Last Updated: January 21 2020
1. Introduction
BY ALIENS LIMITED. (“ByAliens,” ”we,” “our,” or “us”) is dedicated to providing the best services to our users, while attempting to guarantee their security and integrity.
These terms (“Terms of Service” or “Terms”) govern the relationship between you and ByAliens regarding your use of ByAliens’ games (“Games”), websites including but not limited to Byaliens.com (collectively “Websites”), and the services provided on or through the Websites and/or accessible through various desktop and mobile web browsers, locally installed mobile web applications including but not limited to Games (“Applications”), and various API services and other services that we may offer from time to time, including without being limited to social, online and/or other games and applications (including mobile applications), community forums and blogs (collectively, our "Services").
YOUR RIGHT TO USE BYALIENS’ SERVICES IS SUBJECT TO YOUR COMPLIANCE WITH ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. Use of the Services is also governed by ByAliens’ Privacy Policy (“Privacy Policy”), which is available online at our website and complements these Terms of Service.
Before accessing or using our Services, you may also be required to register an account (“Account”).
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE AND TO THE PRIVACY POLICY. If you do not agree to these Terms of Service or to the Privacy Policy, please do not install, use or otherwise access our Services.
The Applications are offered only to individuals who possess the legal capacity to agree to these Terms of Service and to form a binding agreement under the applicable law, or who have received the required consent from their legal guardian to enter into these Terms. Therefore, you hereby represent that you possess the legal authority to enter into these Terms of Service, to use the Services in accordance with these Terms, and to fully perform your obligations hereunder. If you are under the age of 18, you represent that your legal guardian has reviewed and agreed to these Terms.
ByAliens reserves the right, at its sole discretion, to modify these Terms of Service and the related Privacy Policy at any time by posting the amended terms on the Services as well as in our app, through a specific notification. You will be deemed to have accepted such changes by continuing to use the Services. If at any point you do not agree to any part of the then-current version of our Terms of Service, the Privacy Policy, or any other ByAliens policy, rules or codes of conduct (“Supplemental Policies”), you may not install, access and/or use the Services and you are requested to promptly stop using them and to erase any Application, and any part thereof, from your device.
Children’s Privacy
ByAliens offers various Applications (such as Games and educational experiences) which we intend to be used by children under the age of thirteen (13) (“Children”) as well as certain Applications that are NOT targeted to such Children.
Note that our Privacy Policy will be available at the landing or home screen of the Applications, including in some instances by clicking on “Options” or a settings icon. There, parents and guardians will be informed about all of our practices regarding Children’s Privacy.
By reading our Privacy Policy , you thereby agree with our process regarding Children’s Privacy and agree that you are responsible for any violation of such process made by you or any of your family members.
2. Conditions of License to Users
2.1. General Conditions
Upon your agreement and continuing compliance with these Terms of Service, the Privacy Policy and the Supplemental Policies (collectively, “ByAliens Terms”), ByAliens grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to install, access and use the Services for your own non-commercial entertainment purposes. You hereby agree not to use the Services for any other purpose.
The licenses provided by ByAliens to the Users of the Services are subject to the following restrictions:
2.2. Account Creation
When creating your Account, you will be required to select a username and password (“Login Information”), which you will have to enter whenever you desire to access such Account. You shall not disclose your Login Information nor let anyone else access your Account or do anything else that might jeopardize the security or integrity of your Account. If you have any reason to suspect or become aware of any breach in the security of your Account, including but not limited to any loss, theft or unauthorized disclosure of the Login Information, you must immediately notify ByAliens and change your Login Information.
You are solely responsible for maintaining the confidentiality and integrity of the Login Information and you will be responsible if it is used or accessed by others, including but not limited to purposes of in-application purchases, whether or not authorized by you. In other words, you are responsible for anything that happens through your Account.
ByAliens reserves the right to delete or reclaim any username at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s privacy rights.
Note that the Services support only one Account per game on a supported device.
2.3. License Restrictions
Any use of the Services that is not in accordance with the restrictions and rules provided by these Terms of Service is strictly prohibited. We reserve the right to immediately deny or revoke your license to the Services if you violate any of the terms described herein and we may also hold you liable for any violations of the law.
In order to have access to the Services you may not, under any circumstances:
BYALIENS RESERVES THE SOLE RIGHT TO DETERMINE WHAT CONDUCT IT DEEMS TO BE IN CONTRADICTION TO THESE TERMS OF SERVICE. BYALIENS RESERVES THE RIGHT TO TAKE ACTION AS A RESULT, WHICH MAY INCLUDE BUT IS NOT LIMITED TO DELETING YOUR ACCOUNT AND PROHIBITING YOU FROM USING THE SERVICES.
2.4. License Suspension and Termination
Without limitation to any other remedies or actions, ByAliens reserves the right to restrict, modify, suspend or delete Accounts or to limit the access to the Services or portions thereof, with or without notice to you, if you are, or if ByAliens suspects that you are, failing to comply with any of the ByAliens Terms or taking part in any actual or suspected illegal or improper use of the Services. ByAliens may, at its sole discretion, reclaim or delete your username, display name and avatar as a result of Account termination or restriction, as well as revoke any benefits, privileges, earned items and purchased items associated with your use of the Services, and ByAliens has no obligation to compensate you for any loss or damage resulting from such restrictions or revocations.
Without limitation to any other remedies or actions, ByAliens reserves the right to limit, suspend or terminate the Accounts and Services or portions thereof, with or without notice to You, prohibit access to our Games and Websites, delay or remove hosted content and take technical and legal actions to prevent you from accessing and using the Services if we believe that you are violating any law, infringing any third parties’ intellectual property rights, or not acting in accordance with the e ByAliens Terms.
ByAliens may also terminate any Account that has been inactive for 180 days.
ByAliens may, at any time and in its sole discretion, stop offering and/or supporting the Services or any of its portions thereof, at which point your license to use the Services or any of its portions thereof will be automatically terminated. ByAliens shall not be liable for providing any refunds, payments or other compensation to you due to such termination of the Services.
You may delete your Account at any time and for any reason by contacting ByAliens at
data-controller@byaliens.com and properly informing ByAliens that you wish to terminate your Account.
3. License Ownership
3.1. Services
You have obtained a license to use the Services and your rights are subject to these Terms of Service, to the Privacy Policy and to the Supplemental Policies. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights (collectively, “Intellectual Property Rights”) related to all material or content supplied as part of the Services shall remain at all times owned by ByAliens or by their respective third party owners (“Licensors”). You are permitted to use this material only as expressly authorized by ByAliens or by the Licensors. You acknowledge and agree that the material and content contained within the Services is made available for your personal non-commercial use only.
3.2. Copyright & Trademarks
The Intellectual Property Rights related to the Services and the materials on or accessible via them are owned by ByAliens or its Licensors. The Services and the materials on or accessible via them and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (except to the extent strictly necessary for accessing and using the Services).
The brand name “ByAliens” and the ByAliens Logo are trademarks owned by ByAliens, and they may not be used, copied or reproduced in any way without written consent from Us.
All trademarks not owned by ByAliens are the property of their respective third-party owners and are used with their permission. Nothing contained on the Services may be construed as granting, by implication, estoppel or otherwise, any right or license to use any trademark.
For the purposes described above, the Intellectual Property Rights include but are not limited to any patent, software, trademark, trade name, service mark, service name, design, design right, copyright, sequence, “look and feel” and arrangement of items, database rights, moral rights, know-how, trade secret and other confidential information, rights related to any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them.
3.3. Virtual Items
ByAliens owns, has licensed, or otherwise has rights to use all content featured or originated in the Services. You agree that you have no right or title to any content featured or originated in the Services, including but not limited to (a) “Virtual Currency,” whether virtual cash, diamonds or other, and (b) “Virtual In-Game Items,” (collectively, “Virtual Items”), whether earned in a game or purchased from ByAliens, or any other components associated with an Account or stored on the Services.
All purchases and redemptions of Virtual Items made through the Services are final and non-refundable.
You acknowledge and agree that Virtual Items have no cash value and that neither ByAliens nor any other person or entity has any obligation to exchange your Virtual Items for anything of value, including but not limited to real currency or goods, and that, if your Account is terminated, suspended or otherwise modified or if your right to access the Services is terminated, the virtual items attached to your Account shall have no value.
4. User Content
4.1. General Terms
“User Content” means any communications, images, sounds, and all the material, data and information that users transmit through the Services. By transmitting or submitting any User Content while using the Services, you affirm, represent and warrant that such transmission or submission is:
(a) accurate and not confidential;
(b) not in violation of any laws, contractual restrictions or third-party rights, and that you have permission from any third party whose Personal Information or intellectual property is comprised in the User Content; and
(c) free of viruses, adware, spyware, worms or other malicious code.
ByAliens may, at any time, at its sole discretion and without prior notice, review, analyze, edit, delete, disable access to or otherwise make unavailable any User Content, regardless of its reasons in doing so.
4.2. Content Screening
ByAliens will not be held responsible for any submissions of User Content and assumes no responsibility for monitoring the Services in search of inappropriate content or material. ByAliens is not able and does not possess the resources necessary to analyze all User Content. Thus, ByAliens does not pre-screen or monitor all such content. By using the Services, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with your use of the Services and your access to any User Content available in connection with them.
At our discretion and only in terms according the legislation we follow and respecting the rights established in our Policies, our representatives or technology may monitor and/or record your interaction with the Services or communications (including but not limited to chat text) when you are using the Services.
By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording, except for a COPPA purposes and regarding Children, where the parental consent will be obligatorily verified.
If at any time ByAliens chooses, at its sole discretion, to monitor the Services, ByAliens nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We, after the parental consent, also allow all parents to view information their children have uploaded and there will be a procedure to delete it, by sending an e-mail to data-controller@ByAliens.com
We have the right, but not the obligation, at our sole discretion, to edit, refuse to post or remove any User Content.
4.3. Display of Information Through the Services
4.3.1. User Ideas
ByAliens does not accept or take into account any unsolicited ideas displayed by Users, including ideas for new promotions, products, games, applications, technologies, processes or other ideas (collectively, "User Ideas"). You must not transmit to or through the Services or Third-Party Platforms any User Ideas that you consider to be confidential or proprietary. You agree that ByAliens shall not be required to treat any User Ideas as being confidential or proprietary. You are responsible and liable for any User Ideas you submit.
You agree that, by submitting User Ideas to ByAliens, including any concepts, know-how or technologies, you hereby grant ByAliens a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, sell, exploit, prepare derivative works of and display the User Ideas in connection with the Services, and with ByAliens’ (and its successor’s) business, including but not limited to promoting and redistributing part or all of the User Ideas (and derivative works thereof) in any media formats and through any media channels, whether now known or hereafter developed, without payment or accounting to you or others. ByAliens is under no obligation to evaluate, review, use or remunerate any User Idea.
4.3.2. Responsibility for Your Own Content
You are solely responsible for the information that you, by any means, share through our Services or in connection with the Services, and as well as for the information you provide to third parties. ByAliens reserves the right to reject, refuse to post or delete, at its sole discretion, for any or no reason, any User Content made available through the Services.
4.4. Grant of License to ByAliens
You hereby grant to ByAliens an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Services, including marketing and promotions of such Services.
You hereby further grant to ByAliens the unconditional, irrevocable right to use and exploit your name, username, display name, avatar and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in connection to your User Content, regardless of whether your User Content is amended or changed in any manner.
ByAliens does not claim any ownership rights over your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. You hereby acknowledge and agree that ByAliens has no obligation to monitor or enforce your intellectual property rights in connection to your User Content.
4.5. User Interactions
You are solely responsible for your interactions with other Users and any other parties with whom you interact through the Services. ByAliens reserves the right, but has no obligation, to become involved in any way with these interactions and occasional related disputes. You will fully cooperate with ByAliens to investigate any suspected unlawful, fraudulent or improper activity, including but not limited to granting ByAliens access to any password-protected sections of your Account.
If you have a dispute with one or more Users, you hereby release ByAliens and any of its officers, directors, agents, subsidiaries, joint ventures and employees from any liabilities, and you also waive all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
4.6. User Content from Children
As fully described in our Privacy Policy, ByAliens respect the Children’s rights and, consequently, does not collect, use or disclose or allow any third parties to collect, use or disclose any Personal Information from children. If we learn that we have collected any Personal Information from children, we will delete that information as quickly as possible. Please contact us at data-controller@byaliens.com if you have any reason to suspect that ByAliens has collected Personal Information from Children. Upon your notification, we will investigate it promptly and if it turns out to be accurate, we will than delete the improper Personal Information as quickly as possible.
Nevertheless, there in a specific a process for parents to review all information that can collected only through authorization and for to require deletion. No personal data in processed without a clear and transparent parental consent.
5. Purchase Terms
5.1. General Conditions of Purchases
In the Services, you may purchase, with real currency, a limited, personal, non-assignable and revocable license to use Virtual Items and other goods or services (“Merchandise”). You may also obtain a license to use Virtual Items by redeeming third parties’ virtual currency, including but not limited to Facebook Credits. You acknowledge that you do not own or have any rights regarding the Virtual Items or Merchandise that you might acquire.
ByAliens reserves the right to manage, control, alter or delete Virtual Items and/or Merchandise at any time, with or without notice, and without any liability towards you or any third party.
The display of Virtual Items for use in the Services will begin immediately upon acceptance of your purchase by ByAliens.
Any unauthorized transferring, trading, selling or exchanging of any Virtual Items or Accounts ("Unauthorized Transactions") with anyone, including other Users, is strictly forbidden under these Terms. All Users who engage in such activities do so at their own risk and hereby agree to indemnify ByAliens against any and all consequences, claims and liabilities resulting from such actions.
You acknowledge that ByAliens may suspend, terminate, discontinue, or reverse any Unauthorized Transaction, regardless of when such Unauthorized Transaction occurred (or is yet to occur).
You further agree that ByAliens may, at its sole discretion, cancel any transaction that is not in its best interest, or may debit your balance of Virtual Currency, which may drain your balance to a zero amount. ByAliens may also, at its sole discretion, terminate, suspend, or modify your Account if you engage or assist in any Unauthorized Transaction.
Verification of certain information applicable to a transaction involving Virtual Items may be required prior to ByAliens’ acceptance thereof. In addition, as a condition to receiving certain Virtual Items, or other awards for participating in promotions, you may be required to provide additional information, to sign a release, or to authorize the use of certain information about you in ByAliens’ marketing materials and other activities related to the Services.
You warrant and agree that ByAliens shall have no liability for the use or loss of such information, or of Virtual Items, due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party or other Users´ activity. ByAliens may replace such lost Virtual Items under certain circumstances, at its sole discretion on a case-by-case basis, without incurring in any obligation or liability.
ByAliens or its designated agent may require you to provide your credit card number or any other billing information that may be deemed as necessary in order to purchase Virtual Items. You may also be presented with the option of participating in third party offers to receive Virtual Currency.
ByAliens is not responsible or liable to you for any credit card or bank-related charges and fees related to your transactions in the Services, on or through Third Party Platforms, or for your participation in any third party offers. All such transactions are administered by a third-party payment processor and/or store. ByAliens expressly disclaims any liability for those payment transactions, including fraudulent use of your credit card, bank account or other type of payment account by third parties, and you agree that your sole avenue of recourse regarding problems with the payment transactions is through the respective third party processor and/or store.
You acknowledge and agree:
(a) that any credit card transaction-related information will be treated by ByAliens as described in our Privacy Policy and, as applicable, in the privacy policies of the respective third-party payment processor(s) or stores;
(b) that all credit card and other payment related information that you provide to ByAliens, its designated payment processor or store, or a third-party providing offers, is accurate, current and complete;
(c) that you will pay any and all charges incurred by you resulting from your purchase at the rate(s) in effect when such charges are incurred and
(d) that you are responsible for any and all federal, state and local taxes and penalties, if any, relating to or arising from your purchase.
You further agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. ByAliens reserves the right to revise, at any time, the prices of all the goods and services offered through the Services.
You acknowledge that ByAliens is not required to provide any refunds, payments or other compensation if your Account is terminated, whether such termination was voluntary or involuntary, or whether you made the payment through ByAliens or any other designated agent, as previously described in Section 3.3.
5.2. Platform Provider Additional Terms
The Applications will be made available on the platforms (“Platforms”) provided by third parties (“Platform Providers”).
The respective Platform Provider Terms of Use, Privacy Policy or any other policy, rules or codes of conduct relating to the use of the Platform, (collectively, “Platform Provider Terms”) govern your use of the following Platforms:
(a) iTunes Store, Mac App Store and App Store, all provided and maintained by Apple Inc. (iOS Platform);
(b) Google Play, provided and maintained by Google Inc. (Android Platform);
(c) Amazon Appstore provided and maintained by Amazon Digital Services Inc. (Amazon AppStore Sourced Software).
(d) Windows Phone Store, provided and maintained by Microsoft Corporation (Windows Platform)
(e) Huawei App Store, provided and maintained by Huawei Device Co., Ltd.
The specific provisions applicable for each Platform Provider are clearly detailed on their own Platform Provider Terms. By downloading the Application from a Platform, You acknowledge that you have read, reviewed, understood and accepted the Platform Provider Terms and that you agree to be bound by them and to comply with all the applicable laws and regulations regarding the use of the Platform.
If you do not agree to the Platform Provider Terms, or do not wish to be bound by them, do not install or use the Services. If any provision of these Terms of Service conflicts with the Platform Provider Terms, the former shall prevail.
The Platform Provider may reserve the right, at its discretion, to change, modify, add or remove portions of its Platform Provider Terms at any time by posting the respective amendments on the Platform. You will be deemed to have accepted such changes by continuing to use the Platform and the Services. If at any point you do not agree to any portion of the then-current version of the Platform Provider Terms, you must immediately stop using the Platform and the Services.
These Terms of Service represent the agreement between you and ByAliens, and not with the Platform Provider, whom is not deemed as a party of these Terms. However, you acknowledge that the Platform Provider and its subsidiaries are third-party beneficiaries of these Terms of Service and thus have the right (and are deemed to have accepted the right) to enforce these Terms of Service.
ByAliens is solely responsible for the Applications and any related content therein. You acknowledge that the Platform Provider has no obligation whatsoever to provide any maintenance and support services with respect to the Application.
If you access the Services from any other online market for software applications not expressly stated herein, you acknowledge that you have reviewed and accepted such market’s own terms of service and privacy policies.
6. Services Updates
You understand that the Services are subject to further developments, adjustments and updates. you may be required to accept updates to the Services you have installed in your device in order to continue using them. You acknowledge and agree that ByAliens may, at its sole discretion, unilaterally update the Services, with or without notifying you. Additionally, you may also need to update third-party software from time to time in order to keep accessing and using the Services.
7. Disclaimer of Warranties
Further to the limitation of liability described under Section 8 below, the Services are provided on an “as is” and “as available” basis for your use, without warranties of any kind, expressed or implied, including but not limited to the warranties of merchantability, completeness, reliability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. ByAliens does not warrant that you will always, at any time or location, be able to access or use the Services, and neither warrant that the Services will be provided uninterruptedly or error-freely, that eventual defects will be corrected, or that the Services are free of viruses or other harmful components.
8. Limitations of Liability and Indemnification
ByAliens shall not be held responsible for any indirect, incidental, consequential, special, punitive or other similar damages suffered by you or any other users, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these Terms of Service or the Services themselves, whether based on contract, tort or any other legal theory, and whether or not ByAliens has been advised of the possibility of such damages.
Notwithstanding the limitations above, ByAliens liability is limited to the total amount you have paid to ByAliens in accordance with these Terms of Service during the six (6) months immediately preceding the date on which you first assert a claim. You acknowledge and agree that if you have not paid anything to ByAliens during such time period, your sole and exclusive remedy (and ByAliens’ exclusive liability) for any dispute concerning ByAliens or any of its affiliates or agents is to stop using the Services and to cancel your Account.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that ByAliens may not, as a result of law application, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of ByAliens’ liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold ByAliens harmless from and against any and all claims, demands, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Services, or from any breach of these Terms of Service by you, provided the infringement of rights is attributable to your intentional or negligent behavior.
9. Third-Party Offerings
The Services may include links to other websites or services (including advertisements and payment providers) solely as a convenience to you ("Linked Sites"), as further detailed in our Privacy Policy. The display of any Linked Sites on the Services does not imply the endorsement by ByAliens of any content, information, material, products or services provided or posted by third party through such Linked Sites.
You are responsible for reading and complying with the privacy statements and terms of use posted by third parties at any Linked Sites before using or accessing them. Note that ByAliens does not have any control over the content and information posted or transmitted through Linked Sites and may not be held responsible if they are not functioning properly.
You hereby acknowledge and agree that the access and use of Linked Sites, including the information, material, products, and services provided by or available through them, is solely at your own risk, and you acknowledge and agree that ByAliens is not responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by your use of any Linked Sites.
Your correspondence or business dealings with, or participation in promotions of advertisers found on or through the Services are solely between you and such advertiser and shall not construe any liability or responsibility whatsoever for ByAliens.
10. General Provisions
10.1. Assignability of the Terms
ByAliens may assign or delegate, at its sole discretion and at any time, the ByAliens Terms, in whole or in part, to any person or entity. You may not assign or delegate any rights or obligations stipulated under the ByAliens Terms without ByAliens’ prior written consent, and any unauthorized assignment and delegation by you shall be deemed as ineffective.
10.2. Supplemental Policies
ByAliens may enact and publish Supplemental Policies at any time, as defined under Section 1 above, related to specific services such as forums, contests or loyalty programs. Your right to use such additional services is subject to those Supplemental Policies and to these Terms of Service.
10.3. Hierarchy of Agreements
These Terms of Service contain the entire understanding between you and ByAliens and supersede all prior agreements and understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent.
10.4. Severability
You and ByAliens agree that if any portion of the ByAliens Terms is found illegal or unenforceable, in whole or in part, by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability, without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
10.5. Waiver and Modification of the Terms
If ByAliens fails to require or enforce the strict performance by you of any provision of the ByAliens Terms or fails to exercise any right under them, such failure shall not be considered as a waiver or relinquishment of ByAliens’ right to assert or rely upon any such provision or right in that or any other instance.
A waiver of any provision of the ByAliens Terms will only be valid if provided in writing and will only be applicable to the specific incident and occurrence so waived.
Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by ByAliens shall be deemed as modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of ByAliens.
10.6. Notices
We may send you notifications via postings on our Websites or through any other communication means that You have provided Us with. All notices served by you or required from you under the ByAliens Terms shall be in writing and addressed to:
BY ALIENS LIMITED
111 Connaught road central, RMS 2103/04
Hong Kong. Hong Kong
Any notices that you may send Us and that is not in accordance with this Section shall have no legal effect.
10.7. Legal Remedies
You acknowledge that the rights granted to ByAliens and obligations undertaken by you under these Terms of Service are of a unique and irreplaceable nature, the loss of which shall irreparably harm ByAliens, and that cannot be replaced by monetary damages alone, so that ByAliens shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services, and agree to limit your claims to claims for monetary damages, in accordance with the restricted scope of Section 8, if any.
10.8. Force Majeure
ByAliens shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, internet and telecommunication failures, acts of God or governmental action, acts by hackers or other malicious third parties, problems with the Internet, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, and fuel, energy, labor or other materials shortage.
11. Dispute Resolution and Governing Law
If a dispute arises between you and ByAliens, We strongly encourage you to first contact us directly at contact@byaliens.com in order to seek a mutual agreement.
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