END USER LICENSE AGREEMENT

This End User License Agreement (this “Agreement”) is between you (both the individual using the Platform and, if applicable, the legal entity on behalf of which such individual is acting) (“you” or “your”) and Burning Galaxy Ltd. (“Burning Galaxy” or “we” or “us”) concerning your use of the beta test version of the Platform (as defined below).

PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING THE “NEXT” BUTTON TO ACCEPT, YOU WILL BE BOUND BY THIS AGREEMENT. IF YOU OBJECT TO ANY OF THE TERMS OF THIS AGREEMENT OR DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE CLICK THE “I DO NOT ACCEPT” BUTTON. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU WILL NOT BE PERMITTED TO DOWNLOAD OR INSTALL THE SOFTWARE OR USE THE PLATFORM.


  1. Certain Definitions. As used in this Agreement:

  2. Changes. We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Platform. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your use of the Platform (including any then-current version of the Platform) following any changes to this Agreement will constitute your acceptance of such changes.

    3. We may, at any time and without liability, modify or discontinue all or part of the Platform; charge, modify or waive any fees required to use the Platform; or offer Platform features and functionality to some or all Platform users. We may also add new functionality and features to the Platform from time to time, and additional terms and conditions may apply to such additional functionality and features. If you access or use any such additional functionality and features, you will be required to agree to such additional terms and conditions and such additional terms and conditions will become part of this Agreement.

  3. Information Submitted Through the Platform. Your submission of information through the Platform is governed by Burning Galaxy’s Privacy Policy (“Privacy Policy”) located at Burning Galaxy Privacy Policy. You represent and warrant that any information you provide in connection with the Platform is and will remain accurate and complete, and that you will maintain and update such information as needed.

  4. Jurisdictional Issues. The Platform is controlled or operated (or both) from the United States, and is not intended to subject Burning Galaxy to any non-U.S. jurisdiction or law. You agree not to access or use the Platform from any location outside the United States. Any use of the Platform is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Platform’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

  5. Rules of Conduct. In connection with the Platform, you must not:

    6. You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Platform.

  6. Registration; User Names and Passwords. You must register to use all or part of the Platform. We may, in our sole discretion, reject your registration entirely or reject, or require that you change, any user name, password or other information that you provide to us in registering . Your user name and password are for your personal use only and should be kept confidential. You, and not Burning Galaxy, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Platform account.

  7. Submissions and Feedback.

  8. Monitoring. We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Platform. We may disclose any Submissions and the circumstances surrounding their transmission to anyone for any reason or purpose.

  9. Platform; Software.

  10. Bux
    • “Bux The official currency of AE, which can be used to acquire Virtual Content or access to Experiences on the Services. Bux are not a substitute for real currency, do not earn interest, and have no equivalent value in real currency.” is the official currency of the AE Services and can be used to acquire content such as Virtual Items (defined below) or access to interactive content called “Experiences” on the Services. Bux are not a substitute for real currency, do not earn interest, and have no equivalent value in real currency. Bux cannot be redeemed for any fiat currency, and AE is not obligated to exchange a User’s Bux for anything else of value.
    • Limited License to Use Bux. Bux have no equivalent value in real currency.. Your acquisition or purchase of Bux only entitles you to receive a limited, non-transferable, revocable license to use Bux in connection with the Services, for your personal entertainment only, and in the ways permitted by AE under the applicable AE Terms. Your limited license to use Bux may end if you violate the AE Terms, your Account is suspended or terminated, or these User Terms or the Services are terminated.
    • Acquisition and Use of Bux. Bux may be acquired on the Services in one of several ways. A User may acquire Bux by purchasing. or otherwise receiving Bux from AE by trading Virtual Items with other Users or by other means that AE may introduce. You may not use, acquire, or distribute Bux or Virtual Content except through the Services and except as expressly allowed by AE under these AE Terms. Any attempt to do so constitutes a violation of the AE Terms, will render the transaction void (automatically canceled), and may result in the immediate suspension or termination of your Account and your license to use Bux or Virtual Content. AE does not recognize or take responsibility for third-party services that allow Users to sell, transfer, purchase, or otherwise use Bux or Virtual Content, and any such use by a User is a violation of the Roblox Terms. However, transferring an Account in connection with the sale of the Experience(s) created by that Account, pursuant to a valid written agreement, is permitted. Only Users who have reached the age of majority in their jurisdiction or state of residence may purchase Bux or engage in other real-money transactions on the Services.
    • Bux Are Non-Refundable. Except as required by law, all payments for Bux are final and not refundable.
    • Bux Are Subject to Change. AE, in its sole discretion, may implement changes to Bux at any time. This may include limiting the number of Bux a User may acquire or lowering the purchase price of Bux. Except for the limited licenses granted to you under the AE Terms, AE has and retains all rights in and to Bux. This includes the right to modify, revoke, or terminate your license to use Bux without notice, payment, or liability to you. AE makes no guarantees or warranties regarding Bux or their availability or value.

  11. Payments and Refunds.
    • General. Only Users who have reached the age of majority in their jurisdiction or state of residence may engage in financial transactions on the Services, such as purchasing Bux.
    • User Responsibilities. When purchasing Bux, you (or your Guardian, as applicable) represent and warrant that you have the right to use your selected payment method and that your payment method has enough credit available to complete the applicable transaction. You further agree that you have read and agree to be bound by any applicable Additional Terms and that any information you provide in connection with any financial transaction on the Services, including without limitation the provision of a selected payment method, shall be subject to the privacy policy as outlined by the applicable payment service provider for that financial transaction.
        If you believe someone has gained access to or used your Account, including your payment method, without permission, you must notify AE as soon as possible by contacting By e-mail to contact@burninggalaxy.com. AE reserves the right to suspend any Account with unauthorized charges or to restrict an Account’s ability to purchase Bux, engage in Trades, and/or purchase Virtual Content. (See Chargeback Policy below.)
    • Chargeback Policy. If you notice charges on your credit/debit card, PayPal, or Google Play account that you did not authorize, please contact AE Support before disputing any charges directly with your payment processor. Once a charge has been disputed with your payment processor, AE cannot issue a refund due to prohibitions under the payment provider’s dispute process. AE reserves the right to suspend any Account with unauthorized charges or to restrict an Account’s ability to purchase Bux, engage in Trades, and/or purchase Virtual Content.

  12. Trademarks. Our trade names, trademarks and service marks include APPAGEL DESIGNER(AD) and GAMING GRID(GG) and any associated logos. All trade names, trademarks, service marks and logos on the Platform not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Platform should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.

  13. Promotions. Any sweepstakes, contests, and other promotions made available through the Platform may be governed by rules that are separate from this Agreement. If you participate in any such promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a promotion conflict with this Agreement, the promotion rules will govern with respect to such promotion.

  14. Support. Burning Galaxy has no obligation to provide technical support, maintenance, upgrades, updates, modifications or new releases for the Platform.

  15. Third Party Materials; Links. Certain Platform functionality may provide access to materials provided by third parties, including Submissions of other users (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.

    We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement will be deemed to be a representation or warranty by Burning Galaxy with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Platform at any time. In addition, the availability of any Third Party Materials through the Platform does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.

    YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).

  16. Disclaimer of Warranties. THE PLATFORM, INCLUDING THE SOFTWARE, AND ANY THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. BURNING GALAXY MAKES NO, AND EXPRESSLY DISCLAIMS ALL, REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM, INCLUDING THE SOFTWARE, AND ANY THIRD PARTY MATERIALS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITATION OF THE GENERALITY OF THE FOREGOING, BURNING GALAXY DOES NOT WARRANT THAT: (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS; (B) THE SOFTWARE WILL BE COMPATIBLE WITH OR OPERATE ON THE COMPUTER ON WHICH YOU INSTALL IT; (C) DEFECTS IN THE PLATFORM CAN OR WILL BE CORRECTED; OR (D) THAT THE OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU IF AND TO THE EXTENT SUCH DISCLAIMERS ARE NOT PERMITTED UNDER THE APPLICABLE LAWS OF THE JURISDICTION IN WHICH YOU RESIDE. ALL DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT APPLY TO BOTH BURNING GALAXY AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”).

    While we try to maintain the timeliness, integrity and security of the Platform, we do not guarantee that the Platform is or will remain updated, complete, correct or secure, or that access to the Platform will be uninterrupted. The Platform may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Platform. If you become aware of any problems with the Platform, contact us at cm01@burninggalaxy.com with a description of such problem and its location on the Platform.

  17. Limitation of Liability. BURNING GALAXY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF OR DAMAGE TO DATA, LOSS OF OTHER INTANGIBLES, OR LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, BURNING GALAXY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM OR FROM ANY THIRD PARTY MATERIALS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM IS TO STOP USING THE PLATFORM. THE MAXIMUM AGGREGATE LIABILITY OF BURNING GALAXY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE THE GREATER OF (A) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO BURNING GALAXY TO USE THE PLATFORM; AND (B) $10.00 USD. ALL LIMITATIONS OF LIABILITY IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT APPLY TO BOTH BURNING GALAXY AND THE AFFILIATED ENTITIES.

    Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.

  18. Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless Burning Galaxy and the Affiliated Entities from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Platform (including all Submissions); and (b) any violation or alleged violation of this Agreement by you.

  19. Dispute Resolution. If there is any controversy, claim or dispute arising out of or relating to this Agreement or the breach thereof, whether based on contract, tort, statute or other legal or equitable theory (a “Dispute”), the parties will first attempt to resolve such Dispute through good faith negotiation between executive-level representatives of each party who have full authority to resolve the Dispute. If the Dispute remains unresolved ten (10) business days after such negotiations have commenced, then the Dispute will be settled by binding arbitration administered by JAMS in accordance with its applicable rules then in effect. The Agreement and its interpretation and validity will be governed by the substantive law of the State of California applicable to contracts made and to be performed within the State and without regard to the State’s conflicts of laws rules that would result in the application of the laws of another jurisdiction, and without giving effect to the conflicts of law principles of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The location of the arbitration will be Los Angeles, California. The arbitration will be governed by the United States Arbitration Act, 9 U.S.C. §§ 1-16. The award of the arbitrator will be final and binding, and judgment on the award may be entered, confirmed and enforced in any court having jurisdiction thereof. Nothing in this Section will preclude any party from seeking interim or provisional relief concerning the Dispute, including a temporary restraining order, a preliminary injunction or an order of attachment, either prior to or during negotiation or Arbitration, in order to protect the interests of such party.

  20. Filtering. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (http://getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Burning Galaxy does not endorse any of the products or services listed on such sites.

  21. Information or Complaints. If you have a question or complaint regarding the Platform, please send an e-mail to contact@burninggalaxy.com. You may also contact us by writing to 660 South Figueroa Street, SUITE 1960, Los Angeles, CA 90017. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

  22. Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Platform infringe your copyright, you (or your agent) may send to Burning Galaxy a written notice by mail, e-mail or fax, requesting that Burning Galaxy remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Burning Galaxy a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to Burning Galaxy, Ltd. as follows: By e-mail to contact@burninggalaxy.com.

  23. Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users. Without limiting the generality of the foregoing, you will not, and you will require your representatives not to, export, direct or transfer the Software, or any direct product thereof, to any destination, person or entity restricted or prohibited by the applicable law.

  24. Miscellaneous. This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Burning Galaxy. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent, and any attempted or purported assignment, transfer, or sublicense by you will be null and void. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties and their respective successors and permitted assigns. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement will be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Burning Galaxy relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Burning Galaxy relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Platform or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Burning Galaxy will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.



PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING THE “NEXT” BUTTON TO ACCEPT, YOU WILL BE BOUND BY THIS AGREEMENT. IF YOU OBJECT TO ANY OF THE TERMS OF THIS AGREEMENT OR DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE CLICK THE “I DO NOT ACCEPT” BUTTON. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU WILL NOT BE PERMITTED TO DOWNLOAD OR INSTALL THE SOFTWARE OR USE THE PLATFORM.