Breakout Games Terms & Conditions, including Official Rules for Sweepstake & Instant Win

No Purchase Necessary

IMPORTANT—READ CAREFULLY: These terms and conditions constitute a legal contract, hereafter referred to as the “Agreement,” between “You,” the user (either an individual or a single business entity) and Earn Real Money LLC (“Breakout Games” or “LICENSOR”) for the use of the website hosted and maintained at https:// breakoutgamesapp.com and related sites that are now available or that may be available in the future (collectively the “Site”), which includes mobile app, computer software and, as applicable, associated media, printed materials, online or electronic documentation, advertisements, and any other content accessible at or related to https://breakoutgamesapp.com (collectively, “Content”), which is made available for use with the Breakout Games™ information service (the “Breakout Games Service”).

BY USING THE BREAKOUT GAMES SERVICE OR THE SITE, YOU AGREE TO BE BOUND BY THE THIS AGREEMENT, INCLUDING WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE OR THE BREAKOUT GAMES SERVICE.

OFFICIAL RULES

Breakout Games is a No Purchase necessary Site that provides Site users with free games and chances to win sweepstakes.  BREAKOUT GAMES is in no way affiliated with Apple, Inc or Google, Inc.  BREAKOUT GAMES, sweepstakes, and its winnings are void where prohibited and where any bonding or registration is required.

  1.              PROMOTION LENGTH AND DESCRIPTION: The Breakout Games Promotion (the “Promotion”) begins on or about November 1, 2021 and ends on December 31, 2023 at 11:59:59 p.m. ET (the "Promotion Period").  Participation in the Promotion does not constitute participation in any other promotion, contest or sweepstakes.  By participating in the Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Earn Real Money LLC (“Sponsor”), which shall be final and binding in all respects.

 

  1.              ELIGIBILITY:  Only legal United States residents residing in the fifty (50) United States and Washington D.C., as well as residents in Canada and United Kingdom, who are thirteen (13) years of age or older are eligible to participate. Employees, officers and directors of BREAKOUT GAMES, and each of their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies (collectively, the “Promotion Entities”) and the immediate family members, and/or those living in the same household of each.  Sweepstakes is void where prohibited by law.
     
  2.              HOW TO ENTER AND PLAY: Sweepstakes can be accessed through mobile device and can be played at no cost.  Through usage, users can collect sweepstakes entries, and become eligible to win a prize designated on the sweepstakes. 
     
  3.              PRIZES: Each sweepstakes will have the prize amounts listed prior to each entry. 
     
  4.              HOW TO CLAIM PRIZES: All prize winnings will be listed each user accounts balance and will be updated accordingly.  You may use the cashout functionality to redeem prizes, which will provide redemption options.
     
  5.               PRIZES/ODDS:

Game Names

Max Prize

Odds

Max number of Winners

VIP Daily Cards

$10,000

2,488,900

1

VIP Cards, Bonus Cards

$1,000

481,530

1

VIP II Card

$100

73,960

50

VIP III Card

$10

14,793

500

VIP IV Card

$5

7,396

1000

VIP V Card

$2

2,958

2000

VIP VI Card

$1

1,479

4000

VIP VII Card

$0.50

739

4000

VIP VIII Card

$0.25

369

5000


GENERAL PRIZE CONDITIONS: Any prize winner shall be solely responsible for all federal, state, and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize.  Any potential prize winner may be required to sign and have notarized an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”).  If winner fails or refuses to sign and return all Prize Claim Documents within ten (10) days of prize notification (or a shorter time if required by exigencies), winner may be disqualified.
 

  1.              GENERAL: Acceptance of a prize constitutes prize winner’s permission for Sponsor and its designees to use prize winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation.  Entrants agree that the BREAKOUT GAMES shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose.  BREAKOUT GAMES assumes no responsibility for any damage to an entrant’s or any other person’s computer system or wireless phone which is occasioned by participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature.  Without limiting the generality of the foregoing, BREAKOUT GAMES is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.  BREAKOUT GAMES reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.  No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted.  Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein.  Sponsor reserves the right to modify these Official Rules accordingly to reflect any such changes and will post notice regarding same.  In the event Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. These Official Rules cannot be modified or amended in any way except in a written document issued by a duly authorized representative of Sponsor.  The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision.  In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
     
  2.              GOVERNING LAW/JURISDICTION:  ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF TEXAS WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.

I. Access and Services

A. Access to the Site

BREAKOUT GAMES grants You a limited, personal, revocable, non-transferable, and non-exclusive license to access the Site and its Content. Content may not be copied, distributed, modified, published, or transmitted in any other manner, including for use for creative work or to sell or promote other products. Any access to the Site or its Content except in accordance with this Agreement is prohibited.

Systematic retrieval of data from the Site to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of BREAKOUT GAMES is strictly prohibited. When retrieving information from the Site, You are prohibited from using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for a normal browser; aggregating, copying or duplicating any of the materials or information available from the Site except for the small amount of materials and information temporarily required for and Your use of the Site; or accessing data not intended for You.

BREAKOUT GAMES operates the Site for its own commercial purposes. Your use of the Site is at the sole discretion of BREAKOUT GAMES, which may deny You further use of the Site at any time, for any reason or no reason, with or without cause. Your use of the Site does not entitle You to continued use of the Site.

B. Breakout Games Apps

BREAKOUT GAMES may provide software in conjunction with the Service or for other purposes. Software provided by BREAKOUT GAMES is governed by an end-user license agreement, which you must accept before installing or using the software.

Malfunction Voids All Pays and Plays.

C. Prohibited Conduct

1. Streaming Media

BREAKOUT GAMES may provide, from time to time, streamed Content, such as audio, video, or other multimedia. While this Agreement grants You a license to access such Content on a streaming basis, creating a local copy of such Content on Your hard drive or other permanent storage device, except to the extent necessary to operate a streaming media player, is a violation of this Agreement and of United States and international copyright law.

2. Digital Rights Management

You agree that You will not use any device, software or routine to bypass any code which may be included to prevent You from breaching the obligations in this paragraph or to interfere or attempt to interfere with the proper working of the Site. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure. You agree not to break, counteract, disable, disrupt, or otherwise hinder, or attempt to break, counteract, disable, disrupt, or otherwise hinder, any encryption, digital rights management (DRM) or other access restriction or control mechanism attached to any Content received from the Site. Doing or attempting to do any of the foregoing is a violation of this Agreement, and may be actionable under the Digital Millennium Copyright Act (DMCA), regardless of other fair use or other statutory or other common law rights. Your obligations under this section shall survive the termination of this Agreement.

3. Other Prohibited Acts

Your use of the Site must always comply with applicable law. In particular, but without limitation, You agree and represent not to use the Site to:

(a) impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with any person or entity;

(b) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(c) upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(d) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment;

(e) post chain letters or pyramid schemes; harvest or otherwise collect information about others (including email addresses) without their consent; or post the same information more than once or “spam;”

(f) use automated scripts to collect information from or otherwise interact with the Site;

(g) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

(h) engage in activities that violate United States antitrust laws or otherwise constitute restraint of trade or price fixing;

(i) boycott products or services; or

(j) use of any VPN or emulators.

BREAKOUT GAMES may, at its sole option, provide message boards, forums, or other social networking tools on the Site from time to time. The provision of such tools is no guarantee of their continued provision, and BREAKOUT GAMES makes not guarantee that they will be maintained or that any user-generated content will be retained for any period of time. By providing any user-generated content, You automatically grant BREAKOUT GAMES a perpetual, royalty-free, fully-paid, non-exclusive, irrevocable, worldwide license to Your user-generated content for use on the Site forever. You are responsible for making sure all information and materials that You originate or require are properly backed up so that You have ready access thereto in the event of loss, corruption or interruption of the Site or the BREAKOUT GAMES Service.

WARNING: It is possible that other users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials on the Site and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Site, and that the recipient may use such information to harass or injure You. BREAKOUT GAMES is not responsible for the use of any information that You may choose to disclose publicly through the Site. Please carefully select the type of information that You post publicly on the Site or release to others. Opinions, advice, statements, offers, or other information or content made available through the Site, but not directly by BREAKOUT GAMES, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. You agree to take normal precautions when meeting individuals in person that You have made contact with through the Site.

D. Cancellation of Rewards

BREAKOUT GAMES may, in its sole discretion with or without notice and for whatever reason, cancel any credits and coins upon the occurrence of any of the following: (i) if the account has been inactive for 90 consecutive days, (ii) if the account or user has been found to violate the Terms and Conditions outlined in this document, and/or (iii) if there was a malfunction of the services/product.

E. Privacy

As part of its effort to provide the best possible Content and to increase the value and utility of the BREAKOUT GAMES Service, BREAKOUT GAMES may collect information about You. BREAKOUT GAMES takes the issue of internet privacy very seriously. Use of Your data is governed by the BREAKOUT GAMES Privacy Policy.

II. Amendment

A. Updates

BREAKOUT GAMES may, at its sole discretion, update this Agreement from time to time. If You do not agree to the new terms and conditions, Your sole recourse and remedy will be to cease use of the Site and the BREAKOUT GAMES Service. Your use of the Site or the BREAKOUT GAMES Service after the date that the changes becomes effective shall constitute Your acceptance of this Agreement, as modified.

B. Entire Agreement

This Agreement is the entire agreement between You and BREAKOUT GAMES, and may not be modified except in writing signed by BREAKOUT GAMES. You agree that nobody has any authority, actual or apparent, as an agent of BREAKOUT GAMES, to modify this Agreement other than in writing.

C. Assignment

BREAKOUT GAMES may assign, delegate, or transfer its rights and responsibilities under this Agreement. You may not assign, delegate, transfer, license, sub-license, or otherwise convey all or part of Your rights or responsibilities under this Agreement.

D. Reformation

Each term, condition, covenant, provision, or other part of this Agreement is separate, distinct, and severable from every other term, condition, covenant, provision or other part of this Agreement. In the event that any term, condition, covenant, provision or other part of this Agreement is found to be void, voidable, unenforceable, or otherwise ineffective, the same shall be reformed to substantially affect the parties’ intents as closely as possible, and shall have no effect on any other term, condition, covenant, provision, or other part of this Agreement.

III. Relationships

A. Third Parties

BREAKOUT GAMES may provide Content from third parties (“Third Party Content”), including from advertisers, media producers, and others. Unless otherwise specifically noted, BREAKOUT GAMES has no relation to those third parties whatsoever except for the contractual relationship or relationships under which BREAKOUT GAMES provides the Third Party Content. BREAKOUT GAMES accepts no responsibility whatsoever for the Third Party Content, including for its accuracy, suitability, legality, or propriety.

Neither You nor BREAKOUT GAMES enter into this Agreement on behalf of or for the benefit of any third party, and no third-party beneficiaries are intended.

B. Between BREAKOUT GAMES and You

This Agreement does not create an agency, partnership, joint venture, or any other business or legal relationship between You and BREAKOUT GAMES except as unaffiliated contracting parties.

The Website and the Service are provided FOR ENTERTAINMENT PURPOSES ONLY, and are not a substitute for or supplement to your own exercise of due care. BREAKOUT GAMES makes no warranties or representations about the quality or consistency of any data. You agree to verify for yourself any data or information provided by BREAKOUT GAMES. YOU EXPRESSLY ASSUME THE RISK THAT DATA, TRACKING, OR INFORMATION PROVIDED OR RETRIEVED BY BREAKOUT GAMES OR THROUGH Breakout Games IS INCORRECT. The terms of this section supplement and do not supersede the other limitations in this article.

IV. Intellectual Property

A. Copyright

The Site includes Content that is protected by the United States copyright laws and international treaties. Any portion of the Site that includes the © symbol or the word “copyright” or an abbreviation thereof followed by the name “BREAKOUT GAMES LLC” or any variation thereof is owned and copyrighted by BREAKOUT GAMES. You have no license to use, view, access, copy, or otherwise exploit such Content except as expressly granted by this Agreement.

All other copyrighted material is the property of its respective owners. BREAKOUT GAMES respects the copyrights of third parties and does not condone or encourage the violation of the same.

Pursuant to the Digital Millennium Copyright Act (DMCA) BREAKOUT GAMES has registered an agent to receive copyright claims (“Designated Agent”). You may notify BREAKOUT GAMES of alleged intellectual property rights infringement by contacting our Designated Agent at:

Earn Real Money LLC

Attn: DMCA

13760 Noel Rd. Ste 855

Dallas, TX 75240

Please be aware that, in order to be effective, Your notice of claim must comply with the detailed requirements set for the in the DMCA. You are encouraged to review them (see 17 U.S.C. § 512(c)(3)) before sending Your claim.

Upon receipt of notice of claimed infringement, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.

Please do not send any other communications to the Designated Agent, who is appointed solely for the purposes of receiving notices of copyright claims under the DMCA.

B. Trademarks

You may find both BREAKOUT GAMES trademarks and third-party trademarks on or in relation to the Site. The presence of a third-party trademark does not imply that BREAKOUT GAMES is affiliated with the owner of the trademark. BREAKOUT GAMES does not grant You any license or permission to use its own or third parties’ trademarks.

C. Patents

Certain aspects of the BREAKOUT GAMES Service, the Site, the Content, or other related items may be covered by U.S. and international patents and pending patents (collectively, “Patents”). BREAKOUT GAMES does not grant to You or imply a license to any of the Patents, except to the extent necessary to permit You to interact with the Site and the BREAKOUT GAMES Service according to the terms of this Agreement.

V. Termination

A. Automatic Termination

You agree that all of the terms and conditions of this Agreement are material to this Agreement, and that Your breach or threatened breach of any part of this Agreement or failure to abide by any term of this Agreement will cause BREAKOUT GAMES immediate and irreparable harm. Any such breach or failure will immediately and automatically terminate this Agreement.

B. Termination by Notice

Either party may terminate this Agreement at any time, for any reason or no reason, by sending notice of the termination to the other party. Any notice of termination shall be effective immediately when delivered.

C. Effect of Termination

You agree that upon any termination of this Agreement, You no longer have any license whatsoever to view, use, copy, or otherwise access the Site, Content, or the BREAKOUT GAMES Service. You agree that, immediately upon termination, any viewing, using, copying, or otherwise accessing the Site, Content, or BREAKOUT GAMES Service shall not be a mere breach of contract, but shall constitute a violation of the copyright in the Site, Content, and/or BREAKOUT GAMES Service.

VI. Warranty Provisions

A. Acceptance

You warrant and represent that You are legally competent to enter into this Agreement. You warrant and represent that You have read this Agreement in its entirety, that You have had adequate opportunity to consult with legal counsel of Your own choosing, that if You have not consulted with legal counsel that You have decided consciously and voluntarily not to consult counsel, and that You are or were of right mind when You do or did accept this Agreement. You further warrant and represent that You enter into this Agreement without duress, coercion, or undue influence, and that there has been no unconscionable conduct on the part of either party. You agree that the terms and conditions of this Agreement are reasonable and freely bargained for, and You waive any argument that any term or condition of this Agreement is unconscionable.

The terms of this section survive termination of this Agreement.

B. Warranty Disclaimers

1. You EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOU USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BREAKOUT GAMES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, BREAKOUT GAMES’S EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.

(b) BREAKOUT GAMES ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE SITE OR ANY USER COMMUNICATIONS.

(c) BREAKOUT GAMES IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE, WHETHER CAUSED BY USERS OF THE SITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE.

(d) BREAKOUT GAMES MAKES NO WARRANTY THAT:

(i) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,

(ii) THE SITE WILL HAVE ANY PARTICULAR UPTIME OR MEET ANY RELIABILITY MEASURES,

(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR

(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET Your EXPECTATIONS.

(e) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE DEVICES, SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(f) NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BREAKOUT GAMES OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

The terms of this section survive termination of this Agreement.

C. Limitations and Exclusions of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BREAKOUT GAMES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR ANY AND ALL LOSSES, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BREAKOUT GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

(a) THE USE OR THE INABILITY TO USE THE SITE;

(b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

(c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE;

(d) ANY HACKING ATTEMPT THAT MAY LEAD TO THE DATA BEING COMPROMISED;

(e) THE FACT THAT YOU HAVE RELIED ON INFORMATION FROM THIS SITE, INCLUDING WITHOUT LIMITATION INFORMATION RELATED TO SERVICES WITHIN THE APP; OR

(f) ANY OTHER MATTER RELATING TO THE SITE.

IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE. NOTWITHSTANDING THE FOREGOING, BREAKOUT GAMES’s LIABILITY TO YOU SHALL NOT EXCEED $500 IN ANY CASE, WHETHER SOUNDING IN TORT, CONTRACT, OR ANY OTHER THEORY. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST BREAKOUT GAMES ARISING OUT OF THE USE OF THE SITE OR ARISING UNDER THIS AGREEMENT.

BREAKOUT GAMES SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS Site.

The terms of this section survive termination of this Agreement.

VII. Survival

Any term of this Agreement that expressly indicates that it will survive the termination of the Agreement, or that by its nature implies that it is intended to or reasonably should survive this Agreement, shall survive the termination of this Agreement by either party.

VIII. Disputes

A. Forum and Venue

BREAKOUT GAMES’s principal office is in the State of Texas and the Site is controlled by BREAKOUT GAMES from its offices within the State of Texas, United States of America. The Site can be accessed from all 50 states, as well as from other countries around the world. As each of these jurisdictions has laws and regulations that may differ from those of Texas, by accessing the Site both You and BREAKOUT GAMES agree that the statutes and laws of the State of Texas, without regard to conflicts of law principles thereof, will apply to all matters relating to use of this Site, Content, the BREAKOUT GAMES Service, or this Agreement (whether grounded in tort, contract, or any other theory in law or equity). An exception is that BREAKOUT GAMES has the option to elect to proceed in whole or in part against You in any court of competent jurisdiction in the state in which You are located if BREAKOUT GAMES decides that doing so will be a more expedient way to resolve a dispute. BREAKOUT GAMES proceeding in part in a court in Your state does not waive the venue and jurisdictional agreements herein concerning other parts of the dispute or other disputes.

Your actual or threatened breach of any term of this Agreement will cause BREAKOUT GAMES immediate, great, and irreparable injury without adequate remedy at law. You expressly agree that a prima facie or presumptive initial showing of an actual or threatened breach of this Agreement by You entitles BREAKOUT GAMES, in addition to BREAKOUT GAMES’s other remedies and without waiving any of BREAKOUT GAMES’s rights and without a showing of actual damages, to a temporary or preliminary injunction restraining the violation upon posting a $500 bond, and to a permanent injunction upon the actual or threatened breach being ultimately established.

This contract is fully performable in Dallas County, Texas. Any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Dallas County, Texas. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.

The terms of this section survive termination of this Agreement.

B. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS BREAKOUT GAMES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF BREAKOUT GAMES OR THIS AGREEMENT, OR ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS SITE.

The terms of this section survive termination of this Agreement.

IX. Notice

A. To You

Certain provisions of this Agreement may permit or require BREAKOUT GAMES to give notice to You. You will be required to provide a valid and working e-mail address to sign up for the BREAKOUT GAMES Service or to access certain portions of the Site. You represent and warrant that this e-mail address is valid and that it is one You check regularly. You hereby designate the e-mail address as the address at which You are to receive any notice permitted or required by this Agreement. If you do not provide a valid e-mail address as described in this paragraph, BREAKOUT GAMES’s duty to provide notice to you, if any, is fulfilled by publishing appropriate notice on the Site. Any such notice will be considered delivered to and received by You immediately upon delivery of an e-mail containing the notice to the e-mail address or publication on the Site, even if You do not receive, check, or read the e-mail or the notice on the Site, the notice is intercepted by a spam filter or other similar program, or BREAKOUT GAMES receives a message indicating that the transmission failed or that the e-mail address is invalid or no longer operational. It is Your responsibility to ensure that You receive notices.

B. To BREAKOUT GAMES

Certain provisions of this Agreement may permit or require You to give notice to BREAKOUT GAMES. Such notices may be provided via e-mail to support@breakoutgamesapp.com except where a specific provision states otherwise, or via regular mail. An e-mail message will be considered delivered only if sent to the address above and only if the subject line contains the text “[BREAKOUT GAMES LEGAL]” exactly as shown within the foregoing quote marks. A regular mail message will be considered delivered when actually received at the following address:

Earn Real Money LLC

Attn: DMCA

13760 Noel Rd. Ste 855

Dallas, TX 75240

X. Effective Date

This Agreement is effective when accepted by and only upon the acceptance of BREAKOUT GAMES. BREAKOUT GAMES manifests its acceptance by providing You with a user account or by continuing to provide You with the Site or Service.