Welcome to Digital Bandidos!

Digital Bandidos Inc., and our subsidiaries that make up the Digital Bandidos group of companies, is a global publishing company of interactive entertainment headquartered at 11479 S. Pine Dr., Parker, CO 80134, United States (“Digital Bandidos”, “we”, “us” or “our”). These Terms & Conditions (“Terms”) cover the terms and conditions by which we offer you access to use our websites, user accounts, games, mobile apps, downloadable content (“DLC”), digital assets, in-game purchases, subscriptions and other services provided by us (collectively, “Services”). These Terms constitute a legal agreement between you and Digital Bandidos. By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

The purchase, download, installation, and use of our Services are subject to our Privacy Policy (“Privacy Policy”) located at https://digitalbandidos.com/privacy_policy/ and End User License Agreement (“EULA”) located at https://digitalbandidos.com/eula/.

Nothing in these Terms is intended to limit or exclude the application of any mandatory consumer laws in your jurisdiction of residence. If you do not agree to these Terms, you are not permitted to use our Services.

Please read these Terms carefully, and pay particular attention to the following sections:

• Community Guidelines. Your use of our Services includes the obligation and responsibility to help us ensure that our social and online gaming experiences are inclusive and respectful for all users and our employees and contractors. You must follow the rules in Section VI while using the Services.
• Dispute Resolution. If you are in the United States, please review the binding arbitration clause and class action waiver in Dispute Resolution in Section XIII. It affects how disputes between us are resolved.

I. Your Use of Our Services

A. Age Confirmation

In these Terms, the terms “you” and “your” refers exclusively to the individual engaging with our Services. By accessing and using our Services, you confirm that you are either an adult of legal age in your country or have permission from your parent or guardian. If you are under the legal age, your parent or guardian must agree to these Terms on your behalf, and both you and your guardian are responsible for your use of the Services and all actions associated with your Account.

Certain features of the Services, such as online multiplayer, in-game purchases, and social interactions, may have additional age requirements or limitations and may not be available if you are under the legal age of majority. Providing false information about your age or consent is a violation of these Terms and may result in the loss of access to our Services.

We comply with relevant privacy protection regulations, including the Children’s Online Privacy Protection Act (“COPPA”), the General Data Protection Regulation (“GDPR”), and the California Consumer Privacy Act (“CCPA”). We do not knowingly collect personal information from individuals below the minimum age defined by COPPA or similar regulations. If we discover that we have collected such information, we will take immediate steps to delete it. If you believe we have any data from or about an individual below the age threshold for your jurisdiction, please contact us at  contact@digitalbandidos.com, and we will promptly take the necessary steps to remove all such data.

You are solely responsible for all actions taken through your use or access of our Services, including compliance with these Terms. Digital Bandidos disclaims any responsibility for use of our Services by individuals not meeting the specified age requirements.

B. Privacy Policy

The personal information you supply to us, including purchasing information, along with any information that we obtain through your use of our Services are subject to our Privacy Policy. Your use of our Services signifies your continued consent to our data collection practices, as identified on our Privacy Policy, and reviewable at https://digitalbandidos.com/privacy_policy/.

C. Your Account

Some elements of our Services may require that you create an Account, whereas for other Services, an Account may be automatically created for you when you access our Services for the first time (each an “Account”). To create an Account, you may be asked to provide your age information and country/region, and then provide an email address, a username, a password, and such other information as we may deem necessary in connection with the creation of your Account, all of which will be processed and stored in accordance with our Privacy Policy, available at https://digitalbandidos.com/privacy_policy/. You must provide accurate, current, and complete information about you when creating an Account. You are responsible for keeping your Account username and password secret. You also agree not to sell, transfer, or share your Account, or your Account’s username or password, and you agree to notify us immediately if you suspect any unauthorized use of your Account. We have the right to deny the creation of any Account, for any legitimate reason, and we reserve the right to terminate any Account that violates these Terms in accordance with the termination provisions below and to delete any Account information in accordance with our Privacy Policy.

D. Term & Termination

Unless modified or amended by us, these Terms shall remain in full force and effect. Termination of any license granted by us under these Terms does not affect any other provisions of these Terms. We reserve the right to terminate your use of our Services if you violate these Terms, our Privacy Policy, our End User License Agreement (“EULA”), any rule or guideline posted through our Services, or for any other reason in our sole discretion.

You acknowledge that:

1. We may in our sole and absolute discretion provide subsequent amendments, versions, enhancements, modifications, upgrades, or patches related to any part of our Services;
2. We have absolute and sole discretion to immediately terminate or restrict access to our Services, or any portion of our Services at any time, for any reason, without Notice and without liability to you;
3. Access to our Services may be interrupted for reasons within or beyond our control, and that we cannot and do not guarantee you will be able to use our Services whenever you wish to do so;
4. We may not offer our Services in all countries or geographic locations; and
5. You are solely responsible for any internet connection and/or mobile fees that you may incur when using our Services.

II. Ownership of Our Services

A. Proprietary & Intellectual Property Rights

“Intellectual Property Rights” include copyrights, trademarks, service marks, patents, trade secrets, trade dress, logos, and other proprietary rights. The “Content” of our Services encompasses all aspects of our games, applications, downloadable content (DLC), virtual currencies, virtual items, text, forum posts, chat messages, music, sound, pictures, videos, graphics, audiovisual works, design, characters, icons, upgrades, links, features, and any other material or assets available through the Services.

Our Content and Intellectual Property Rights are the exclusive property of Digital Bandidos and are protected by copyright law, international treaties, and other applicable laws. This includes the Digital Bandidos name, logo, and all associated trademarks and service marks, as well as other proprietary branding. Our licensors may also enforce their rights in the event of any breach of these Terms. You are not granted any right or license to use our trademarks or those of our licensors without express written permission. All other trademarks, logos, and service marks appearing within the Services are the property of their respective owners.

B. License for Your Personal, Non-Commercial Use

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services for your personal, non-commercial use. Our Services, excluding any tangible medium our Services may be supplied on, are licensed, not sold. This license is personal to you only and does not give you any ownership rights in any of our Services.

C. Restrictions

Your limited license to use our Services does not grant you the right to: (1) copy, reproduce, distribute, publicly perform, display, modify, or create derivative works from any part of the Services or Content, except under applicable legal exceptions (e.g., private copy exceptions); (2) decompile, disassemble, decrypt, hack, derive source code from, or reverse engineer any software associated with the Services, unless expressly permitted by applicable law (such as EU Directive 2009/24 or other applicable legal exceptions); (3) sell, loan, lease, sub-license, or otherwise exploit our Services for any unauthorized commercial purposes; or (4) use any Content or Intellectual Property in a way that violates or infringes upon the rights of Digital Bandidos or its licensors, or in any manner that causes confusion, disparages, or discloses confidential information. If we terminate your Account or these Terms in accordance with the provisions below, any license from us to you to use our Services ends immediately.

D. Legal Effect

This license provides you with certain legal rights under these Terms. However, it does not supersede any rights you may have under the laws of your country or jurisdiction. Should any part of these Terms conflict with mandatory legal rights, your legal rights remain unaffected. These Terms will be governed by and interpreted in accordance with the laws applicable in your jurisdiction, subject to our dispute resolution terms.

III. Sweepstakes & Promotions

From time to time, Digital Bandidos may host sweepstakes, contests, and similar promotions (collectively, “Sweepstakes“) through our Services. Participation in these Sweepstakes is voluntary and subject to specific terms, conditions, and rules that will be available in conjunction with such Sweepstakes. These rules may include age restrictions, methods of entry, privacy policies, use of personal information, and presentation of prizes, among others.

To ensure clarity and compliance, all Sweepstakes will be governed by a separate Sweepstakes Policy. This Sweepstakes Policy will be made accessible to you prior to your participation in any Sweepstakes and is hereby incorporated into these Terms by reference. By participating in any Sweepstakes, you agree to be bound by the applicable Sweepstakes Terms & Conditions (“Sweepstakes Terms”), which may be amended from time to time by Digital Bandidos at its sole discretion.

Your participation in Sweepstakes is contingent upon your agreement to the Sweepstakes Terms in addition to these Terms. Should there be any conflict between these Terms and the Sweepstakes Terms, the provisions of the Sweepstakes Terms shall prevail with respect to your participation in the Sweepstakes.

IV. Purchases & Billing

A. Digital Storefronts

Some aspects of our Services may require you to pay a fee through a storefront operated by us or a third-party (each a “Digital Storefront”). Your contractual partner in providing these Services to you will be the Digital Storefront. Your purchase through the Digital Storefront is subject to any applicable terms or conditions imposed by the Digital Storefront (“Storefront Terms”), all of which are incorporated herein by reference. You are responsible for all charges in relation to your purchase from such Digital Storefront and must provide accurate and complete payment information to the Digital Storefront. We may suspend or cancel the applicable Services or supply of Virtual Items if the Digital Storefront informs us that they did not receive full payment from you after reasonable prior notification, or if you obtain, or attempt to obtain, refunds in violation of the applicable Digital Storefront’s policies. Suspension or cancellation of our Services for non-payment to the Digital Storefront could result in a loss of access to and use of your Account and any Content or Services. For the avoidance of doubt, we have no liability to you in the event that your access to any of our Services is terminated by a Digital Storefront as a result of your breach of their Storefront Terms.

B. Digital Products & Services

Digital Bandidos maintains a strict NO REFUNDS policy for all digital products procured through our Services, except as mandated by applicable law or expressly stated otherwise in these Terms. This policy covers all forms of digital content, including but not limited to games, apps, and virtual items offered by Digital Bandidos. By accessing and using our Services, you acknowledge and agree to this no refund policy.

“Virtual Items” means any virtual currency, goods, items, boosts, or effects such as, but not limited to, coins, points, gems, tokens, weapons, vehicles, cards, skins, power-ups, apparel, equipment, trophies, rewards, badges, or any other in-game virtual asset made available, purchased from a Digital Storefront, earned, or otherwise acquired through our Services. Virtual Items are licensed under these Terms and nothing herein shall be interpreted as transferring any rights or ownership interest in such Virtual Items to you.

Virtual Items are non-refundable, non-transferable, and have no monetary value. They are not a substitute for real currency or other forms of monetary value. They may only be redeemed for in-game content within our Services and cannot be exchanged, traded, sold, transferred, or redeemed for real money or items of value outside of our Services.

Virtual Items are only available to users in certain geographical locations, and may only be purchased, earned, or used by users in approved locations as stated in your agreement with the relevant Digital Storefront. We reserve the right to restrict access to Virtual Items based on location, game, or other eligibility factors.

We further reserve the right, in our sole discretion and at any time, to modify, delete, move, remove, or limit any Virtual Items, and to adjust the availability, acquisition methods, and pricing of Virtual Items within our Services, with or without prior notice. We may also limit the total amount of Virtual Items that may be held within a specific game or across multiple games, or within a user’s overall account.

By acquiring Virtual Items, you acknowledge that all rights remain with Digital Bandidos, and you have no ownership or property interest in any Virtual Items or your Account.

C. Physical Merchandise

1. Shipping Terms. All physical merchandise ordered from Digital Bandidos is dispatched under the terms of “Free on Board” (“FOB”). This means the risk of loss for any merchandise passes to you the moment it departs from our shipment facility. As the recipient, you are deemed to have taken ownership of the merchandise upon its shipment.
2. International Orders. For international customers, it is understood and agreed that you will bear responsibility for any applicable import duties, fees, or taxes associated with your order.
3. Defective Merchandise Returns. In the event you receive defective merchandise, you are entitled to return the merchandise within 30 days of receipt, provided you return it alongside a copy of the purchase receipt. The responsibility for covering return shipping charges falls on you. The specific return process, including any additional return policies, will be provided alongside your order.
4. Return Process and Discretion. Upon receipt of any returned merchandise, Digital Bandidos reserves the right, at our discretion, to either repair or replace the returned item(s) or to refund the purchase price to the original method of payment. It is important to note that we are under no obligation to accept returns of any merchandise unless such return is initiated within the 30-day return window and from the original purchaser of the merchandise.

D. Notification of Delays

Should there be an anticipated delay in the delivery of any physical product ordered from us, or in the availability for download or use of any digital product offered on our Site, Digital Bandidos reserves the right to inform you of such delay through email, along with an updated anticipated availability date for the affected product.

V. User Generated Content

A. User Generated Content

User Generated Content (“UGC”) includes all digital content or communications that users create, upload, or distribute through our Services. This includes but is not limited to, text, posts, in-game interactions, images, audio, video, and other assets or documents created by users. By creating or sharing UGC, you confirm and represent that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Digital Bandidos to use, display, and distribute such UGC within our Services and across any relevant platforms. You are solely responsible for the UGC that you create, upload, or distribute through our Services, and represent that your UGC will not violate these Terms, including our Community Guidelines, or any applicable laws.

B. License Granted to You

We grant you a limited, revocable, royalty-free, non-transferrable, non-sublicensable (except as required to publish your UGC), non-exclusive right and license to use, display, and publish UGC that integrates our Services, including any related copyrights and trademarks, for the sole purpose of creating and sharing UGC. This license automatically terminates upon the termination or expiration of your Account or these Terms.

C. License Granted to Digital Bandidos

While you retain ownership of your UGC, by uploading or sharing UGC via our Services, you grant Digital Bandidos a non-exclusive, irrevocable, perpetual, royalty-free, transferrable, sub-licensable, worldwide license to use, host, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your UGC for any purpose, commercial or non-commercial, without compensation to you. This license includes all forms of UGC created within or connected to our Services.

D. Responsibility for UGC

You acknowledge that you are solely responsible for any UGC you create, upload, or distribute. By posting your UGC, you represent and warrant that: (1) you own or have a license to post your UGC and all its constituent elements; (2) the UGC is accurate and truthful; and (3) use of the UGC does not violate these Terms, infringe any third-party rights, or cause harm to any person or entity. You agree to indemnify Digital Bandidos and its affiliates from all claims arising from your UGC or any content you provide through our Services.

E. Compliance with Community Guidelines

You agree to comply with our Community Guidelines and any applicable platform policies when creating and sharing UGC. You are prohibited from uploading or sharing UGC that violates these Terms, our Privacy Policy, or any applicable laws, including intellectual property and privacy laws. Digital Bandidos reserves the right to enforce its rules and take necessary action to maintain the integrity of the community and the experience of all users.

F. Moderation & Enforcement

We reserve the right to monitor, moderate, modify, remove, or report any UGC that, in its sole discretion, violates these Terms, our Community Guidelines, or applicable laws. This includes, but is not limited to, UGC created within game environments, community forums, or any public or in-game interactions. You agree to comply with any requests for UGC removal and understand that failure to comply may lead to disciplinary actions, including warnings, suspensions, or termination of access to our Services.

G. Morality Clause

In addition to these Terms, you agree to abide by our morality clause when creating and sharing UGC. This includes disclosing any sponsorships or partnerships, respecting intellectual property rights, and adhering to any non-disclosure agreements (NDAs) or embargoes on confidential information. You must not leak confidential data, promote illegal activities, or use cheats, hacks, or exploits in your content. Violations may result in warnings, suspensions, or bans.

H. Public Areas & Privacy

We provide public forums, blogs, and other spaces within our Services for users to create and post UGC. You acknowledge that these areas are public, and you should have no expectation of privacy when using them. You should avoid sharing personal information in these spaces, as any information you disclose may be seen and used by others, potentially leading to unsolicited communications. We are not responsible for the information you choose to share in these public areas.

VI. Restrictions, Community Guidelines & External Contributions

A. Applicability

The following restrictions and guidelines apply to your use of our Services, as well as communications and interactions with Digital Bandidos’ employees, agents, and contractors including, without limitation, individuals on our customer support, engineering, security, or community teams.

B. Restrictions on Use

You may only use our Services for personal, private, and non-commercial purposes. Any commercial use of the Services is prohibited unless expressly permitted by us in writing. For the avoidance of doubt, “Services” in these Terms refers to all aspects of our games, applications, websites, downloadable content, updates, patches, expansions, and any other digital content or features we make available. The following actions are expressly prohibited:

1. Distributing, sublicensing, leasing, licensing, selling, or transferring our Services or Content without our written consent;
2. Making our Services available on a network for use or download by multiple users;
3. Installing our Services on a network or multiple platforms without authorization;
4. Reverse engineering, decompiling, or modifying our Services, except as expressly permitted by applicable law;
5. Removing or altering any proprietary notices or markings within our Services;
6. Using cheats, bots, unauthorized code, or programs in connection with any of our Services’ features;
7. Violating any terms, policies, licenses, or code of conduct related to any of the Services’ features;
8. Restricting or inhibiting any authorized user from enjoying our Services or its features;
9. Exporting or re-exporting our Services in violation of U.S. export laws or economic sanctions, or otherwise violating any applicable laws or regulations.

C. Community Guidelines

We are committed to maintaining a fair and respectful environment across all of our Services, including in-game communities, forums, Discord, and social media platforms. By accessing or using our Services, you agree to:

1. Treat all community members with respect. Avoid language or behavior that is racist, sexist, homophobic, xenophobic, or otherwise discriminatory. Harassment, trolling, and bullying—including repeated unwanted communications—will result in enforcement actions, up to and including bans;
2. Refrain from sharing explicit or offensive content, including vulgar usernames, avatars, and images;
3. Avoid spamming, including excessive use of caps, repetitive messages, or excessive emojis;
4. Use English in general channels to ensure clarity for moderators and the community. Language-specific channels may exist to accommodate non-English speakers;
5. Avoid discussions inciting harm, including violence, hate speech, or extreme political and religious ideologies. Constructive discussions must remain respectful and considerate;
6. Avoid impersonating other users, staff, developers, or public figures; and
7. Avoid unapproved advertising, solicitation, or offering of services through unprompted direct messages.

D. Enforcement

Violations of either the Restrictions or our Community Guidelines may result in enforcement actions, including temporary or permanent account suspension, at Digital Bandidos’ sole discretion. Repeated or serious violations may result in progressively severe penalties, including revocation of your license to access certain Digital Bandidos Services or Content without compensation.

We may disclose relevant personal data to law enforcement or other regulatory bodies, in accordance with our Privacy Policy, if a breach presents a credible and specific threat to the safety of any person or otherwise involves activity we have a reasonable basis to believe is unlawful. We reserve the right to take action based on verifiable information from third parties, including, but not limited to, other users, law enforcement, and regulatory authorities, following any necessary investigation to determine credibility.

We disclaim liability for any user violations of these Terms, including, but not limited to, unauthorized content or conduct outside our reasonable control.

E. User Disputes

We do not control or endorse the content shared by other users through our Services. You may encounter content that is offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when interacting with others on our platform. You are solely responsible for your interactions with other users, and we are not involved in or liable for those interactions. In the event of a dispute with one or more users, you agree to release Digital Bandidos, including its officers, directors, agents, subsidiaries, and employees, from any and all claims, demands, and damages (actual, special, statutory, and consequential) of every kind and nature—whether known or unknown, suspected or unsuspected—arising out of or connected with such disputes.

California residents specifically waive California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor does not know or suspect to exist in their favor at the time of executing the release, which, if known by them, must have materially affected their settlement with the debtor.” While we reserve the right to monitor disputes, we are under no obligation to do so.

F. External Contributions

We value your feedback but please refrain from submitting external contributions, including creative ideas, suggestions, or materials (collectively, “Contributions”). If you do, please understand that we may freely use them without any compensation to you. By sharing Contributions, you grant us a worldwide, perpetual, irrevocable, non-exclusive right, and license to use them for any purpose, commercial or otherwise. You also agree to take any necessary actions to ensure the validity of these rights.

VII. Content Reporting, Take-Down Requests & DMCA

A. Harmful or Illegal Content

If you are aware of any UGC available on our Services that violates the User Rules of these Terms, notify us using the reporting tools located in-game or on our related customer support websites. For more information about how to report UGC that violates the User Rules, contact us at contact@digitalbandidos.com. By submitting any such notification to us, you confirm that you have a good faith belief that the UGC that you report violates these Terms and the information provided in your notice are accurate and complete.

B. Notice of Copyright or Trademark Infringement

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including “fair use.”

We respond to notices of copyright infringement that meet the requirements of the Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 (the “DMCA”). If you believe that any Content, UGC, or other aspect of our Services constitutes copyright infringement or misappropriation of your trademark, please submit a notice of alleged infringement to our designated agent with the following written information:

1. Your name, address, telephone number, and email address;
2. A detailed description of the copyrighted work that you claim has been infringed;
3. The URL or a detailed description of where the material that you claim is infringing is located;
4. Your statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law;
5. Your statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner; and
6. A physical or electronic signature of owner of the copyright at issue or person authorized to act on their behalf.

Our designated agent contact information is:

Letter	Email
ATTN: DMCA Agent Digital Bandidos LLC 11479 South Pine Drive Parker, Colorado 80134 United States	Subject: DMCA Takedown Notice Email: contact@digitalbandidos.com

Please note that under the DMCA, you may be liable for damages (including costs and attorney fees) if you knowingly misrepresent that material or activity is infringing. Please also note that the information provided in your copyright infringement notice may be provided to the person responsible for the allegedly infringing material.

C. Repeat Infringer Policy

If you repeatedly violate these Terms, for instance by infringing our intellectual property rights, the Code of Conduct, or the rights of third-parties, we reserve the right to take adverse action against you including, without limitation: suspending your access to some or all of our Services; closing your Account in accordance with the termination provisions below; barring you from creating an Account or accessing our Services in the future; or taking appropriate legal action to enforce these Terms or our other rights under applicable law.

VIII. Updates & Features

A. Updates & Modifications

We may provide patches, updates, or upgrades to our Services, which may be required for continued use. These updates can occur automatically or “in the background” without prior notice. All updates are subject to these Terms unless separate terms are provided with the update. We are not obligated to make any updates available, nor do we guarantee ongoing support for your system or device unless we’ve made specific claims about compatibility. From time to time, we may modify, alter, or suspend parts of our Services for valid reasons, including but not limited to improving Services, game balancing, bug fixes, preventing exploits, adapting to new technical environments, changes in user base, third-party compliance, termination of third-party agreements, or addressing safety, legal, regulatory, or security concerns. These modifications will not result in additional costs to you.

B. Availability

Our Services may be available for limited periods or vary depending on your region or device. If you change regions, you may need to re-acquire certain Services or Content, depending on local laws or your agreement with the applicable Digital Storefront. Some Services may no longer be accessible if prohibited by the laws of the new region.

C. Internet-Based Services

Our Services may require an internet connection via a wireless or cellular network. We collect and use standard information about your device, system, and software in accordance with our Privacy Policy. You are responsible for maintaining a reliable internet connection at your own expense, including any fees related to data usage or connectivity.

IX. Third Parties

A. Links to Third Party Sites & Services

We may provide hyperlinks to third-party websites or services, which are not under our control. You acknowledge that we, including our affiliates, third-party developers, and partners, are not responsible for the content, transactions, or any claims related to these third-party sites. Additionally, we bear no liability for any loss or damage arising from your interactions with such sites.

B. Third Party Advertising

Some of our Services may include advertisements for, or links to, third party websites, content, goods, promotions, or services (“Third Party Advertising”). We are not responsible for, nor control the content of, any Third Party Advertising, and the inclusion of such Third Party Advertising in our Services does not mean that we either endorse or approve of such Third Party Advertising or the websites, content, goods, promotions, services, or business practices of the third party providers of such Third Party Advertising.

C. Third Party Services

You may have the possibility, via our Services, to access or enable content, software, apps, products, websites, platforms, functionality, and services operated by third parties that are not part of Digital Bandidos or otherwise under our control (“Third Party Services”). If you choose to access, transact with, enable, or otherwise interact with any such Third Party Services, you understand that you are directing the applicable third party entity to make such Third Party Services available to you. You are responsible for your dealings with third parties. When you use our Services to access Third Party Services, any applicable usage terms associated with the Third Party Services will govern your use of that Third Party Service. We do not endorse any Third Party Services made available or marketed on or through our Services. We do not license any intellectual property rights to you as part of any Third Party Services, and we are not responsible or liable to you or others for any Third Party Services or for the results, information, content, or interactions you may encounter while using them. Any concerns you have regarding the results, information, content, or interactions you may encounter while using such Third Party Services should be directed to the provider of such Third Party Services.

X. Termination

A. Agreement Effectiveness

These Terms, and any licenses granted by it, become effective upon your access, download, installation, or use of our Services and remain in effect until terminated by either party.

B. User Termination

You may terminate these Terms at any time by deleting and removing all copies of our Services and Content from the devices on which you have installed them and by deleting your Account. You may also request that we delete your Account and personal information in accordance with our Privacy Policy, available at https://digitalbandidos.com/privacy_policy/.

C. Termination by Digital Bandidos

We reserve the right to terminate these Terms and your access to our Services at any time, for any reason, at our sole discretion. If we are able to contact you, we will attempt to provide notice reasonably in advance of termination. However, in cases of legal obligation, breach of these Terms, fraudulent or illegal use of our Services, or misuse of the Services for unintended purposes, we may terminate or suspend your access immediately without prior notice. Upon termination, you must cease all use of our Services and delete all copies in your possession.

D. Automatic Termination

These Terms will terminate automatically if you fail to comply with any of its terms or conditions. Upon such termination, you will be notified, and you must immediately cease using our Services, delete all copies from your devices, and confirm compliance if requested.

E. Post-Termination Conduct

Upon termination, you are prohibited from: (1) accessing or attempting to use our Services in any form; (2) retaining, sharing, distributing, or otherwise making available any copies of our Services or Content; or (3) circumventing any technical measures or restrictions we implement to prevent access following termination.

F. Effect of Termination

Upon termination, all rights granted to you under these Terms, including access to in-game purchases, virtual currency, items, or any other features, will immediately cease without refund or compensation. Any progress or data associated with your use of the Services may be lost, and we are not liable for any damages resulting from such loss.

G. Survival of Terms

The following provisions of these Terms shall survive termination: Dispute Resolution, Indemnification, Limitations of Liability, Ownership of Services and Content, and any other provisions that by their nature should survive termination.

XI. Indemnification

You agree to defend, indemnify, and hold harmless Digital Bandidos, its affiliates, and its third-party developers and partners, including their respective employees, contractors, officers, directors, and agents, from all liabilities, claims, and expenses, including attorney’s fees, that arise out of or in connection with your breach of these Terms, any content or information you provide that infringes the rights of a third party when used by us in accordance with these Terms, your use or misuse of our Services, or your unlawful acts or omissions. We and our affiliates, third-party developers, and partners reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses. However, you are not required to indemnify Digital Bandidos for any liabilities, damages, or losses arising from the negligent acts or omissions, fraud, or willful misconduct of Digital Bandidos, its officers, employees, contractors, or agents. You are also not responsible for any claims where you are not the cause of the breach. You are solely responsible for any third-party costs you incur while using our Services.

XII. Disclaimers & Limitation on Liability

A. Warranty Disclaimer

Digital Bandidos, including our officers, directors, agents, subsidiaries, and employees, are not responsible for any inaccuracies in content provided through our Services, nor for any user conduct online or offline. We assume no liability for errors, omissions, interruptions, unauthorized access, or technical issues related to our Services, including but not limited to communication failures, server issues, or internet congestion. Our Services are provided “AS IS” and “AS AVAILABLE,” and we expressly disclaim all warranties, including fitness for a particular purpose and non-infringement. We do not promise any specific results from the use of our Services and are not responsible for any loss or damage resulting from the use or inability to use them.

B. Limitation of Liability

DIGITAL BANDIDOS, ITS AFFILIATES, THIRD-PARTY DEVELOPERS, AND PARTNERS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE OUR SERVICES, OR YOUR RELIANCE ON ANY INFORMATION PROVIDED THROUGH OUR SERVICES. THIS INCLUDES DAMAGES FOR LOSS OF DATA, REVENUE, OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR SOLE AND MAXIMUM LIABILITY, AND YOUR EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES. Some jurisdictions do not allow the exclusion of certain damages, so the above limitation may not apply to you. We do not guarantee uninterrupted access to our Services and disclaim all liability for any impairment in access due to unforeseen circumstances, including but not limited to acts of God, war, terrorism, natural disasters, pandemics, or internet interruptions.

XIII. Dispute Resolution

A. Good Faith Attempt

Before initiating any formal dispute resolution, both parties agree to first attempt to resolve any disputes or claims in good faith for a period of 30 days. You must send a written notice describing the nature of the dispute, including your full name, contact information, and the relief you are seeking.

This notice must be sent to:

ATTN: Digital Bandidos Arbitration
Digital Bandidos LLC
800 Bellevue Way NE, Suite 500
Bellevue, WA 98004
United States

The 30-day resolution period begins once the notice is received. If the dispute is not resolved within this period, both parties may proceed to arbitration.

B. Negotiation & Arbitration

If we cannot resolve a dispute informally, both parties agree to submit any claims or disputes arising from or relating to this Agreement or our Services to binding arbitration. The arbitration will be administered by the American Arbitration Association (AAA) under its applicable rules. Arbitration will take place in the state of Colorado or another mutually agreed-upon location, and the award may be confirmed in a court of competent jurisdiction. The arbitrator’s decision will be final, and either party may request a written explanation of the decision. The arbitrator must apply Texas law (and federal law, if applicable), and the award may be challenged on this basis.

C. Individual Arbitration & Relief

All disputes will be arbitrated individually. No party may bring a claim as part of a class action, consolidated, or representative proceeding. The arbitrator has no authority to join or consolidate actions involving multiple parties. If the waiver of class action rights is found unenforceable, this dispute resolution section will be null and void, and the dispute will proceed in court.

D. Exceptions to Arbitration

Notwithstanding the above, either party may seek interim relief from a court or arbitrator, including injunctive or equitable relief, to protect intellectual property rights or in cases where such relief is deemed appropriate. Claims that cannot be arbitrated by law may also be brought before the courts.

E. Court Proceedings & Applicable Law

This Agreement shall be governed by the laws of the state of Colorado, without regard to its conflict of law provisions. If a court determines that a claim cannot be settled through arbitration, the parties agree that the claim will be brought in state or federal courts located in Colorado, and both parties consent to the exclusive jurisdiction of such courts.

XIV. Miscellaneous

A. Changes

We reserve the right to make changes to these Terms and our policies at any time. Significant changes will be communicated through our Services or, with your consent, via email. By providing your email during registration or through our affiliates, you agree that we may send you notices and other information concerning our Services electronically. Your continued use of the Services after such changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you may terminate your use of the Services without any additional charges to us, though you remain liable for any unpaid amounts due to third-party providers or Digital Storefronts. We recommend reviewing these Terms regularly to stay informed of any updates.

B. Contact Us

If you provide us with your email address for any purpose, you agree to receive all notices and communications (“Notices”) from us in electronic form at such email address. Delivery of any Notice from us is effective when sent to your email address, regardless of whether you actually receive or read the Notice. You agree to send us all legal notices, including notices of dispute and/or notices of infringement, to the address below.

For issues regarding customer support, please contact our support team as follows:

By mail:

ATTENTION: CUSTOMER SUPPORT

Digital Bandidos LLC

11479 S. Pine Dr.

Parker, CO 80134

United States

By email: contact@digitalbandidos.com

C. No Waiver

Our failure to enforce a provision of this Agreement shall not be construed as a (i) waiver of such provision, or (ii) diminishment of any right to enforce such provisions. Further, Digital Bandidos may choose to waive enforcement of a provision of this Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.

D. Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, zombie apocalypse, acts of God, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

E. Survival

Any provisions of this Agreement that by their nature should survive termination shall survive.

F. Severability

If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.

G. Non-Transferability

The terms of the Agreement are personal to you, and you are not permitted to assign, sub-license, transfer, or dispose of your rights or obligations under the Agreement.

H. Export Restrictions

You agree to comply with all applicable export and import laws, restrictions, and regulations of the United States or any foreign nation. You will not export, re-export, or import our Games or its documentation in violation of any such restrictions, laws, or regulations, and will not transfer our Games or its documentation to any foreign national or destination prohibited by such laws without obtaining and complying with requisite government authorization.

I. Entire Agreement

This Agreement constitutes the entire understanding between you and us, superseding all prior agreements, whether oral or written. You acknowledge that you entered into this Agreement based solely on the representations and promises expressly stated here. No failure by either party to exercise any right under this Agreement will constitute a waiver of those rights. In case of a conflict between this Agreement and any other terms, this Agreement will prevail.

J. Controlling Language

The original language of this Agreement is English even if it may be available in other languages. By using our Services, you agree that the English version of this Agreement shall control any dispute between you and us arising from or related to this Agreement. The English version of this Agreement can be found at https://digitalbandidos.com/terms/.