Terms and Conditions

Our Website is intended for Users who have reached the legal age required to enter into binding contracts. Upon entering of this Agreement, you represent to XA that: you are of the age of legal capacity in your jurisdiction of residence. If you are aged between the relevant minimum age and 18 (or the age of majority where you live), you and your parent or guardian must review this Agreement together. Parents and guardians are responsible for the acts of children under 18 years of age using this Website. You may only accept this Agreement when you have reached the age of legal capacity under the laws of the country of your residence (we recommend seeking advice from a legal professional). By continuing to utilize our Website, you confirm that you have either reached the legal age of capacity to accept the Agreement, or that your parent/legal guardian has reviewed and consented to the terms of the Agreement on your behalf. 

We provide general information on various topics on this Website and may grant access to the Content, which should not be construed as professional, financial, real-estate, tax, or instructional/teaching/educational advice. All Content on the Website is for informational and entertainment purposes only and does not establish any kind of educational mentor-client relationship by your use of this Website. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

XA does not grant any academic credits for the completion of the programs on the Website.

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license right to use our Website. The rights granted herein are only for your personal, non-commercial use unless you obtain our written permission otherwise. You also agree that you will create, access, and/or use only one user account, unless expressly permitted by XA, and you will not share access to your account or access information for your account with any third party. Using our Website does not give you ownership of or any intellectual property rights in our Website or the Content you access.

Any use of the Website for commercial purposes is strictly prohibited. Any commercial use must be subject to a separate agreement with XA.

Access to the Website is understood as granting access to a defined set of data and commands that allow the User to interact with a part of the Website.  

The XA provides the User with access to the Website after the User has registered an account on the Website (“Account”).  

The Content on the Website may be changed unilaterally by the XA, increasing or changing the amount of information.

In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details. By continuing to use this Website you represent and warrant that:

• all information you submit is accurate and truthful;
• you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.

It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account. 

When choosing your username you are required to adhere to the terms set out above in Clause “Use of Communications Facilities”. Any failure to do so could result in the suspension and/or deletion of your Account.

When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:

• You must not use obscene or vulgar language;
• You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
• You must not submit Content that is intended to promote or incite violence;
• It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
• The means by which you identify yourself must not violate these Terms or any applicable laws;
• You must not impersonate other people, particularly employees and representatives of Xsolla Accelerator LLC or Our affiliates; and
• You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".

You acknowledge that Xsolla Accelerator LLC reserves the right to monitor any and all communications made to Us or using Our System.You acknowledge that Xsolla Accelerator LLC may retain copies of any and all communications made to Us or using Our System.

You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

Unless otherwise expressly indicated, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of XA.

The exclusive rights to the Website and any Content, including its parts, belong to XA, or all necessary rights and permissions have been assigned to the XA. By continuing to use the Website you acknowledge that such intellectual property of XA is protected by applicable laws. 

XA trademarks, service marks, and logos and other intellectual property must not be used, manipulated, copied, reproduced, transmitted, distributed, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever. By "intellectual property" we mean copyright, design rights, database rights, patents and any rights to inventions, know-how, trade and business names, trade secrets and trademarks (whether registered or unregistered) and any applications therefore and other like rights. 

The User has the right to use the Website within the scope of the provided functionalities and interactive interaction with the available information for the entire duration of access to the Website in accordance with this Agreement. 

The User shall:

(i) Refrain from any actions that infringe the XA's rights relating to the results of intellectual activities, in particular, not copy, record, reproduce, distribute any results of the XA's intellectual activities without written permission from the XA; You are prohibited from copying, reproducing, republishing, uploading, publicly displaying, encoding, translating, transmitting, distributing, modifying, or creating derivative works of the Website and its Content. You may not use any of our intellectual property in any manner that is not expressly stated in these Terms (or permitted by law). 

(ii) Immediately inform the XA of all known facts regarding the violation of the XA's exclusive rights; 

(iii) Not transfer access to your Account on the Website to third parties unless specifically agreed with the XA; 

(iv) If the username and password are lost or illegally obtained by third parties, the User is obliged to immediately inform the XA by sending a notification to the address:

accelerator@xsolla.com. Until the moment such notification is sent, all actions carried out using the User's Account will be considered to have been carried out by the User. 

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act and other applicable laws. If you believe that there is a copyright infringement, you must provide the XA with all possible information confirming the fact of copyright infringement. You can mail us at accelerator@xsolla.com with the subject of the letter “Copyright Infringement”. 

The use of the Website, its Content and components (both as a whole and in parts) and other technical solutions developed by the XA will not constitute a transfer of intellectual property rights to the User and/or any third party, either as a whole or in part.

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Xsolla Accelerator LLC or Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Everything on the Website provided by us is given on an “as is” and on an “as available” basis and without warranties, either expressed or implied. The XA makes no warranty, representation, covenant, or guarantee whatsoever, express or implied: a) that the Website will operate uninterrupted or error-free, that any defects will be corrected; b) that the Website will meet your needs or expectations. We make no promises regarding your access to the Website or the results of your access, in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise. Whilst every effort has been made to ensure that all general descriptions of Services available from Xsolla Accelerator LLC correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship. 

To the fullest extent permitted by applicable law, we are not liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from a) errors, mistakes, or inaccuracies of or in any content; b) events beyond the reasonable control of the XA, including any internet failures, equipment failures, electrical power failures, strikes, riots, insurrections, civil disturbances, fires, floods, storms, earthquakes, explosions, war, terrorism, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or c) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use the Website or any inability to use or access the Website.

Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers. The XA is not responsible for and disclaims all liability in respect of any comments, views or remarks expressed by you or other users in or about any Content. 

You should not construe the XA's Content on the Website as a warranty or guarantee of the quality or availability of any Access. 

In no event shall XA's aggregate liability for all claims related to the Access exceed twenty U.S. dollars ($20).

You acknowledge and agree that the disclaimers and the limitations of liability set forth in this Agreement reflect a reasonable and fair allocation of risk between you and XA, and that these limitations are an essential basis to XA's ability to make the Access available to you on an economically feasible basis.

You agree that any cause of action related to the Access must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. 

By using our Website, you confirm that you are not situated in, under the control of, a national of, or typically residing in a jurisdiction that is governed by relevant U.S. laws or regulations, or laws within your local area, that would hinder XA from granting you access to the Website. Your geographical location is determined by your physical presence. The use of tools like virtual private networks, IP routing services, or similar services to bypass these legal restrictions is strictly prohibited. 

Furthermore, when using our Website, you declare that you are not listed on, or controlled by individuals listed on, any government-issued prohibited or restricted party lists related to sanctions, embargoes, or export controls (collectively, "Sanctions Lists"). If you, or an entity with control over you, are added to any Sanctions List, you must immediately cease using our Website. You also guarantee that you will not export, re-export, or transfer the Access to countries subject to U.S. trade embargoes, or to entities or persons on Sanctions Lists, or engage in any activities that violate applicable laws. 

Despite any conflicting clauses in these Terms, the XA reserves the right to suspend or terminate its obligations to you immediately if you violate the terms set out in this section, or if continuing to provide Access could, at our sole discretion, lead to harm to our business or reputation.

In the event that any party to these Terms fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

Confidentiality refers to any information relating to the provision of the Access by the XA that is not publicly available or accessible to the public. The User shall not disclose confidential information and other data provided by the XA during the provision of the Access (except publicly available information) to third parties without the XA's prior written consent.

Except as provided below, You agree that these Terms will be governed by the laws of the State of California, excluding its conflicts of law provisions. In the event of any dispute related to these Terms that is not subject to binding arbitration, you and XA will submit to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Los Angeles County, California as the legal forum for any such dispute (except for small claims court actions which may be brought in the county where you reside).These Terms shall not deprive you of any mandatory consumer protections under the law of the country to which we direct Access to you, where you have your habitual residence.

You and XA have mutually agreed to resolve through binding arbitration any and all disputes, claims, or controversies, regardless of their nature, that arise from the Access, these Terms, or any other relationship between you and XA. This includes issues concerning the interpretation, applicability, or enforceability of these Terms and any interactions with third parties not covered by these Terms or this arbitration provision, as permitted by applicable law ("Claim”). Claims will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Terms as well as Claims that may arise after the termination of these Terms. 

This arbitration agreement does not prohibit you or XA from seeking assistance from government agencies at the federal, state, or local levels. Both parties retain the right to pursue self-help remedies, submit qualifying claims in small claims court on an individual basis, or seek provisional or ancillary relief, including pre-arbitral attachments or preliminary injunctions, from a court of competent jurisdiction. None of these actions waive the right to resolve disputes through arbitration as outlined in this provision. 

Before commencing arbitration, both parties will make a good faith effort to informally resolve any Claims. To initiate the dispute resolution process, you must send a personalized written notice ("Notice of Dispute") to accelerator@xsolla.com, including your contact details, a description of the Claim and your preferred resolution, and your counsel's information if applicable. In the event that XA has a Claim against you, a Notice of Dispute containing the same information will be sent to your Account email. Upon receipt of a complete Notice of Dispute, the recipient will have 60 days to investigate the claims. If a settlement conference is requested during this period, you and XA must collaborate to schedule the meeting via phone or videoconference. Both parties must participate personally, and the conference must be individualized even if multiple parties are represented by the same firm. The statute of limitations for the Claims outlined in the Notice of Dispute will be paused from the notice receipt date until the later of (i) 60 days later or (ii) after a timely requested settlement conference is conducted ("Informal Resolution Period"). Arbitration proceedings cannot commence until the Informal Resolution Period has concluded, and a court may intervene to prevent any arbitration filing that violates this Section.

YOU AND XA HEREBY RENOUNCE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO FILE A LAWSUIT IN COURT AND HAVE A TRIAL BEFORE A JUDGE OR JURY.EACH INDIVIDUAL MAY ASSERT CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION. THE PARTIES HEREBY FORGO THE RIGHT TO HAVE ANY DISPUTE RESOLVED OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL REMEDIES ARE PERMITTED.You and XA are opting for the resolution of all Claims through arbitration as set forth in this Arbitration Agreement, with the exception stated above. Arbitration does not involve a judge or jury, and any review of an arbitration award by the court is subject to minimal scrutiny.Subject to this arbitration provision, the arbitrator may grant declaratory or injunctive relief solely in favor of the individual party seeking such relief and only to the extent necessary to provide the relief warranted by the individual claim. This provision does not impact the terms outlined below regarding batch arbitration. In the event that a final, unappealable decision determines that the limitations of this subsection are unenforceable or invalid with respect to a specific claim or request for relief (such as a public injunctive relief request), you and XA agree that said claim or request for relief (and solely that claim or request for relief) shall be separated from arbitration and may be pursued in the state or federal courts situated in Los Angeles County, California. All other Claims shall be arbitrated or litigated in small claims court. This subsection does not preclude your or XA's participation in a class-wide settlement of claims.The Terms indicate an interstate commerce transaction; and notwithstanding any other provision herein concerning the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this arbitration provision and any arbitration proceedings. If Informal Dispute Resolution fails to achieve a satisfactory resolution within sixty (60) days following receipt of a Notice of Dispute, you and XA agree that either party may choose to conclusively settle the Claim through binding arbitration. All Claims shall be subjected to binding arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association (the “AAA Rules”), as amended, in effect at the time arbitration commences. In the event of any inconsistency between this arbitration provision and the AAA Rules, this provision shall prevail. Unless otherwise agreed upon by you and XA, or the batch arbitration process discussed below is activated, the arbitration shall be conducted in the county where you reside. Your obligation to pay any AAA fees and costs shall be governed solely by the applicable AAA Rules. Each party shall bear their respective attorneys’ fees and costs in arbitration unless the arbitrator determines that either the substance of the Claim or the relief sought in the arbitration request was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). 

A single, neutral arbitrator selected in accordance with the AAA Rules shall decide all Claims. If the batch arbitration process is triggered, AAA will appoint the arbitrator for each batch. The arbitrator shall be an active member in good standing of the bar for any state in the continental United States and shall be either actively engaged in the practice of law for at least five years or a retired judge. The arbitrator shall honor claims of privilege recognized at law. The arbitrator shall have exclusive authority to resolve any Claim, including, without limitation, disputes regarding the interpretation or application of the arbitration provision, including the enforceability, revocability, scope, or validity of the arbitration provision or any portion of the arbitration provision, except that all Claims regarding the class action waiver provision, including any claim that all or part of that provision is unenforceable, illegal, void or voidable, or that it has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Claim. The arbitrator also shall enforce statutes of limitations and other time-based defenses, offers of judgment/compromise and fee-shifting rules in the same way as a court would. The arbitrator’s decision will be final and binding upon the parties and may be enforced in any federal or state court that has jurisdiction. You and we agree that the arbitration shall be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of governmental agencies.

You and we agree that the XA retains the right to modify this arbitration agreement in the future. Any such changes will be posted at our Website and you should check for updates regularly. Your continued use of our Website, and/or Access, including the acceptance of products and services offered on the Website following the posting of changes to this arbitration agreement, constitutes your acceptance of any such changes. Changes to this arbitration agreement do not provide you with a new opportunity to opt out of the arbitration agreement if you have previously agreed to a version of these Terms.Except as provided in the class action waiver section, a court may sever any portion of this Binding Arbitration and Class Action Waiver Section that it finds to be unenforceable, and the remaining portions will remain valid and enforceable.

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

The Agreement will come into force on the date of its acceptance by the User by registering on the Website. This Agreement is effective until terminated. You may terminate this Agreement at any time upon notice to XA or by deleting your Account.

(ii) XA has the right to terminate this Agreement with immediate effect as set forth herein for a breach of this Agreement by you or if we reasonably suspect that you have failed to abide by any of the terms and conditions of this Agreement. We may take any action we deem reasonable in our sole discretion against users who do not comply with the terms of this Agreement which may include banning users. We reserve the right to determine what conduct we consider to be in violation of, or otherwise outside the intent or spirit of, this Agreement. However, if what you have done can be put right we will give you a reasonable opportunity to do so.

(iii) Without prejudice to the other provisions of this Agreement, we may terminate our Agreement with you (in whole or in part) for any reason at our discretion upon reasonable notice to you. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.

(iv) Upon termination of this Agreement for any reason, Sections [Commercial Use], [Intellectual Property], [Disclaimer of Warranty. Limitation of Liability], [Confidentiality], [Indemnity], [Governing Law], [Binding Arbitration and Class Action Waiver], [Severability], [Notices] and this Section will survive.

(v) Termination of this Agreement shall be without prejudice to any rights or liabilities accrued at the date of the termination. Once the termination comes into effect, all rights and licenses of Users to use the Access under this Agreement shall terminate. Upon the termination of this Agreement, you shall cease all use of the Access and destroy all copies of the Access and all associated documentation in your possession or control (if applicable).

(vi) Please be aware that, where applicable, any rankings, scores, saved games, message history, progression history or other information or data relating to your Account (where applicable) may thereafter be deleted and/or become inaccessible.

We may occasionally change these Terms, so we encourage you to review the Terms periodically. We reserve the right to change the Website, its Content or these Terms at any time. You will be bound by any changes to the Terms from the first time you use the Website following the changes. If you don’t agree to the amendments or to any of the terms herein, your only remedy is to stop using the Website. We may change or discontinue any aspect or feature of the Website at any time, including, but not limited to, content and availability. In the event of any conflict between these Terms and any prior versions thereof, the provisions of these Terms shall prevail unless it is expressly stated otherwise.

Except as otherwise expressly set forth in this Agreement, in the event that any provision of this Agreement is held to be unenforceable by a court or another tribunal of competent jurisdiction, such provision will be enforced to the maximum extent permissible, and the remaining portions of this Agreement shall remain in full force and effect. This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.

XA may give notice to you by means of a general notice to you through your Account, electronic mail to your email address in our records or by a written communication sent by first class mail, postage prepaid, or overnight courier to your address on record, provided XA has your physical address.All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to accelerator@xsolla.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

Your suggestions, ideas, comments, and feedback concerning the Website are appreciated. When you provide feedback, you give us permission to use it without limitations or compensation to you. Accepting your feedback does not mean that XA waives any rights to use similar feedback previously known to us, created by our team, or acquired from other sources.

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