) days of first accepting these Terms.

(a)    Covered Disputes.  You and the Company. agree that any dispute or claim between you and the Company.  arising out of or relating to this Agreement or the Services (a “Dispute”) will be resolved by binding arbitration, rather than in court.  A Dispute includes any claim or dispute relating to the Services, access and use of the Services, your Account, or any aspects of your relationship or transactions with the Company.  A Dispute also includes any claims or disputes that arose from or involve facts that occurred before the effectiveness of this Agreement and claims that may arise after its termination.  For clarity, nothing in this Arbitration Clause prevents either party from settling any Dispute(s) on a class-wide, batch-wide or other multiparty basis.

(b)    Exceptions to Arbitration.  This Arbitration Clause does not require arbitration of the following types of claims brought by either you or the Company. :

(i)       small claims court actions, if the requirements of the court are met and the claims are only on an individual basis; and

(ii)      claims pertaining to intellectual property rights, including trademarks, trade dress, domain names, trade secrets, copyrights and patents.

(c)    Informal Dispute Resolution First.  Like you, we want to resolve Disputes without resorting to arbitration.  If you have a Dispute with us, before initiating arbitration, you agree to send an individualized request (“Pre-Arbitration Demand”) to Dispute@MythWalker.com so that we can work together to resolve the Dispute. 

This Section  is a condition precedent to commencing arbitration.  The arbitrator will dismiss any arbitration filed without fully and completely complying with these informal dispute resolution procedures.

(i)       A Pre-Arbitration Demand is only valid when it pertains to, and is on behalf of, a single individual.  A Pre-Arbitration Demand brought on behalf of multiple individuals is invalid as to all. 

(ii)      The Pre-Arbitration Demand must include: (i) your name, telephone number, mailing address, and email address associated with your account; (ii) the name, telephone number, mailing address and email address of your counsel, if any; (iii) a description of your Dispute; and (iv) your signature. 

(iii)     Likewise, if the Company has a Dispute with you, the Company will send an email with its individualized Pre-Arbitration Demand, including the requirements listed above, to the email address associated with your Account. 

(iv)     If the Dispute is not resolved within sixty (60) calendar days of when either you or the Company submitted a Pre-Arbitration Demand, an arbitration can be brought. 

(v)      This Section  does not apply to claims brought under the exception to arbitration in Section . 

(d)    Arbitration Procedure.  If, after completing the informal process in Section , either you or the Company wishes to initiate arbitration, the initiating party must serve the other party with a demand for arbitration.  Any demand for arbitration by you will be sent to the Company’s  address in Section . The Company  will send any arbitration demand to the email address associated with your Account or to your counsel, if any.  You and the Company agree that the Federal Arbitration Act (“FAA”) governs this Arbitration Clause.  If the FAA cannot apply, then the state laws governing arbitration procedures where you reside apply.

(i)       The arbitration will be administered by National Arbitration and Mediation (“NAM”) under its operative:

A.       Comprehensive Dispute Resolution Rules and Procedures, and

B.       where applicable, its Mass Filing Supplemental Dispute Resolution Rules and Procedures, in each case as available at https://www.namadr.com/resources/rules-fees-forms.

This Arbitration Clause will govern to the extent it conflicts with the arbitration provider’s rules. 

(ii)      If the applicable arbitration provider is not available to arbitrate, the parties will select an alternative arbitration provider.  If the parties cannot agree on an appropriate alternative arbitration provider, the parties will ask a court of competent jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § 5. To the extent there is a dispute over which arbitration provider has jurisdiction, a NAM arbitrator will be appointed to resolve that dispute.

(iii)     Arbitration hearings will take place through videoconferencing, unless you and the Company agree upon another location in writing.  A single arbitrator will be appointed. 

(iv)     The arbitrator may award damages, declaratory or injunctive relief, and recoverable costs.  Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction over the dispute.  An arbitration award will have no preclusive effect in another arbitration or court proceeding involving the Company and a different individual.  The arbitrator will have the exclusive authority to resolve all threshold arbitrability issues, including whether this Arbitration Clause is applicable, unconscionable, or enforceable, as well as any defenses to arbitration.  However, a court has exclusive authority to rule on the Class Action Waiver in Section , including any claim that the section is unenforceable, illegal, void or voidable, or that it has been breached.

(v)      If a request to proceed in small claims court (see Section ), is made after an arbitration has been initiated, but before an arbitrator has been appointed, such arbitration will be administratively closed.  Any controversy over the small claims court’s jurisdiction will be determined by the small claims court. 

(e)    Jury Trial Waiver.  You and Company agree to waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury.  You and the Company are instead electing that all Disputes will be resolved by arbitration under this Arbitration Clause, except as specified in Section  above.  Court review of an arbitration award is subject to very limited review.  Discovery may be limited in arbitration, and procedures are more streamlined than in court.

(f)     Class Action Waiver.  You and the Company agree that, except as specified in Section  below, each of us may bring claims against the other only on an individual basis and not on a class, collective, representative, or mass action basis. 

(i)       The parties agree to waive all rights to have any Dispute be brought, heard, administered, resolved, or arbitrated on a class, collective, representative, or mass action basis. 

(ii)      Subject to this Arbitration Clause, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief to the party’s individual claim. 

(iii)     Notwithstanding anything to the contrary in this Arbitration Clause, if a court decides, in a final nonappealable decision, that the limitations of this Section  are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and the Company agree that that particular claim or request for relief (and only that particular claim or request for relief) will be severed from the arbitration and will be pursued in the courts specified in Section . 

(g)    Batch Process.  To increase the efficiency of administration and resolution of arbitrations, you and the Company agree that if 25 or more arbitration demands of a substantially similar nature, are filed within a one hundred and eighty (180) day period (“Mass Filing”):

(i)       to administer the Mass Filing in batches of 25 demands per batch (or less, if fewer than 25 remain) (“Batches”), with only one Batch filed, processed, and adjudicated at a time;

(ii)      to designate one arbitrator for each Batch;

(iii)     to accept applicable fees, including any related fee reduction determined by NAM in its discretion;

(iv)     that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior Batch is filed, processed, and adjudicated;

(v)      that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by the Company and the claimants, will only be due after your demand for arbitration is included in a Batch that is properly designated for filing, processing, and adjudication; and

(vi)     that the Batch process will continue until each demand (including your demand) is adjudicated or otherwise resolved. 

(vii)    Any statutes of limitation, including the requirement to file within eighteen months in Section  below, will remain tolled while any arbitration demands are held in abeyance.  While the Batches are adjudicated, no other demand for arbitration that is part of the Mass Filing may be processed, administrated, or adjudicated, and no filing or other administrative costs for such a demand for arbitration will be due from either party to the arbitration provider. 

A.       If, contrary to this provision, a party prematurely files an arbitration demand, the parties agree that the arbitration provider must hold those demands in abeyance.

(viii)  Substantially similar nature.  All parties agree that arbitration demands are of a “substantially similar nature” if they relate to the same event or factual scenario, raise the same or similar legal issues and seek similar relief. 

(ix)     Mass Filing Administration.  Any party may request that the arbitration provider appoint a sole standing administrative arbitrator (“Administrative Arbitrator”) to determine threshold questions such as (1) whether the Batch process is applicable or enforceable, (2) whether particular demand(s) are part of a Mass Filing, and (3) whether demands within a Mass Filing were filed in accordance with this Arbitration Clause, including Section . 

A.       To expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree that the Administrative Arbitrator may provide and use any procedures necessary to resolve the dispute promptly.  The Company will pay the Administrative Arbitrator’s costs.

B.       The parties will work in good faith with the arbitrator to complete each Batch within one hundred and twenty (120) calendar days of its initial pre-hearing conference.  The parties agree that the Batch process is designed to achieve an overall faster, more efficient, and less costly mechanism for resolving Mass Filings.

(x)      This Batch Process provision will in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures, or authorizing class arbitration of any kind.  Unless the Company otherwise consents in writing, the Company does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Section .

(h)    Settlement.  At least ten (10) calendar days before the date set for the arbitration hearing, you or the Company may serve a written offer of judgment upon the other party to allow judgment on specified terms.  If the offer is accepted, the offer with proof of acceptance will be submitted to the arbitration provider, who will enter judgment accordingly.  If the offer is not accepted before the earlier of the arbitration hearing or thirty (30) calendar days after it is made, it will be deemed withdrawn, and cannot serve as evidence in the arbitration.  If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party will not recover their post-offer costs and will pay the offering party’s costs from the time of the offer.

The parties agree that any disputes with respect to settlement offer(s) or offer(s) of judgment in a Mass Filing are to be resolved by a single arbitrator to the extent such offers contain the same material terms.  For arbitrations involving represented parties, the represented parties’ attorneys agree to communicate individual offer(s) of judgment to each and every arbitration claimant or respondent to whom such offers are extended.

(i)      Arbitration Costs.  Except as provided for in a Mass Filing under Section , your responsibility to pay any filing, administrative, and arbitrator costs will be solely as set forth in the applicable arbitration provider’s rules. 

(j)      18-Month Filing Deadline.  To the extent permitted by applicable Law, and notwithstanding any other statute of limitations, any claim or cause of action under this Arbitration Clause (with the exception of disputes under Section ) must be filed within eighteen (18) months after such claim or cause of action arose.  Otherwise, that claim or cause of action will be permanently barred.  The statute of limitations and any arbitration cost deadlines remain tolled during the required informal process under Section  above.

(k)    Opt-Out.  You may reject this Arbitration Clause and opt out of arbitration by sending an email to Opt-Out@MythWalker.com within thirty (30) calendar days of first accepting these Terms.  If you have an Account,  your opt-out notice must be sent from the email address associated with your Account.  No one may opt-out another person.  Your notice to opt-out must include your first and last name, address, the email address associated with your Account (if you have an Account), and a clear statement that you decline this Arbitration Clause.

(l)      Severability.  Except as provided in Section  above, if any provision of this Arbitration Clause is found to be illegal or unenforceable, then that provision will be severed.  The remaining provisions will still apply and will be interpreted to achieve the closest possible intent to the original intent of this section, inclusive of the severed provision.

Last Updated: October 11, 2024

1.  Copyright Policy

This Copyright Policy (this “Policy”) describes NantG Mobile, LLC’s (dba NantGames)’s (the “Company’s”) processes for receiving and responding to copyright infringement notices, sent by rightsholders or their agents, regarding material our users have posted to the  Company’s platform. This Policy is governed by our Terms of Service (“Terms”) and is designed to comply with the requirements of the notice-and-takedown provisions of the United States’ Digital Millennium Copyright Act (“DMCA”). In accordance with the DMCA, we generally remove or disable content that rightsholders claim to be infringing. Capitalized terms used but not defined in this Policy are defined in our Terms.

1.       Caution Advised

The notices described in this Policy are serious legal actions with potentially serious consequences. In particular:

(a)     Filing a false copyright notice can be unlawful. Aside from perjury penalties, sending false copyright notices can create legal claims under the DMCA.

(b)     Dispute copyright notices with care. Copyright owners can prevent disabled content from being put back onto the platform by initiating legal action.

(c)     Information submitted in notices is not private. Your copyright notice will be sent to the other party. We reserve the right to publicly post and share redacted copyright notices for transparency reporting purposes.

(d)     Copyright disputes are tracked to help us curtail repeat infringement. Our policies and the DMCA commit us to acting against repeat infringers, and we will terminate the accounts of repeat infringers in certain cases. How you respond to copyright notices informs our repeat infringer evaluation.

Consider seeking professional advice before proceeding with any notice described in this Policy.

2.       Submitting Notices and Our Designated Agent

(a)     Although we respond to all copyright notices submitted under this Policy expeditiously, submitting your notice directly to us will help ensure that your notice is compliant with legal requirements and receives the fastest possible response.

(b)     To submit a copyright notice to our designated agent, email dmca@mythwalker.com  Our designated agent can also be reached by mail at Copyright, NantGames, 450 Duley Rd., El Segundo, CA 90245.

3.       Sending a Copyright Notice

(a)     When sending a non-form notice to our designated agent, be sure that it includes all the information required under the DMCA. For your reference, this includes:

(i)       A description of the work or works you claim have been infringed

(ii)      A description of the content on our website you claim to be infringing and the associated URL(s), titles or content identifiers

(iii)     Your contact information

(iv)     Your statement confirming a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law

(v)      Your statement confirming that the information you’ve provided is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

(vi)     Your signature

(b)     On receipt of a notice compliant with the requirements of the DMCA, our practice is to promptly remove or disable the material identified as infringing.  Note that copyright notices can be disputed under the terms of this Policy, and that the dispute process may result in replacement of removed or disabled content.

4.       Receiving a Copyright Notice

(a)     If something you’ve posted to the Company is the target of a valid copyright notice, we will generally send to the email address (or other contact information) on file in your Account a copy of that notice when we remove or disable the allegedly infringing content.  To restore the removed or disabled content, you must dispute the notice in accordance with the terms of this Policy.  We reserve the right to suspend or terminate access and accounts for anyone who reposts or replaces previously removed content in a manner inconsistent with this Policy.

5.       Disputing a Copyright Notice

(a)     You may dispute a copyright notice submitted against your Account by dmca@mythwalker.com.  After receiving a dispute notice that meets the requirements of the DMCA, we will send a complete copy of the notice to the complaining party. The rightsholder will then have ten (10) business days to initiate legal action and notify us. If we don’t receive timely notice of legal action from the rightsholder, we will generally replace the material that had been removed or disabled.

(b)     When sending a notice to our designated agent, be sure that it includes all the information required under the DMCA. For your reference, this includes:

(i)       A description of the content that’s been removed and any associated URL(s) or other identifying information

(ii)      Your full name and contact information, including your address and phone number

(iii)     A statement, under penalty of perjury, that you have a good faith belief that the removed content was taken down as a result of mistake or misidentification

(iv)     A statement consenting to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if you are outside of the United States, consenting to the jurisdiction of any judicial district in which the Company can be found

(v)      A statement that you will accept service of process from the copyright notice sender or their agent at the address you’ve provided

(vi)     Your signature

6.       Copyright on NantGames

This Policy is part of our Terms, and is only one component of how the Company handles copyright and copyright-adjacent issues. Other relevant terms and policies include:

If you have any further questions on our various copyright practices, please contact us at dmca@mythwalker.com.