Terms of Service for Digital Sales
These Terms of Service (“Terms”) are effective as of : January 1st, 2024 “Effective Date”
Read these terms carefully before browsing this website. Your continued use of this website indicates that you have both read and accepted these terms. you cannot use this website if you do not accept these terms. All sections of these terms are applicable to all users unless the section expressly states otherwise.
Note that we reserve the right to make changes to these terms at any time. (Ref. Section 8)
For any questions about these terms, you can reach out to us by sending an email to support@spellwagon.com
This spellwagon.com (“Spellwagon”,”spellwagon”) Subscriber Agreement ("Agreement") is a legal document that explains your rights and obligations as a user and/or subscriber of spellwagon.com from Godspeed Game Solution Private Limited (“Godspeed Games”, “Godspeed”,”licensor”), a company under the laws of Maharashtra in India, with its registered office at Tower 1 World Trade Center 610, 411014, Dholepatil Farms Rd, EON Free Zone, Kharadi, Pune, Maharashtra 411014 - India. Please read it carefully.
Note that spellwagon.com content can also be issued at the request of additional affiliates to Godspeed Games displaying their products on spellwagon.com. Currently, By Aliens L.L.C - FZ (hereinafter referred to as “By Aliens”, “affiliate”) a company under the laws of the United Arab Emirates, with its registered office at Business Center 1, M Floor, The Meydan Hotel, Nad Al, Sheba, Dubai, U.A.E.
Any additional partner displaying products on spellwagon.com will be consistently added to this terms of service.
Section 10 contains a binding arbitration agreement. It affects how disputes are resolved. Please read it.
I. Registration / Application / Acceptance of Subscriber Agreements
Spellwagon.com is an online service offered by Godspeed Gaming Solutions Private Limited displaying its own content and the content of its affiliate, By Aliens L.L.C - FZ.
You become a subscriber of spellwagon.com ("Subscriber") by completing the registration of a spellwagon.com user account (“sign up”). This Agreement takes effect as soon as you indicate your acceptance of these terms. You may not become a Subscriber if you are under the age of 13. spellwagon.com is not intended for children under 13 and Godspeed Gaming Solutions Private Limited and/or By Aliens L.L.C - FZ will not knowingly collect personal information from children under the age of 13. Additional age restrictions may apply in your country.
A. Contracting Party
For any interaction with spellwagon.com your contractual relationship is with Godspeed Gaming Solutions Private Limited and its affiliate. Except as otherwise indicated herein or at the time of the transaction, any transactions for Subscriptions (as defined below) you make on spellwagon.com are being made through our Xsolla payment partner in contract with Godspeed Gaming Solutions Private Limited.
B. Subscriptions; Content and Services
As a Subscriber you may obtain access to certain services and content available to Subscribers on spellwagon.com. Any virtual items you purchase in the spellwagon.com marketplace are referred to in this Agreement as "Content and Services;" the rights to access and/or use any Content and Services accessible through spellwagon.com are referred to in this Agreement as "Subscriptions." Note that in order to proceed to any purchases related to the game you are playing and that is part of the spellwagon.com store page, you will be compelled to own an active game account on the dedicated app available on google play store and/or app store.
Note that in order to proceed to any purchases related to the game you are playing and that is part of the spellwagon.com store page, you will be compelled to own an active game account on the dedicated app available on google play store and/or app store.
Each Subscription allows you to access Content and Services. Some Subscriptions may impose additional terms specific to that Subscription ("Subscription Terms") (for example, terms of use specific to a particular product or feature of spellwagon.com). Also, additional terms (for example, payment and billing procedures) may be posted on https://spellwagon.com and the spellwagon.com Refund Policy through our payment partner Xsolla https://xsolla.com/refund-policy.
The Subscription Terms and the spellwagon.com privacy policy (which can be found at https://spellwagon.com/privacy) are binding on you once you indicate your acceptance of them or of this Agreement, or otherwise become bound by them as described in Section 8 (Amendments to this Agreement).
C. Your Account
When you complete the spellwagon.com registration process, you create a spellwagon.com account ("Account"). You are responsible for the confidentiality of your login, password, OTP (one time password) and for the security of your computer system and access to your game account. Spellwagon.com is not responsible for the use of your password and Account or for all of the communication and activity on www.spellwagon.com that results from use of your login name and password by you, or by any person to whom you may have intentionally or by negligence disclosed your login and/or password in violation of this confidentiality provision. Unless it results from spellwagon.com negligence or fault, spellwagon.com is not responsible for the use of your Account by a person who fraudulently used your login and password without your permission. If you believe that the confidentiality of your login and/or password or game tag access may have been compromised, you must notify spellwagon.com via our customer contacts, support@spellwagon.com without any delay.
Your Account, including any information pertaining to it (e.g.: contact information, billing information, Account history and Subscriptions, etc.), is strictly personal. You may therefore not sell or charge others for the right to use your Account, or otherwise transfer your Account, nor may you sell, charge others for the right to use, or transfer any Subscriptions other than if and as expressly permitted by this Agreement (including any Subscription Terms or Rules of Use) or as otherwise specifically permitted by spellwagon.com.
Please note that spellwagon.com will never ask you directly for your banking details or private information other than the ones necessary for your account creation. Any payment information will be covered under the Xsolla payment process where their terms of service applies https://xsolla.com/terms-of-service
D. Acceptance of Agreements
Your order through spellwagon.com is an offer to Godspeed Games and/or By Aliens to agree on the delivery of the ordered Subscriptions, Content and Services (the “Product(s)”) in exchange for the listed price.
When you place an order on spellwagon.com, you’ll be supported by our payment partner, Xsolla, that will send you a message confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is acknowledgement that spellwagon.com has received your order and does not confirm acceptance of your offer to enter into an agreement.
In the case of Content and Services, we accept your offer, and conclude the agreement with you, by confirming the transaction and making the Content and Services available to you and deducting the applicable price from your payment method, through our Xsolla Partner.
You consent to receiving sales invoices electronically.
E. Payment Processing
Payment processing related to Content/Services purchased on spellwagon.com is performed via the Xsolla platform and the accepted payment system is bound by what is covered in the running processes and general terms from Xsolla.
In any case, delivery of Content/Services is performed by spellwagon.com supporting the product and the company attached to your account and the product for which your account is linked, being Godspeed Games or By Aliens.
2. Licensing
A. General Content and Services License
Godspeed Games and/or By Aliens hereby grant, and you accept, a non-exclusive license and right, to use the Content and Services for your personal, non-commercial use (except where commercial use is expressly allowed herein or in the applicable Subscription Terms). This license ends upon termination of (a) this Agreement or (b) a Subscription that includes the license. The Content and Services are licensed, not sold. Your license confers no title or ownership in the Content and Services. To make use of the Content and Services, you must have a spellwagon.com account and you may be required to be running on its own platform (e.g mobile game…) the product for which you’ve been requesting content and/or service from spellwagon.com
For reasons that include, without limitation, system security, stability, and multiplayer interoperability, Godspeed Games or its affiliate may need to update, pre-load, create new versions of or otherwise enhance the Content and Services.
You consent to such automatic updating. You understand that this Agreement (including applicable Subscription Terms) does not entitle you to future updates (unless to the extent required by applicable law), new versions or other enhancements of the Content and Services associated with a particular Subscription, although Godspeed Games and/or By Aliens may choose to provide such updates, etc. in their sole discretion.
B. License to Use spellwagon.com games content in Fan Art.
Spellwagon.com appreciates the community of Subscribers that creates fan art, fan fiction, and audio-visual works that reference Godspeed Games and/or By Aliens games ("Fan Art"). You may incorporate content from Godspeed Games and/or By Aliens games into your Fan Art. Except as otherwise set forth in this Section or in any Subscription Terms, you may use, reproduce, publish, perform, display and distribute Fan Art that incorporates content from The Godspeed Games and/or By Aliens games however you wish, but solely on a non-commercial basis.
If you incorporate any third-party content in any Fan Art, you must be sure to obtain all necessary rights from the owner of that content.
Commercial use of some Godspeed Games and/or By Aliens games content is not permitted.
To view the The Godspeed Games and/or By Aliens policy containing additional terms covering the use of audio-visual works incorporating Godspeed Games and/or By Aliens intellectual property please click here:
D. Restrictions on Use of Content and Services
You may not use the Content and Services for any purpose other than the permitted access to spellwagon.com and your Subscriptions, and to make personal, non-commercial use of your Subscriptions, except as otherwise permitted by this Agreement or applicable Subscription Terms. Except as otherwise permitted under this Agreement (including any Subscription Terms or Rules of Use), or under applicable law notwithstanding these restrictions, you may not, in whole or in part, copy, photocopy, reproduce, publish, distribute, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works based on, or remove any proprietary notices or labels from the Content and Services or any software accessed via spellwagon.com without the prior consent, in writing, of spellwagon.com hereinafter Godspeed Games and/or By Aliens.
You are entitled to use the Content and Services for your own personal use, but you are not entitled to: (a) sell, grant a security interest in or transfer reproductions of the Content and Services to other parties in any way, nor to rent, lease or license the Content and Services to others without the prior written consent of spellwagon.com and/or its affiliate, except to the extent expressly permitted elsewhere in this Agreement (including any Subscription Terms or Rules of Use); (b) host or provide matchmaking services for the Content and Services or emulate or redirect the communication protocols used by spellwagon.com and/or its affiliate in any network feature of the Content and Services, through protocol emulation, tunneling, modifying or adding components to the Content and Services, use of a utility program or any other techniques now known or hereafter developed, for any purpose including, but not limited to network play over the Internet, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation networks, websites or services, without the prior written consent of spellwagon.com and/or its affiliate; or (c) exploit the Content and Services or any of its parts for any commercial purpose, except as expressly permitted elsewhere in this Agreement (including any Subscription Terms or Rules of Use).
3. Billing, Payment and Other Subscription
All charges incurred on spellwagon.com, and all purchases made on spellwagon.com, are payable in advance and final.
A. Payment Authorization
When you provide payment information to spellwagon.com or to one of its payment processors, you confirm to Godspeed Games and/or its affiliate that you are the authorized user of the card, PIN, key or account associated with that payment, and you authorize spellwagon.com and/or its payment processor herein “Xsolla” to charge your credit card or to process your payment with the chosen third-party payment processor for any Subscription, spellwagon.com or other fees incurred by you.
For Subscriptions ordered based on an agreed usage period, where recurring payments are made in exchange for continued use ("Recurring Payment Subscriptions"), by continuing to use the Recurring Payment Subscription you agree and reaffirm that Godspeed Games and/or By Aliens through spellwagon.com is authorized to charge your credit card), or to process your payment with any other applicable third-party payment processor, for any applicable recurring payment amounts. In the occurrence of any Recurring Payment Subscriptions, you agree to notify spellwagon.com (GodspeedGame and/or By Aliens) promptly of any changes to your credit card account number, its expiration date and/or your billing address, or your PayPal or other payment account number, and you agree to notify spellwagon.com (GodspeedGame and/or its affiliates) promptly if your credit card or PayPal or other payment account expires or is canceled for any reason.
If your use of spellwagon.com or your purchase of digital goods on spellwagon.com is subject to any type of use or sales tax, then spellwagon.com may also charge you for those taxes, in addition to the Subscription or other fees published. All fees on spellwagon.com in the European Union and the United Kingdom include the EU or UK VAT ("VAT") tax. VAT amounts collected by Godspeed Games and/or By Aliens reflect VAT due on the value of any Content and Services or Subscription.
You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on game content, to order or purchase at pricing not applicable to your geography, or for any other purpose. If you do this, Spellwagon.com, Godspeed games and/or By Aliens may terminate your access to your Account, including the product (“game”) to which you are linked.
B. Responsibility for Charges Associated With Your Account
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all orders or purchases made by you or anyone that uses your Account, including your family or friends. If you cancel your Account, Spellwagon.com reserves the right to collect fees, surcharges or costs incurred before cancellation. Any delinquent or unpaid Accounts must be settled before Spellwagon.com will allow you to register again.
C. Trading and Transactions of Subscriptions Between Subscribers
You understand and acknowledge that spellwagon.com hereinafter Godspeed Games and/or its affiliate do not have any obligation to provide or maintain any Subscription Marketplace. Spellwagon.com may decide to cease operation of any Subscription Marketplace, change the fees that it charges or change the terms or features of the spellwagon.com Subscription Marketplace. You will be notified of any substantial change to the terms or availability of the Subscription Marketplace in a timely fashion before the entry into force of the change, except in cases of force majeure, Subscriber's fault or third party event outside of spellwagon.com control.
You also understand and acknowledge that Subscriptions traded, sold or ordered in any Subscription Marketplace are license rights, that you have no ownership interest in such Subscriptions, and that Spellwagon does not recognize any transfers of Subscriptions (including transfers by operation of law) that are made outside of spellwagon.com.
D. Third-Party Sites
Spellwagon.com may provide links to other third-party sites. Some of these sites may charge separate fees, which are not included in and are in addition to any Subscription or other fees that you may pay to spellwagon.com. Spellwagon.com may also provide access to third-party vendors, who provide content, goods and/or services on spellwagon.com or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. Spellwagon makes no representations or warranties, either express or implied, regarding any third party site. In particular, spellwagon makes no representation or warranty that any service or subscription offered via third-party vendors will not change or be suspended or terminated.
E. Refunds and Right of Withdrawal
Without prejudice to any statutory rights you may have, you can request a refund for your orders or purchases on spellwagon.com, through and in accordance with the terms of our payment partner Xsolla Refund Policy https://xsolla.com/refund-policy
For European Union and United Kingdom consumers:
EU and UK law provides a statutory right to withdraw from certain contracts for physical merchandise and for the order of digital content. You can find more information about the extent of your statutory right to withdraw and the ways you can exercise it on this page: https://xsolla.com/refund-policy - Section 7A
4. Cheating and Tampering
Your online conduct and interaction with other Subscribers must comply with the spellwagon.com terms of service.
Depending on terms of use imposed by third parties who host particular games or other services, additional requirements may also be provided in the Subscription Terms applicable to a particular Subscription.
Spellwagon.com may include functionality designed to identify software or hardware processes or functionality that may give a player an unfair competitive advantage when playing multiplayer versions of any Content and Services or modifications of Content and Services ("Cheats"). You agree that you will not create Cheats or assist third parties in any way to create or use Cheats. You agree that you will not directly or indirectly disable, circumvent, or otherwise interfere with the operation of software designed to prevent or report the use of Cheats.
You agree that you will not tamper with the execution of spellwagon.com or Content and Services unless otherwise authorized by Godspeed Game and/or By Aliens. You acknowledge and agree that either Godspeed Games and/or By Aliens or any host of an online multiplayer game having offers distributed through spellwagon.com ("External Host") may refuse to allow you to participate in any of the games promoted on spellwagon.com if you use Cheats or tamper with the execution of spellwagon.com or the Content and Services.
Further, you acknowledge and agree that External Hosts may report your use of Cheats or unauthorized process tampering to spellwagon.com, and that spellwagon may communicate your history of use thereof to External Hosts within the boundaries of the spellwagon.com Privacy Policy.
Spellwagon.com may restrict or terminate your Account or a particular Subscription for any conduct or activity that is illegal, constitutes a Cheat, or breaches the spellwagon.com terms of service which would extend to the games promoted on Spellwagon.com and and provided by Godspeed Games and/or By Aliens. You acknowledge that spellwagon.com is not required to provide you notice before terminating your Subscription(s) and/or Account.
You may not use Cheats, automation software (bots), mods, hacks, or any other unauthorized third-party software, to modify or automate any marketplace process, the process of spellwagon.com account creation or otherwise in interacting with or controlling the processes or user interface of spellwagon.com, except to the degree expressly permitted.
5. Third-Party Content
In regard to all Subscriptions, Content and Services that are not authored by Godspeed Games, Godspeed Games does not screen such third-party content available on spellwagon.com or through other sources. Spellwagon.com hereinafter Godspeed Games and/or its affiliates assumes no responsibility or liability for such third party content, unless to the extent provided by mandatory law.
6. Disclaimers; Limitation of Liability; No Guarantees; Limited Warranty & Agreement
Prior to acquiring a Subscription, you should consult the product information made available on spellwagon.com.
A. Disclaimers
To the maximum extent permitted by applicable law, spellwagon.com herein Godspeed Games, By Aliens and service providers expressly disclaim (a) any warranty for spellwagon.com, the content and services, and the subscriptions, and (b) any common law duties with regard to spellwagon.com, the content and services, and the subscriptions, including duties of lack of negligence and lack of workmanlike effort. Spellwagon.com, the content and services, the subscriptions, and any information available in connection therewith are provided on an "as is" and "as available" basis, "with all faults" and without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non infringement. Any warranty against infringement that may be provided in the commercial laws of the Federal Republic of Germany is expressly disclaimed. Also, there is no warranty of title, non-interference with your enjoyment, or authority in connection with spellwagon.com, the content and services, the subscriptions, or information available in connection therewith.
Any warranty against infringement that may be provided is expressly disclaimed under the laws of the Federal Republic of Germany.
B. Limitation of Liability
To the maximum extent permitted by applicable law, neither spellwagon.com, its licensor, nor their affiliates, nor any of the spellwagon’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use spellwagon.com, your account, your subscriptions and the content and services including, but not limited to, loss of goodwill, work stoppage, computer/device failure or malfunction, or any and all other commercial damages or losses. In no event will spellwagon.com, its licensor, nor their affiliates, be liable for any indirect, incidental, consequential, special, punitive or exemplary damages, or any other damages arising out of or in any way connected with spellwagon.com, the content and services, the subscriptions, and any information available in connection therewith, or the delay or inability to use the content and services, subscriptions or any information, even in the event of spellwagon’s or its affiliates’ fault, tort (including negligence), strict liability, or breach of spellwagon’s warranty and even if it has been advised of the possibility of such damages. These limitations and liability exclusions apply even if any remedy fails to provide adequate recompense.
C. No Guarantees
To the maximum extent permitted by applicable law, neither spellwagon nor its affiliates guarantee continuous, error-free, virus-free or secure operation and access to spellwagon.com, the content and services, your account and/or your subscription(s) or any information available in connection therewith.
7. Amendments to this Agreement
PLEASE NOTE: If you are a consumer with a place of residence in Germany, a different version of Section 7 applies to you, which is available here.
A. Mutual Amendment
This Agreement may at any time be mutually amended by your explicit consent to changes proposed by SPELLWAGON.COM AND ITS LICENSOR AND/OR AFFILIATE
B. Unilateral Amendment
Furthermore, Godspeed Games on its own will or at the request of its affiliate may amend this Agreement (including any Subscription Terms or Rules of Use) unilaterally at any time in its sole discretion. In this case, you will be notified by e-mail of any amendment to this Agreement made by Godspeed Games and/or By Aliens at least 30 (30) days before the effective date of the amendment. Your failure to cancel your Account prior to the effective date of the amendment will constitute your acceptance of the amended terms. If you don’t agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your Account or to cease use of the affected Subscription(s). Spellwagon.com shall not have any obligation to refund any fees that may have accrued to your Account before cancellation of your Account or cessation of use of any Subscription, nor shall spellwagon.com have any obligation to prorate any fees in such circumstances.
8. Term and Termination
A. Term
The term of this Agreement (the "Term") commences on the date you first indicate your acceptance of these terms, and will continue in effect until otherwise terminated in accordance with this Agreement.
B. Termination by You
You may cancel your Account at any time. You may cease use of a Subscription at any time or, if you choose, you may request that spellwagon.com terminate your access to a Subscription. However, Subscriptions are not transferable, and even if your access to a Subscription for a particular game or application is terminated, the original activation key (OTP) will not be able to be registered to any other account. Your cancellation of an Account, or your cessation of use of any Subscription or request that access to a Subscription be terminated, will not entitle you to any refund, including any Subscription fees. In the case of pending transactions, spellwagon.com reserves the right to collect fees, surcharges or costs incurred prior to the cancellation of your Account or termination of your access to a particular Subscription.
C. Termination by Spellwagon.com
Spellwagon may restrict or cancel your Account or any particular Subscription(s) at any time in the event that (a) Spellwagon ceases providing such Subscriptions to similarly situated Subscribers generally, or (b) you breach any terms of this Agreement. In the event that your Account or a particular Subscription is restricted or terminated or canceled by Spellwagon.com and/or its Licensor for a violation of this Agreement or improper or illegal activity, no refund from previous registered activity will be granted.
D. Survival of Terms
Sections 2.B., 2.C., 2.D., 3.A., 3.B., 3.C., 3.E., and 5 - 11 will survive any expiration or termination of this Agreement.
9. Applicable Law & Jurisdictiom
For All Subscribers Outside the European Union and United Kingdom:
You and Spellwagon.com agree that this Agreement shall be deemed to have been made and executed in the Federal Republic of Germany, and Germans law, excluding conflict of laws principles and the Convention on Contracts for the International Sale of Goods, governs all claims arising out of or relating to: (1) any aspect of the relationship between us; (2) this Agreement; or (3) your use of spellwagon.com, your Account or the Content and Services ; you and Godspeed Games agree that any claim asserted in any legal proceeding shall be commenced and maintained exclusively in the Federal Republic of Germany. You and Spellwagon hereby consent to the exclusive jurisdiction of such courts. In any dispute arising out of or relating to this Agreement, your use of spellwagon.com, your account, or the Content and Services, the prevailing party will be entitled to attorneys’ fees and expenses.
For EU and UK Subscribers:
This Agreement is governed by the law of the country where you have your habitual residence
In the event of a dispute relating to the interpretation, the performance or the validity of the Subscriber Agreement, an amicable solution may be sought before any legal action. You can file your complaint at support@spellwagon.com. The European Commission also provides an Online Dispute Resolution website for EU consumers at https://ec.europa.eu/consumers/odr.
Participation in this website is not available to US companies, which is why spellwagon.com, its licensor and affiliate, are not registered there. However, insofar as your complaint concerns the behavior of Spellwagon’s data protection representative Godspeed Games and/or By Aliens you can file your complaint there: support@spellwagon.com
10. Dispute & Arbitration
This Section 10 shall apply to the maximum extent permitted by applicable law.
European Consumer or Consumer based in Norway, Iceland, or Liechtenstein can use the platform that has been made available by the European Union for resolving disputes stemming from contracts which have been entered into online. (Section 9)
Consumers out of the EU may utilize the arbitration process identified in this section 10 or you may address their claim to a court of the Federal Republic of Germany to resolve their dispute.
Most user concerns can be resolved by use of our spellwagon.com support - support@spellwagon.com
If a common solution / agreement can not be established between you and spellwagon.com, its licensor and affiliate, this section explains how the parties have agreed to resolve it.
A. Arbitration - Coverage & Exceptions
You and spellwagon agree to resolve all disputes and claims between us in individual binding arbitration. That includes, but is not limited to, any claims arising out of or relating to: any aspect of the relationship between us ;this agreement ; or your use of spellwagon, your account, the content and services.
However, this Section 10 does not apply to the following types of claims or disputes, which you or Spellwagon.com may bring in any German court with jurisdiction: (1) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; and (2) claims related to or arising from any alleged unauthorized use, piracy, or theft.
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. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. You understand that you and spellwagon.com and/or its licensor and affiliate are giving up the right to sue in court and to have a trial before a judge or jury.
B. Informal Resolve of Dispute
You and Spellwagon.com agree to make reasonable, good faith efforts to informally resolve any dispute before initiating arbitration. A party who intends to seek arbitration must first send the other a written notice that describes the nature and basis of the claim or dispute and sets forth the relief sought. If you and spellwagon.com and/or its licensor and affiliate do not reach an agreement to resolve that claim or dispute within thirty (30) calendar days after the notice is received, you or spellwagon.com may commence an arbitration.
C. Arbitration Rules
The Laws of the Federal Republic of Germany apply to this Section 10 as far as your country’s laws permit. The arbitration will be governed and administered by the German Arbitration Institute (DIS) for arbitration on the basis of a valid agreement to do so. Rules are available https://www.disarb.org/en/tools-for-dis-proceedings/dis-rules. The arbitrator is bound by the terms of this Agreement.
D. Individual Binding Arbitration Only
You and spellwagon.com hereinafter its licensor, Godspeed games, agree not to bring or participate in a class or representative action or class, collective, or representative arbitration, even if DIS’s rules would otherwise allow one. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent of that party’s individual claim. You and Godspeed Games also agree not to seek to combine any action or arbitration with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations.
This Agreement does not permit class, collective, or representative arbitration. A court has exclusive authority to rule on any assertion that it does.
11. Micellaneous
Except as otherwise expressly set forth in this Agreement, in the event that any provision of this Agreement shall be held by an arbitrator, court, or other tribunal of competent jurisdiction to be illegal or unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement shall remain in full force and effect. This Agreement, including any Subscription Terms, Rules of Use, Godspeed Games Privacy Policy, By Aliens Privacy Policy, constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.
Spellwagon.com licensor hereinafter Godspeed Games Solution Private Limited obligations are subject to existing laws and legal process and Godspeed Games may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term.
You agree to comply with all applicable Digital Business laws and regulations. You agree not to alter the Content and Services or allow use of your Account by individuals of any countries functioning against the applied regulations of those terms and therefore restricted by The Federal Ministry for Digital and Transport (BMWK - GERMANY) and the laws of the European Union. You represent and warrant that you are not located in, under the control of, or a national or resident of any such prohibited country.
This Agreement was last updated on January 1st, 2024 ("Revision Date"). If you were a Subscriber before the Revision Date, it replaces your existing agreement with Spellwagon.com and/or Godspeed Game Solution Private Limited and Its Affiliate on the day that it becomes effective according to Section 7 above.