DUELSERIES

Terms of Use

Effective Date: June 6, 2025 Last Updated: June 6, 2025
⚠ PLEASE READ CAREFULLY — IMPORTANT BETA DISCLAIMER

BETA SOFTWARE: The Platform and its Games are under development and may contain errors, bugs, and unforeseen issues that could affect gameplay and assets.

SMART CONTRACT RISK: PARTICIPATION IN GAMES INVOLVING SMART CONTRACTS CARRIES A SIGNIFICANT RISK OF FINANCIAL LOSS. ONCE FUNDS ARE SENT TO A SMART CONTRACT, THEY ARE GOVERNED BY ITS CODE.

ACKNOWLEDGEMENT OF RISK: By using this beta platform and interacting with smart contracts, you expressly acknowledge and accept these inherent risks and agree that damnbruh shall not be liable for any loss of funds incurred during this beta testing phase due to software errors, smart contract issues, or any other unforeseen circumstances. IT IS NOT damnbruh'S RESPONSIBILITY TO RECOVER OR REIMBURSE THOSE FUNDS.

THIS PLATFORM AND THE GAMES OFFERED HEREIN ARE CURRENTLY IN BETA TESTING PHASE. BY ACCESSING OR USING THE PLATFORM AND PARTICIPATING IN ANY GAMES INVOLVING SMART CONTRACTS, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING:

⚡ IMPORTANT: YOU CONTROL YOUR WALLET FUNDS

BY CONTINUING TO ACCESS OR USE THE PLATFORM, YOU AFFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THIS BETA DISCLAIMER IN ITS ENTIRETY, IN ADDITION TO ALL OTHER TERMS AND CONDITIONS CONTAINED WITHIN THIS AGREEMENT.

PLEASE UNDERSTAND THAT THE DIGITAL WALLET PROVIDED TO YOU ON THE damnbruh PLATFORM IS A SELF-CUSTODIAL WALLET. THIS MEANS THAT YOU, AND ONLY YOU, HAVE CONTROL OVER THE FUNDS HELD WITHIN YOUR WALLET. damnbruh DOES NOT HAVE ACCESS TO YOUR WALLET OR YOUR PRIVATE KEYS. YOU ARE SOLELY RESPONSIBLE FOR SECURING YOUR WALLET CREDENTIALS.

DamnBruh Labs provides its services through the following entities (together referred to as "damnbruh"): damnbruh's website ("Website"), mobile application(s) ("App(s)"), and all services provided through the Website and App(s), including as related to Games and Lobbies (collectively, the "Services") form the damnbruh platform ("Platform"). Certain features of the Platform may be subject to additional guidelines, terms, or rules (collectively, "Additional Terms"). References to "you" and "your" refer to you, a user of the Platform.

THESE TERMS OF USE AND ALL APPLICABLE ADDITIONAL TERMS FORM THE FULL LEGALLY BINDING AGREEMENT BETWEEN damnbruh AND YOU REGARDING YOUR ACCESS TO AND USE OF THE PLATFORM (COLLECTIVELY, "AGREEMENT"). BY ACCESSING OR USING THE PLATFORM, YOU ARE ACCEPTING THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE PLATFORM IF YOU DO NOT HAVE THE CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE PLATFORM.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST damnbruh ON AN INDIVIDUAL BASIS, NOT AS A CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.


1. Privacy

In the course of using the Platform, you may submit User Data (as defined below), including personal information, to damnbruh. damnbruh's Privacy Policy details how we treat your User Data. We agree to abide by the damnbruh Privacy Policy and you agree that damnbruh may use and share your User Data in accordance with the damnbruh Privacy Policy and applicable data privacy and protection laws.

2. Accounts

2.1 Account Eligibility and Creation

In order to use the Platform, you must register for an account with damnbruh ("damnbruh Account") and provide certain information about yourself as prompted by the registration form. A user may only have and maintain one account.

ANY ATTEMPT TO CREATE MORE THAN ONE ACCOUNT IS A BASIS FOR IMMEDIATE TERMINATION OF ALL ACCOUNTS AND THE FORFEITURE OF ALL BALANCES ASSOCIATED WITH SUCH ACCOUNTS.

You represent and warrant that: (i) all required registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information at all times; and (iii) you meet the following account eligibility criteria:

2.2 Verification of Account Information

damnbruh reserves the right to verify the eligibility of any user at any time, during or after account creation. If you do not provide accurate eligibility information, or if damnbruh cannot reasonably verify your eligibility information as accurate, damnbruh may suspend or terminate your damnbruh Account and you agree that you forfeit any balance associated with your damnbruh Account.

2.3 Eligible Locations, Compliance With Laws

damnbruh restricts all real money gameplay to locations in which damnbruh believes it is allowed to operate real money lobbies (the "Eligible Locations"). You agree that you are responsible for knowing and understanding the law applicable to you.

The following states or jurisdictions within the United States are Eligible Locations: Alabama, Alaska, California, Colorado, the District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maryland, Massachusetts, Minnesota, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Texas, Utah, Vermont, Virginia, West Virginia, Washington, Wisconsin, and Wyoming. The Eligible Locations may be subject to change at any time at damnbruh's sole discretion.

2.4 Account Deletion

You may delete your damnbruh Account at any time, for any reason, through the application or by sending an email request to playdamnbruh@gmail.com.

2.5 Account Responsibilities

Each user is responsible for maintaining the confidentiality of the user's damnbruh Account login information and each user shall be fully responsible for all activities that occur under the user's damnbruh Account. You are responsible for understanding the self-custodial nature of your damnbruh Wallet and for taking all necessary precautions to secure your Wallet credentials. Any loss of access to your Wallet or its credentials is your sole responsibility.

damnbruh ACCOUNTS ARE NOT TO BE USED OR SHARED BY MORE THAN ONE INDIVIDUAL; DOING SO SHALL BE A BASIS FOR IMMEDIATE TERMINATION OF THE APPLICABLE damnbruh ACCOUNT(S).

2.6 Authorization for Contact

Each user, by creating an account, authorizes damnbruh to contact the user electronically by phone, email, text message, notification, or other electronic means in order to: (i) confirm information about the user; (ii) resolve customer support issues; (iii) provide account status information; or (iv) take any action in furtherance of this Agreement.

3. Use of Platform

3.1 Limited License

Subject to the terms of this Agreement, damnbruh grants you a limited, revocable, non-transferable, non-exclusive license to access and use the Platform for your own personal use in accordance with this Agreement. Your use of the Platform is solely to interact with self-custodial Wallets and Smart Contracts, over which damnbruh has no direct control or custody.

3.2 Acceptable Use and Restrictions

The rights granted to you in the Agreement are subject to the following rules:

  1. you shall not access or use the Platform for any purpose other than that for which damnbruh makes the Platform available;
  2. you shall not use the Platform in connection with any commercial endeavors except those specifically endorsed by damnbruh;
  3. you shall not license, sell, rent, lease, transfer, assign, or distribute the Platform to a third party;
  4. you shall not trick, defraud, or mislead damnbruh or other users;
  5. you shall not attempt to impersonate another user or person;
  6. you shall not use any information obtained from the Platform to harass, abuse, or harm another person;
  7. you shall not sell or otherwise transfer your damnbruh Account;
  8. you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Platform;
  9. you shall not circumvent, disable, or otherwise interfere with security-related features of the Platform;
  10. you shall not access the Platform in order to build a similar or competitive product or service;
  11. you shall not disparage, tarnish, or otherwise harm damnbruh or the Platform;
  12. you shall not systematically retrieve data or other content from the Platform to create or compile a database without written permission from damnbruh;
  13. you shall not engage in any automated use of the Platform;
  14. you shall not interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform;
  15. you shall not upload or transmit viruses, Trojan horses, or other malicious material;
  16. your use of the Platform shall at all times comply with all applicable laws and regulations.

3.3 Modification

damnbruh reserves the right, at any time, to modify, suspend, or discontinue the Platform, or any part thereof, with or without notice. You agree that damnbruh will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform.

3.4 Ownership

Excluding User Data, you acknowledge that all intellectual property rights in and to the Platform, all names, logos, and trademarks used with the Platform, and all content made available by damnbruh through the Platform are owned by damnbruh or damnbruh's licensors. The provision of the Platform does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights.

3.5 Third-Party Services

The Platform is designed to interoperate with certain third-party services not under the control of or maintained by damnbruh ("Third-Party Services"). damnbruh is not responsible for the content of, or any transactions you process on or through, any Third-Party Services.

3.6 User Responsibilities

Each user is responsible for—and damnbruh fully disclaims and is released from any responsibility for—the user's own devices and telecommunications connections, the availability and quality of the user's telecommunications services, and all other factors that may impact a user's own participation in a Game or lobby.

Additionally, and specifically regarding your damnbruh Wallet and Smart Contract interactions, you are solely responsible for:

ANY LOSS, LIMITATION, OR NEGATIVE EXPERIENCE A USER SUSTAINS IN CONNECTION WITH ANY OF THE FOREGOING SHALL NOT ENTITLE THE USER TO A REFUND OR ANY OTHER REMEDY. IF A USER'S DEVICE IS UNABLE TO SUBMIT A SCORE TO THE PLATFORM FOR ANY REASON, THE USER WILL AUTOMATICALLY BE GIVEN A SCORE OF ZERO.

3.7 Bank Secrecy Act — Anti-Money Laundering Policies

You agree that you have read the damnbruh BSA-AML Policy and that damnbruh may take any action indicated under the BSA-AML Policy. By using the Platform you represent that you are not on any Specially Designated Nationals or Blocked Persons list ("SDN") maintained by the US Office of Foreign Assets Control.

4. User Content

4.1 User Data

"User Data" means any and all information and content that is input into the Platform by or on behalf of a user. You acknowledge and agree that damnbruh is not responsible for any User Data, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof.

4.2–4.7 Data Responsibilities, Rights, and Licensing

damnbruh is not obligated to backup any User Data and you are solely responsible for creating backup copies of your User Data. damnbruh has the right to remove any content, including User Data, from the Platform at any time, with or without cause.

You hereby grant to damnbruh an irrevocable, perpetual, non-exclusive, royalty-free and fully-paid, worldwide license to use, reproduce, distribute, publicly display and perform, modify, adapt, prepare derivative works of, incorporate into other works, and otherwise exploit your User Data for the purposes of providing and improving the Platform.

5. Games and Lobbies

5.1 Games and Lobby Types

As used in the Agreement, a "Game" is an application, website, or other online service that a user plays, using the user's skill, to achieve a certain score. A "Lobby" is a competitive format for users to play a Game that permits the wagering of real money on the users' participation in and outcome of the Game.

5.2 Lobby Fees

damnbruh charges fees of 10% upon the death of a user in the Lobby. This fee is variable and may change without a written update to this agreement.

5.3 Lobby Participation

A user may participate in a Lobby by entering the Lobby within the Platform. For each Lobby, the user affirmatively acknowledges and agrees: (a) to pay the specified and non-refundable entry fee before gameplay commences; (b) it is the user's responsibility to understand and abide by the rules of the Game and of the Lobby; (c) to accept the outcome of the Lobby as finally determined by damnbruh; (d) that damnbruh shall take a fee from every Lobby.

5.4–5.6 Lobby Outcome and Cashout

At the conclusion of a user's participation in a Lobby: (a) if a user chooses to leave and is permitted to cash out, damnbruh shall credit the user's account with any remaining balance exceeding their total deposits for that specific Lobby session; (b) if a user is eliminated, their remaining balance at the time of elimination is forfeited; (c) the platform reserves the right to implement restrictions on when and how users can cash out their remaining balance.

6. Self-Custodial Wallets and Smart Contract Interactions

6.1 Wallet Creation and Ownership

Upon creating a damnbruh Account, a self-custodial digital wallet ("Wallet") will be automatically generated for you. You acknowledge and agree that you are solely and exclusively responsible for, and have absolute control over, this Wallet and the private keys, seed phrases, and any other credentials associated with it. damnbruh does not have access to your Wallet, your private keys, or any other security information related to your Wallet.

6.2 Your Responsibility for Wallet Security

You are solely responsible for maintaining the security of your Wallet and all associated credentials. YOU ACKNOWLEDGE AND AGREE THAT IF YOU LOSE ACCESS TO YOUR WALLET OR YOUR WALLET'S CREDENTIALS, damnbruh WILL NOT BE ABLE TO ASSIST YOU IN REGAINING ACCESS OR RECOVERING ANY FUNDS HELD WITHIN THE WALLET. damnbruh has no ability to access, recover, or reset your Wallet or its credentials under any circumstances.

6.3 No damnbruh Custody

You explicitly understand and agree that damnbruh never takes custody of the funds held in your Wallet. The Wallet is self-custodial, meaning you are the sole custodian of your digital assets.

6.4 Interaction with Smart Contracts

The Platform facilitates your interaction with decentralized smart contracts (self-executing agreements on a blockchain network) for participation in Games and Lobbies involving real money (the "Smart Contracts"). When you choose to participate, your entry and any associated funds are managed directly through these Smart Contracts.

6.5 No damnbruh Control or Responsibility for Smart Contract Interactions

YOU ACKNOWLEDGE AND AGREE THAT YOUR INTERACTION WITH SMART CONTRACTS IS SOLELY BETWEEN YOU AND THE SMART CONTRACT. ONCE FUNDS ARE SENT TO A SMART CONTRACT FROM YOUR SELF-CUSTODIAL WALLET, damnbruh DOES NOT HAVE CONTROL OVER THOSE FUNDS OR THE EXECUTION OF THE SMART CONTRACT.

6.6 Smart Contract Execution and Outcomes

The outcome of Games and Lobbies involving Smart Contracts will be determined by the rules and execution of the Smart Contract. damnbruh's software platform facilitates your interaction with these Smart Contracts, but the execution and outcome are determined by the Smart Contract's code, not by damnbruh.

6.7 Irreversible Transactions and Your Responsibility

Transactions involving Smart Contracts are typically irreversible. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THE ACCURACY OF ANY INFORMATION AND INSTRUCTIONS YOU PROVIDE WHEN INTERACTING WITH SMART CONTRACTS THROUGH THE PLATFORM. damnbruh IS NOT RESPONSIBLE FOR ANY LOSS OF FUNDS OR ADVERSE OUTCOMES RESULTING FROM YOUR INTERACTION WITH SMART CONTRACTS.

7. Anti-Money Laundering

Users are explicitly prohibited from intentionally losing a Game for any reason, including in connection with an attempt to transfer money to another user. Any use of damnbruh's platform other than to compete in good faith in a real-money contest is strictly prohibited. Where damnbruh determines, in its sole discretion, that a user has violated these terms, damnbruh may suspend and/or terminate the user's damnbruh Account, permanently ban the user from the Platform, and the user is subject to forfeiture of the entire balance of funds in the user's damnbruh Account.

8. Cheating Policy

8.1 Prohibited Conduct

Cheating in any Game or Lobby is strictly prohibited. The following is a non-exhaustive list of prohibited conduct:

  1. utilizing a virtual private network (VPN);
  2. utilizing software bots or artificial intelligence (AI), neural net, or machine learning agents;
  3. utilizing simulators in or with device farms;
  4. colluding with other users or bots;
  5. manipulating or misrepresenting one's own skill when entering any Game or Lobby;
  6. submitting scores from a device other than the device used to participate in the Lobby;
  7. not providing or maintaining accurate information within a damnbruh Account;
  8. opening or operating more than one damnbruh Account;
  9. conducting or attempting to conduct fraudulent financial transactions through the Platform;
  10. exploiting an error in a Game that is not in the spirit of the Game or in good faith;
  11. using a jailbroken device or any device with unauthorized software;
  12. using unfair gameplay exploits (bugs in a Game itself) to submit higher scores than the user would otherwise be able to obtain.

8.2 Consequences

Where damnbruh determines, in its sole discretion, that a user has cheated: (a) damnbruh may disqualify a user or adjust or invalidate a user's score, prize, or Mission achievement; (b) damnbruh may suspend and/or terminate the user's damnbruh Account; (c) damnbruh may temporarily or permanently ban the user from the Platform; (d) damnbruh may take further action, including legal action; and (e) the user is subject to forfeiture of the entire balance of funds in the user's damnbruh Account.

9. Indemnity

You agree to indemnify and hold damnbruh and its affiliates, and its and their directors, officers, members, principals, owners, employees, agents, representatives, contractors, successors, and assigns, harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and/or expenses (including reasonable attorneys' fees) arising from or relating to any claim or demand made by any third party due to or arising out of (i) your use or misuse of the Platform; (ii) your User Data; (iii) your violation of this Agreement; or (iv) your violation of applicable laws or regulations.

10. Disclaimers

YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. damnbruh DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PLATFORM, ANY PRODUCTS AND SERVICES OFFERED THROUGH THE PLATFORM, THE ACTS OR OMISSIONS OF USERS, THIRD-PARTY SERVICES, OR ANY TRANSACTIONS INITIATED BY YOU ON OR THROUGH SUCH THIRD-PARTY SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

11. Limitation of Liability and Release

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF damnbruh AND ITS AFFILIATES AND SUPPLIERS TO YOU EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID OR PAYABLE TO damnbruh BY YOU UNDER THIS AGREEMENT, AND (B) ONE HUNDRED U.S. DOLLARS ($100). THIS LIMITATION ON THE AMOUNT OF LIABILITY SHALL APPLY WHETHER A CLAIM OR LIABILITY ARISES IN CONTRACT, EQUITY, TORT, OR OTHERWISE, AND EVEN IF damnbruh HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL damnbruh OR ANY OF ITS AFFILIATES OR SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING FROM THE LOSS OF ACCESS TO YOUR SELF-CUSTODIAL WALLET OR ITS CREDENTIALS, OR ANY ERRORS OR IRREVERSIBLE TRANSACTIONS RELATED TO YOUR INTERACTION WITH SMART CONTRACTS.

YOU FURTHER EXPRESSLY RELEASE damnbruh FROM ANY AND ALL CLAIMS, ACTIONS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR SELF-CUSTODIAL WALLET, INCLUDING BUT NOT LIMITED TO LOSS OF ACCESS OR FUNDS, AND ANY CLAIMS ARISING OUT OF OR RELATED TO YOUR INTERACTIONS WITH SMART CONTRACTS.

Such release includes a waiver under Section 1542 of the Civil Code of the State of California which reads as follows: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

12. Term and Termination

Subject to this Section, this Agreement will remain in full force and effect while you use the Platform. We may (a) suspend your rights to use the Platform, (b) terminate this Agreement, and/or (c) ban you from the Platform at any time and for any reason whatsoever, at our sole and complete discretion. Upon termination of this Agreement, your damnbruh Account and right to access and use the Platform will terminate immediately.

13. Copyright Policy

damnbruh seeks to respect the intellectual property of others and asks that users of our Platform do the same. If you believe that any portion or content of our Platform unlawfully infringes the copyright(s) in a work and you wish to have the allegedly infringing material removed, please provide a written notification to us at legal@damnbruharcade.com containing:

  1. Your physical or electronic signature;
  2. Description of the copyrighted work(s) that you claim has been infringed;
  3. Description of the material on our services that you claim is infringing and that you request us to remove;
  4. Sufficient information to permit us to locate such material;
  5. Your address, telephone number, and e-mail address;
  6. A statement that you have a good-faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

14. Choice of Law, Arbitration Agreement, and Forum Selection

14.1 Choice of Law

This Agreement is governed by the laws of the State of California, without regard to conflict of law provisions.

14.2 Pre-Arbitration Dispute Resolution

We are always interested in resolving disputes amicably and efficiently, and most user concerns can be resolved quickly by emailing us at playdamnbruh@gmail.com. If such efforts prove unsuccessful, a party may seek to submit the dispute to arbitration by sending to the other party, by certified mail, a written Notice of Dispute.

14.3 Arbitration Agreement

Except as identified in paragraph 14.4, below, disputes between you and damnbruh, or you and any other user of the damnbruh software, apps, or platform arising out of, relating to, or in connection with the Platform or any of the real cash lobbies and any interpretation or application of these Terms of Use or this arbitration provision shall be exclusively settled through binding arbitration pursuant to the then-current rules of the American Arbitration Association ("AAA") for consumer arbitration with the place of arbitration, unless conducted remotely pursuant to the aforementioned rules, being San Francisco, California. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited.

YOU AND damnbruh AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Notwithstanding any provision in this Agreement to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable neither you nor we will be entitled to arbitration. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator's award may be entered in any court of competent jurisdiction. Notwithstanding any provision in this Agreement to the contrary, we agree that if damnbruh makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice of to damnbruh. Information on AAA and how to start arbitration can be found at www.adr.org.

14.4 Selection of Arbitration

For any dispute in an amount less than $12,500 a party may select to have such dispute heard in the California Superior Court, in and for the County of San Francisco, in a Small Claims jurisdiction court. Prior to initiating any dispute the party initiating such dispute will notify the other party of the potential claim and their ability to select between arbitration pursuant to paragraph 14.3, above, or Small Claims process identified in this section. Such notice may be by email and text at the email or text address on file with damnbruh or for damnbruh, as identified herein. If no response is received within three (3) days on which the courts of California are open for business, the responding party agrees that they have waived the right to elect between the alternative dispute processes and the party issuing such notice's choice will be binding.

14.5 Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

14.6 Future Changes to Arbitration Agreement

Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future change to this Section 14, other than a change to the Notice Address, while you are a user of the Platform, you may reject any such change by ceasing all use of the Platform and sending us written notice within thirty (30) calendar days of the change. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Section 14, as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).

14.7 Forum Selection

If the arbitration procedure in this Section is found unenforceable or not to apply for a given dispute, then the parties agree that the proceeding must be brought exclusively in a court of competent subject matter jurisdiction with geographic jurisdiction over the County of San Francisco, California, or any part thereof.

15. Consent to Receive Notices Electronically

You consent to receive electronically any agreements, notices, disclosures, and other communications (collectively, "Notices") to which this Agreement refers including, without limitation, by e-mail, posting information and materials online at the Website, or other electronic communication technology that may hereafter be adopted or developed. You agree that all Notices that we provide to you electronically satisfy any legal requirements that such communications be in writing. Also, please note that your consent to receive notices is separate from any election that you make with respect to receipt of marketing communications, which is discussed under the Privacy Policy.

16. General

16.1 Availability

damnbruh will make reasonable efforts to keep the Platform operational. However, certain technical difficulties, routine maintenance/upgrades and other events outside the control of damnbruh may, from time to time, result in temporary interruptions to the Platform. In addition, damnbruh reserves the right at any time and from time to time to modify or discontinue (on a temporary or permanent basis) certain functions of the Website or Services or the entirety of the Platform, with or without notice.

16.2 No Support or Maintenance

You acknowledge and agree that damnbruh will have no obligation to provide you with any support or maintenance in connection with the Platform.

16.3 Changes to Terms of Use

You agree that damnbruh may modify this Agreement at any time by adding new terms or by deleting or amending existing terms. Such modifications will be effective as of the date that the updated terms are posted on damnbruh's website or through the Platform ("Effective Date"). Your continued access to and use of the Platform after the Effective Date (except for the withdrawal of any funds in your account) constitutes your acknowledgment of such modifications and your agreement to abide, and be bound, by the Agreement as modified. If you do not accept such modification(s), then you must stop using the Platform.

16.4 Access and Use Where Prohibited

Access to and use of the Platform are unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement.

16.5 Access and Use from Eligible Locations

Unless otherwise explicitly stated, all marketing or promotional materials found on or accessible through the Platform are solely directed to individuals located in the Eligible Locations. damnbruh reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on or through the Platform is void where prohibited.

16.6 Miscellaneous

This Agreement constitutes the entire agreement between you and us regarding the use of the Platform. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by damnbruh of any right or power hereunder preclude further exercise of that or any other right hereunder. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation." If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Nothing contained herein shall be construed to establish an employment, partnership, or joint venture relationship between you and damnbruh. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without damnbruh's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees. In the event damnbruh's performance of this Agreement, or any obligation hereunder, is prevented, restricted, or interfered with by reason of acts of God or of the public enemy, acts of the Government in its sovereign capacity, fires, floods, epidemic, pandemic, public health emergency, strikes, picketing or boycotts, or any other circumstances caused by natural occurrences or third party actions beyond the reasonable control and without the fault or negligence of damnbruh, damnbruh shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction or interference.

16.7 Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason by a court or tribunal of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its intent. If such modification is not possible, said provision shall be severed from this Agreement. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision of this Agreement, which shall remain in full force and effect.


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