Terms & Service
Prior to accessing or using the Service, including browsing any iDivine Creation website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. A guest account may be created for you to utilize the Service, and you may also be required to register an account on the Service (collectively referred to as the "Account"). These Accounts encompass various types, such as game Accounts. By using or registering for an Account or otherwise utilizing the Service, you confirm that you have attained the legal age of majority in your country of residence. If you have not reached the legal age of majority, your legal guardian must review and consent to these Terms of Service.
BY INSTALLING, USING, OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO ABIDE BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE, OR OTHERWISE ACCESS THE SERVICE. THE USE OF THE SERVICE IS PROHIBITED WHEREVER IT IS AGAINST THE LAW.
iDivine Creation Technologies retains the right, at its discretion, to modify, add, remove, or alter any portion of these Terms of Service, its Privacy Policy, and other relevant iDivine Creation Technologies policies at any time by posting the amended terms on the Service. By continuing to use the Service, you will be deemed to have accepted such changes. If you disagree with any part of the current version of our Terms of Service, the iDivine Creation Technologies Privacy Policy, or any other iDivine Creation Technologies policy, rules, or codes of conduct related to your use of the Service, your right to use the Service will be immediately terminated, and you must cease using the Service promptly.
1. Utilizing the Service
1.1 Your Right to Use the Service
Subject to your acceptance and ongoing compliance with these Terms of Service and any other applicable iDivine Creation policies, you possess a non-exclusive, non-transferable, non-sublicensable, revocable, and limited right to access and utilize the Service for your personal, non-commercial entertainment purposes only. You agree not to employ the Service for any other purpose.
The following restrictions apply to your usage of the Service:
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You bear full responsibility for any unauthorized use of the Service by minors. If minors use your credit card or other payment instrument (e.g., PayPal), you are responsible for such usage.
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You shall not (or attempt to) purchase, sell, rent, or transfer your Account, create an Account using false identity or information, or establish an Account on behalf of someone other than yourself. Furthermore, you shall not use the Service if iDivine Creation previously removed you or banned you from playing any iDivine Creation game.
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You shall not employ the Service to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk or spam emails
Account and Login Information Usage
(A) Account Creation and Security
Upon creating an Account with your email or social media account, you may be required to establish a password or utilize alternative credentials to gain access to your Account. It is strictly prohibited to share your Account or Login Information with any other individuals, and you must refrain from enabling unauthorized access or engaging in any actions that may compromise the security of your Account. In the event that you become aware of or reasonably suspect any breach of security, including, but not limited to, loss, theft, or unauthorized disclosure of your Login Information, you are required to promptly notify iDivine Creation and promptly modify your Login Information. Maintaining the confidentiality of your Login Information is solely your responsibility, and you will be held accountable for all uses of the Login Information, including unauthorized purchases, regardless of authorization. You bear responsibility for any activities that occur through your Account.
(B) Username Policy
iDivine Creation Technologies retains the right to remove or reclaim any usernames associated with your Account at any time and for any reason. This includes cases where a third party asserts that a username violates their rights.
(C) Account Limitation
The Service only supports one Account per game on a supported device.
(D) Guest Account
Thank you for choosing to play our game! We offer a guest account option to provide you with a quick and convenient way to experience iDivine Creation Technologies without the need for a permanent account. Please take a moment to familiarize yourself with our guest account policy:
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Temporary Access: Guest accounts in iDivine Creation Technologies are designed to offer temporary access to the game without requiring users to create a permanent account. You can start playing immediately without any lengthy registration process.
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Limited Features: Please note that guest accounts may have limitations compared to registered accounts. Certain game features, progress-saving options, and customer support services may not be available to guest account users.
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Data Loss Risk: Since guest accounts are not associated with an email address or other identifying information, there is a risk of data loss. If you uninstall the game or lose your device, your progress and purchases may not be recoverable. We highly recommend linking your guest account to an email or social media account to safeguard your progress.
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Account Conversion: To preserve your progress and purchases, we offer the option to convert your guest account into a permanent account by linking it to an email or social media account. You can effortlessly switch to playing on other devices and have the peace of mind that your game data will be securely synced across all platforms.
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In-App Purchases: Guest accounts have access to in-app purchases. In guest account purchases may not be recoverable. So we recommend creating a registered account to fully enjoy the benefits of making in-app purchases and accessing additional content.
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Please note that by using a guest account, you agree to abide by our Terms of Service and Privacy Policy. iDivine Creation Technologies reserves the right to modify or terminate guest account functionality at any time.
We hope you have an enjoyable gaming experience with iDivine Creation Technologies! If you have any questions or need assistance, please don't hesitate to contact our support team.
Use Limitations
Any use of the Service in violation of these Use Limitations is strictly prohibited, can result in the immediate revocation of your limited right and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
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Engage in any act that iDivine Creation Technologies deems to be in conflict with the spirit or intent of the Service or make improper use of iDivine Creation's support services.
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Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, emulators, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any iDivine Creation Technologies game or any iDivine Creation Technologies game experience.
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Modify or cause to be modified any files that are a part of the Service or any iDivine Creation Technologies game without iDivine Creation's express written consent.
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Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users' experience when using the Service or playing iDivine Creation's games. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service.
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Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Service or any iDivine Creation Technologies game environment.
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Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service.
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Attempt to gain unauthorized access to the Service, Accounts registered or used by others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by iDivine Creation Technologies, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
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Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
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Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
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Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including iDivine Creation Technologies employees, including iDivine Creation's customer service representatives.
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Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a iDivine Creation Technologies employee.
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Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any iDivine Creation Technologies game, or to obtain any information from the Service or any iDivine Creation game using any method not expressly permitted by iDivine Creation Technologies.
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Solicit, or attempt to solicit, Login Information or any other login credentials or personal information from other users of the Service or any iDivine Creation Technologies game.
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Collect or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
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Use any iDivine Creation Technologies game for gambling, betting or any similar activity in which prizes or rewards can be won (directly or indirectly), including betting on the outcome of matches in which you participate as a player, irrespective of whether or not there is a fee or stake involved.
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Use the Service in any way that would violate any export controls, anti-money laundering rules, economic sanctions or similar laws or regulations including but not limited to those imposed by the United States of America and/or the European Union.
iDivine Creation Technologies reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. iDivine Creation Technologies reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.
1.2. Account suspension and termination
Without limiting any other course of action, iDivine Creation Technologies has the right to limit, suspend, terminate, modify, or delete accounts or access to the service, in whole or in part, with or without notice to you. This may occur:
a) If you fail to comply with these terms of service, or if iDivine Creation suspects non-compliance.
b) Due to any actual or suspected illegal or improper use of the service.
Account termination or limitation can result in the loss of your username, persona, benefits, privileges, earned virtual items, and purchased virtual items. iDivine Creation Technologies is not obligated to compensate you for any such losses or consequences.
Without limiting our other actions, we may:
a) Limit, suspend, or terminate the service and accounts, in full or in part.
b) Prohibit access to our games, sites, content, services, and tools.
c) Delay or remove hosted content.
d) Take technical and legal measures to prevent users from accessing the service if we believe they create risk or potential legal liabilities, infringe upon third parties' intellectual property rights, or act contrary to the letter or spirit of our terms or policies.
Additionally, in appropriate circumstances and at our sole discretion, we may suspend or terminate accounts of users who are repeat infringers of third-party intellectual property rights.
iDivine Creation Technologies retains the right to terminate any account that remains inactive for 180 days.
iDivine Creation Technologies retains the right to cease offering and/or supporting the service, a specific game, or part of the service without prior notice. In such instances, your right to use the service, or part thereof, will automatically terminate. iDivine Creation Technologies is not obligated to provide refunds, benefits, or other compensation to users in connection with the discontinued service. Termination of your account may include disabling your access to the service, including any content submitted by you or other users.
You have the right to terminate your account at any time. Please notify iDivine Creation Technologies at customercare.idivinecreation@gmail.com if you wish to terminate your account.
2. Ownership
2.1. Games and service
All rights, title, and interest in and to the service (including any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a iDivine Creation game client, and the iDivine Creation game clients and server software) are owned by iDivine Creation Technologies. iDivine Creation Technologies reserves all rights, including intellectual property rights or other proprietary rights, in connection with its games and the service.
2.2. Accounts
Regardless of anything stated herein, you acknowledge and agree that you have no ownership or property interest in the account. Furthermore, you acknowledge and agree that all rights in and to the account are and shall always be owned by and beneficial to IDivine Creation Technologies.
2.3. Virtual content
IDivine Creation Technologies owns, has licensed, or otherwise possesses rights to use all of the content that appears in the service or in IDivine Creation Technologies games. Notwithstanding any provision to the contrary stated herein, you agree that you have no right or title to any content that appears in the service, including virtual items, content, features, goods, services, or currency in any IDivine Creation Technologies game. This includes items earned in a game or purchased from IDivine Creation Technologies, as well as any other attributes associated with an account or stored on the service.
3. User content
3.1. Submission of user content
"User content" refers to any communications, images, sounds, and all the material, data, and information that you upload or transmit through a IDivine Creation Technologies game client or the service, or that other users upload or transmit, including chat text. By transmitting or submitting any user content while using the service, you affirm, represent, and warrant that such transmission or submission is (a) accurate and not confidential or misleading; (b) not in violation of any laws, contractual restrictions, or other third-party rights, and that you have permission from any third party whose personal information or intellectual property is included in the user content; (c) free of viruses, adware, spyware, worms, or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will always be processed by iDivine Creation Technologies in accordance with its privacy policy.
3.1.1. Content screening
iDivine Creation Technologies assumes no responsibility for the conduct of any user submitting any user content and assumes no responsibility for monitoring the service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all user content. Your use of the service is at your own risk. By using the service, you may be exposed to user content that is offensive, indecent, or not in line with your expectations. You bear all risks associated with the use of any user content available in connection with the service. At our discretion, our representatives or technology may monitor and/or record your interaction with the service or communications (including chat text) when you are using the service. By entering into these terms of service, you provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any user content, including chat text or voice communications. iDivine Creation Technologies reserves the right, in its sole discretion, to review, monitor, prohibit, edit, delete, disable access to, or otherwise make unavailable any user content (including your user content) without notice for any reason or for no reason at any time. If IDivine Creation Technologies chooses, at any time and at its sole discretion, to monitor the service, it nonetheless assumes no responsibility for user content and assumes no obligation to modify or remove any inappropriate user content. We have the right, but not the obligation, at our sole discretion, to edit, refuse to post, or remove any user content.
3.2. Information use by other members of the service
3.2.1. Public discourse
The service may include various forums, blogs, and chat features where you can post user content, including your observations and comments on designated topics. iDivine Creation Technologies cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you want to keep confidential and/or do not want others to use, do not post it on the service. iDivine Creation Technologies has no responsibility to evaluate, use, or compensate you for any ideas or information you may choose to submit.
3.2.2. Responsible for your own content
You are solely responsible for the information that you post on, through, or in connection with the service and that you provide to others. iDivine Creation Technologies may reject, refuse to post, or delete any user content for any reason or no reason, including user content that, in the sole judgment of iDivine Creation Technologies, violates these terms of service.
3.2.3. Your license to iDivine Creation Technologies
You grant iDivine Creation Technologies an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third parties) and the right to copy.
3.3. User interactions
You bear full responsibility for your interactions with other users of the service and any other parties with whom you engage through the service and/or iDivine Creation Technologies games. While iDivine Creation Technologies reserves the right, it is not obligated to intervene in any manner in these disputes. You are expected to fully cooperate with iDivine Creation Technologies in the investigation of any suspected unlawful, fraudulent, or improper activity, which may include granting iDivine Creation Technologies access to password-protected sections of your account. In the event that you have a dispute with one or more users, you release us (along with our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (whether actual or consequential) of any kind and nature, both known and unknown, arising from or in connection with such disputes.
4. Fees and purchase terms
4.1. Purchases Within the service
You have the option to purchase virtual items, such as virtual currency (e.g., virtual cash or diamonds) for use in iDivine Creation Technologies games, as well as virtual in-game items, content, features, and other goods or services. These purchases are limited, personal, non-transferable, non-sublicensable, and revocable rights. Please note that you can only acquire Virtual Items through the Service from us or our authorized partners, and not through any other means. By agreeing to these terms, you understand that the performance of the purchase agreement for Virtual Items or any other digital content may begin before the expiration of any applicable statutory withdrawal period. You explicitly consent to receiving the purchased content before the withdrawal period ends, thereby waiving your statutory right of withdrawal. iDivine Creation Technologies reserves the right to manage, regulate, control, modify, or remove Virtual Items at any time, with or without notice. To the maximum extent permitted by applicable law, iDivine Creation Technologies shall not be held liable to you or any third party for exercising such rights. Except as expressly authorized in the Service, it is strictly prohibited to transfer Virtual Items to others. You shall not engage in the sale, purchase, redemption, or transfer of Virtual Items to any individual, entity, or party other than as specifically permitted by iDivine Creation Technologies within the Service. Please be aware that all purchases and redemptions of Virtual Items made through the Service are final and non-refundable, except where required by applicable law. For more information regarding purchases made by minors, refer to our Parents Guide. The provision of Virtual Items for use in iDivine Creation Technologies games is a service that begins immediately upon iDivine Creation's acceptance of your purchase.
4.2. Payment of fees
You are responsible for paying all fees and applicable taxes incurred by you or anyone using an Account registered to you. iDivine Creation Technologies reserves the right to revise the pricing for Virtual Items offered through the Service at any time. YOU ACKNOWLEDGE THAT IDIVINE CREATION TECHNOLOGIES IS NOT OBLIGATED TO PROVIDE REFUNDS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS UPON ACCOUNT CLOSURE, WHETHER VOLUNTARY OR INVOLUNTARY.
5. Updates to the service
You understand that the Service is constantly evolving. iDivine Creation Technologies may require you to accept updates to the Service and the iDivine Creation Technologies games installed on your device or computer. You acknowledge and agree that iDivine Creation Technologies may update the Service and iDivine Creation Technologies games without prior notification. To ensure uninterrupted access to the Service and to play iDivine Creation Technologies games, you may need to periodically update third-party software.
6. Disclaimer of warranties
While iDivine Creation's liability is not limited under Section 7 below, the Service is provided on an "as is" and "as available" basis, without any warranties, express or implied. This includes but is not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. iDivine Creation does not guarantee that you will be able to access or use the Service at your preferred times or locations, that the Service will be uninterrupted or error-free, that defects will be corrected, or that the game or the Service are free from viruses or other harmful components.
7. Boundaries of Liability: Singular and Exclusive Redress; Indemnification
To the maximum extent permitted by law, iDivine Creation Technologies shall not be liable to you for any indirect, incidental, consequential, special, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these terms of service or the service itself, whether based on contract, tort or any other legal theory, and whether or not iDivine Creation Technologies has been advised of the possibility of such damages. To the extent not prohibited by law, iDivine Creation Technologies shall not be liable to you for more than the amount you have paid to iDivine Creation Technologies in accordance with these terms of service in the six (6) months immediately preceding the date on which you first assert a claim. You acknowledge and agree that if you have not paid anything to iDivine Creation Technologies during such time period, your sole remedy (and iDivine Creation Technologies' exclusive liability) for any dispute with iDivine Creation Technologies is to stop using the service and to cancel your account.
Nothing in these terms of service shall affect the statutory rights of any consumer or exclude or restrict any liability resulting from gross negligence or willful misconduct of iDivine Creation Technologies or for death or personal injury arising from any negligence or fraud of iDivine Creation Technologies.
You agree to indemnify, defend and hold iDivine Creation Technologies (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the service, or any breach by you of these terms of service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
8. Dispute resolution
You and iDivine Creation Technologies agree that the processes for dispute resolution described in this agreement will apply to any dispute or claims related to these terms of service, the privacy policy, or the service. Disputes include any claims of any kind, including but not limited to legal, equitable, or statutory claims. Processes for dispute resolution will apply even if you stop using your account, delete your account, or stop using the service. They will also apply to disputes that arose before we entered into this agreement.
Sections 8.1 to 8.6 apply to you if you are a resident of the United States or Canada. They do not apply to you if you are a resident of any other country.
8.1. Informal dispute resolution
You must try to informally resolve any dispute directly with iDivine Creation Technologies for at least thirty (30) days before you start an arbitration. The informal dispute resolution process starts when you give iDivine Creation Technologies written notice of the dispute through customercare.idivinecreation@gmail.com
8.2. Arbitration
Agreement You and iDivine Creation Technologies agree to resolve any disputes exclusively in final and binding arbitration as follows: Either you or iDivine Creation Technologies may choose to submit any dispute for resolution exclusively by final and binding arbitration unless the claim is within the exceptions described below. If you or iDivine Creation Technologies brings a claim in court that can be resolved by arbitration under this section, then either party can ask the court to order the parties to resolve the claim by arbitration. The arbitrator will have the exclusive authority to decide whether any portion of Section 8 ("dispute resolution") is valid or enforceable, or whether it applies to a claim.
8.3. Arbitration Procedure
The arbitration process will be administered by the American Arbitration Association ("AAA"). We will adhere to AAA's rules and procedures, including the Consumer Arbitration Rules, for conducting the arbitration. However, in case of any inconsistency between these Terms of Service and AAA's rules and procedures, these Terms of Service will prevail. To access AAA's Rules or initiate arbitration, please visit AAA's website. If either party chooses to commence arbitration, we agree to provide a written Demand for Arbitration to the other party as outlined in the AAA Rules.
The fees for arbitration will be determined according to AAA's Consumer Arbitration Rules. If the arbitrator determines that the fees are excessive, iDivine Creation Technologies will cover the expenses. Each party will be responsible for their own attorneys' fees and costs, unless the claims permit the prevailing party to recover attorneys' fees and costs, in which case the arbitrator may award them in accordance with applicable law. If either party challenges the validity of the arbitrator's decision or award through a subsequent court proceeding and is unsuccessful, they will be liable for the opposing party's costs and attorneys' fees associated with the challenge.
The arbitration proceedings will be held either in San Francisco, California, USA, or in the county or province where you reside.
8.4. Exceptions to Arbitration Agreement
You and iDivine Creation Technologies acknowledge that the arbitration agreement stated in Section 8.2 will not apply to the following disputes:
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Claims relating to iDivine Creation Technologies' intellectual property, including claims concerning the enforcement, protection, or validity of copyrights, trademarks, trade dress, domain names, patents, trade secrets, or other intellectual property rights owned by iDivine Creation Technologies.
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Claims related to piracy or tortious interference.
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Claims that are not subject to an arbitration agreement as a matter of law and are not preempted by federal law, thus allowing for an agreement to arbitrate.
Claims filed in small claims court.
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Any dispute falling outside the scope of arbitration under these exceptions will be resolved by a court of competent jurisdiction, as described in Section 10 ("Venue for Disputes Not Subject to Arbitration").
8.5 Exclusion of Class Actions
You and iDivine Creation Technologies mutually agree that any claims brought against each other must be pursued on an individual basis. This means:
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You are prohibited from initiating a claim against iDivine Creation Technologies as a plaintiff or member of a class, collective, consolidated, or representative action.
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The arbitrator cannot combine your claims with those of any other individuals in a single case or preside over any arbitration proceeding involving class, collective, consolidated, or representative actions.
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The decision or award made by the arbitrator in your case will only be applicable to you and cannot be used to resolve disputes of others.
If this section (Section 8.5 "No Class Actions") is determined to be unenforceable or invalid, the entirety of Section 8, including Sections 8.1 to 8.6, will be rendered null and void.
8.6 Opt-Out of Arbitration Agreement and Class Action Waiver
You have the option to opt out of and not be bound by the Arbitration Agreement and the provisions regarding class actions outlined in Sections 8.1 to 8.5. To exercise this choice, you must send a written notice of your decision to opt out to customercare.idivinecreation@gmail.com with the subject line "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." This notice must be submitted within thirty (30) days from the date of your initial use of the Service or the availability of this opt-out option, whichever occurs later. Failure to send us this notice within the specified time period will result in your agreement to arbitrate disputes in accordance with the terms stated in these paragraphs. If you choose to opt out of these arbitration provisions, iDivine Creation Technologies will also not be bound by them.
8.7 Alternative and Online Dispute Resolution
If you are a consumer based in the European Union (EU) or European Economic Area (EEA), you have the option to utilize the Online Dispute Resolution platform provided by the European Commission as an alternative, out-of-court method for resolving disputes. Additionally, you may seek recourse through alternative dispute resolution and refer a dispute to the consumer disputes board or another relevant out-of-court institution in your place of residence.
9 Applicable Law
If you are a resident of the United States or Canada:
(1) The interpretation and enforcement of the agreement to arbitrate and the provisions regarding no class actions in Section 8 are governed by the United States Federal Arbitration Act, including its procedural provisions.
(2) Any dispute arising from or related to these Terms of Service, the Privacy Policy, or the Service shall be governed by the laws of the State of California, USA, without considering conflict of law provisions.
If you are a resident outside of the United States and Canada, you agree that any claim or dispute arising from or related to these Terms of Service, the Privacy Policy, or the Service shall be governed by the laws of India, without regard to conflict of law provisions.
10 Venue for Disputes Not Subject to Arbitration
If you are a resident of the United States or Canada, you agree that any claim or dispute against iDivine Creation Technologies that is not subject to arbitration under Section 8 must be exclusively resolved by a federal or state court located in San Francisco, California. Both you and iDivine Creation Technologies consent to the venue and personal jurisdiction in San Francisco, California, for all such claims or disputes.
If you are a resident outside of the United States and Canada, you agree that any claim or dispute against iDivine Creation Technologies must be exclusively resolved by a court located in Gujarat, India.
11 Severability
You and iDivine Creation agree that if any portion of these Terms of Service or the iDivine Creation Technologies Privacy Policy is deemed illegal or unenforceable, either in whole or in part, by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such determination of invalidity or unenforceability within that jurisdiction. However, it shall not affect the validity or enforceability of the remaining provisions in any other jurisdiction, and the remaining provisions shall continue to be fully valid and enforceable.
12 General Provisions
12.1. Assignment
iDivine Creation Technologies may, at any time, assign or delegate these Terms of Service and/or the iDivine Creation Technologies Privacy Policy, either in whole or in part, to any person or entity, with or without your consent. Without prior written consent from iDivine Creation Technologies, you may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy, and any unauthorized assignment or delegation by you is ineffective.
12.2. Supplemental Policies
iDivine Creation Technologies may release additional policies pertaining to specific services, such as forums, contests, or loyalty programs. Your usage rights for such services are subject to those specific policies and these Terms of Service.
12.3. Entire Agreement
These Terms of Service, along with any supplemental policies and documents explicitly incorporated by reference herein (including the iDivine Creation Technologies Privacy Policy), encompass the complete understanding between you and iDivine Creation Technologies, superseding all prior understandings between the parties relating to the subject matter herein. This includes electronic, oral, or written understandings, whether established through custom, practice, policy, or precedent, between you and us in relation to the Service.
12.4. No Waiver
The failure of iDivine Creation Technologies to require or enforce strict performance by you of any provision in these Terms of Service or the iDivine Creation Technologies Privacy Policy, or the failure to exercise any right under them, shall not be interpreted as a waiver or relinquishment of iDivine Creation Technologies' right to assert or rely upon such provision or right in that or any other instance.
The explicit waiver by iDivine Creation Technologies of any provision, condition, or requirement of these Terms of Service or the iDivine Creation Technologies Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.
Except as expressly and specifically stated in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by iDivine Creation Technologies shall be considered a modification of these Terms of Service or legally binding, unless they are documented in physical writing and hand-signed by you and an authorized officer of iDivine Creation Technologies.
12.5. Notices
We may provide you with notifications through various means, including postings in our games, on iDivine Creation Technologies' website, via email, or any other communication method using the contact information you have provided to us. Any notices required from or given by you under these Terms of Service or the iDivine Creation Technologies Privacy Policy must be in writing and addressed to: iDivine Creation Technologies. FF-9 Vandematram Arcade, Gujarat- Ahmedabad, India, Pin code - 382481, with a copy sent to customercare.idivinecreation@gmail.com
12.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to iDivine Creation Technologies are unique and irreplaceable. The loss of these rights and obligations would cause irreparable harm to iDivine Creation Technologies, and monetary damages alone would not be an adequate remedy. Therefore, in the event of any actual or anticipated breach by you, iDivine Creation Technologies shall be entitled to seek injunctive or other equitable relief without the obligation to post any bond, surety, or proof of damages.
You hereby waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any iDivine Creation Technologies game, the exploitation of any advertising or other materials associated with it, or the use or display of the Service or any content or material provided through the Service. You agree to limit your claims to claims for monetary damages, as outlined in Section 7 (if applicable).
12.7. Force Majeure
iDivine Creation Technologies shall not be held liable for any delay or failure to perform its obligations under these Terms of Service due to causes beyond its reasonable control. Such causes may include, but are not limited to, acts of God, war, terrorism, riots, embargoes, actions of civil or military authorities, fires, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
The explanations and information provided herein are only general and high-level explanations, information and samples. You should not rely on this article as legal advice or as recommendations regarding what you should actually do. We recommend that you seek legal advice to help you understand and to assist you in the creation of your Terms.