WHAT IS ALREADY DEAD MAY NEVER DIE

PRIVACY POLICY

Kill Your Friends is owned by Splatatat Pty Ltd Privacy Policy

Last Updated August 2020

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Your privacy is an important priority for us. This Privacy Policy explains the information we collect and how we use it. Let us know if you have questions by emailing us at info@killyourfriends.co

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By using this site and/or any of our Services, as defined below, you agree to this Privacy Policy and to our Terms of Service, which incorporates this Privacy Policy.

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1. Introduction

This Privacy Policy explains how Splatatat Pty Ltd manages information collected when you access and use our website(s) ("Sites"), content, official social media pages, and products(collectively, our "Services"). Splatatat Pty Ltd is the trading company and owner of both “Splatatat” and “Kill Your Friends”. The terms “Splatatat”, “Kill Your Friends”, “our”, “we”, and “us” includes Splatatat Pty Ltd and our affiliates and subsidiaries.

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2. Personal Information Collection and Use

When you use our Services, Splatatat Pty Ltd collects information from you, including personal information. The specific types of personal information collected varies with the activity, but may include your name, email address, phone number, mobile phone number, postal address and credit card or payment information. Some of the ways you may provide personal information are as follows:

  • Purchase our products
    When you purchase our products, we will ask you to provide personal information.
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  • Communications with Splatatat Pty Ltd
    We may collect personal information from you when you choose to request information about our Services, request customer or technical support or otherwise communicate with us.
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  • Sign up for our emails, newsletters
    Individuals who provide us with personal information, or whose personal information we obtain from third parties may receive periodic emails, newsletters, or mailings from us with information on Splatatat Pty Ltd products and Services or upcoming offers/events we believe may be of interest.
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  • Surveys
    From time to time, we may ask you to participate in surveys. If you do decide to participate, you may be asked to provide certain information which may include personal information. All information collected from your participation in our surveys is provided by you voluntarily. We may use this information to improve our products, Services and in any manner consistent with this Privacy Policy.
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  • Register for contests and special events
    Occasionally, Splatatat Pty Ltd may run sweepstakes, contests, and other special events. Any contact information you provide may be used to reach out to you about the event for which you registered and for other marketing and business purposes.
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  • Automatic Data Collection
    When you access our Services, we and our third party service providers use automated technologies to collect certain information. The types of information collected may include demographic information such as gender, age, post code, information about your computer, software, platform, mobile device, and other particulars, including unique device IDs, cookie identifiers, incident data, Internet Protocol (IP) address, Media Access Control (MAC) address, connection, browser type and language, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services such as preferences.
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  • Information Submitted via the Services
    You agree that Splatatat Pty Ltd is free to use the content of any communications submitted by you via the Services, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose including developing, manufacturing, and/or marketing goods or Services. Splatatat Pty Ltd will not release your name or otherwise publicise the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first send notice to you that the materials or other information you submit to a particular part of a Service will be published or otherwise used with your name on it; or (c) we are required to do so by law.
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  • Information from Other Sources
    We may receive information about you from other sources, including through third party services and organisations to supplement information provided by you. For example, if you access our Services through a third party application, such as an App Store, we may collect information about you from that third-party application that you have made public or is visible via your privacy settings. This supplemental information allows us to verify information that you have provided to Splatatat Pty Ltd and to enhance our ability to provide you with information about our business, products, and Services.
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Information Collected by Others‍

Our Services may contain advertisements, offers and links from companies other than Splatatat Pty Ltd that may link to their own websites. In addition, other websites may reference or link to our Services. We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party websites or services. Visiting these other websites or applications is at your own risk.

In addition, Splatatat Pty Ltd Services may include publicly accessible blogs and community forums. The Services may also contain links and interactive features with various social media platforms (e.g.widgets). If you already use these platforms, their cookies may be set on your device when using our Services. You should be aware that personal information which you voluntarily include and transmit online in a publicly accessible blog, social media platform or otherwise online, or that you share in an open forum may be viewed and used by others without any restrictions. We are unable to control such uses of your information when interacting with a social media platform, and by using such services you assume the risk that the personal information provided by you may be viewed and used by third parties for any number of purposes.

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Automated Tracking Technologies and Cookies

When you access our Services, we and our third party service providers use automated tracking technologies such as cookies, web beacons and pixel tags. These technologies generally help us better understand user behaviour, tell us about web visits, facilitate advertisements, and track game preferences. For example, web beacons, allow us to know if a certain page was visited or whether an e-mail was opened. Pixel tags allow us to advertise more efficiently by excluding our current users from certain promotional messages, identifying the source of a new installation or delivering ads to you on other websites. Locally shared objects also known as flashcookies, which help us to prevent fraud and speed up load times. If you would like to opt out of the automated technologies we employ on our Services, you may do so by blocking, deleting or disabling them as your browser or device permits.

We may also use Google Analytics and Google Analytics Demographics and Interest Report to collect information regarding visitor behaviour and visitor demographics on some of our Services, and to develop content for the Services. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners . You can opt out of Google Analytics’ collection and processing of data generated by your use of the Services by going to tools.google.com/dlpage/gaoptout .

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3. How We Use the Information We Collect

We use the information we collect as follows:

To Provide Products, Services Or Information Requested†, including:

  • To fulfill (directly or through our authorised partners) your purchase, access or use of our Services;
  • To respond to user and customer inquiries, provide technical support and solicit feedback to improve our Services;
  • To allow you to register for events.

Administrative Purposes, including:

  • To measure your interest in Splatatat Pty Ltd Services;
  • To develop new products and Services;
  • To ensure internal quality control;
  • To communicate with you about the Services;
  • To prevent potentially prohibited or illegal activities;
  • To enforce our Terms of Service or other agreements.

To Market Splatatat Pty Ltd and our affiliates Products and Services, including:

  • To tailor content, advertisements, and offers;
  • To notify you about offers, products and services that may be of interest to you;
  • To provide you with periodic emails and newsletters;
  • Otherwise as you consent.

You may contact us at any time to opt out of the use of your personal information for marketing purposes as further described below.

  • Research and Development
    Splatatat Pty Ltd may use your Information to help us optimally deliver our existing products and Services and develop new products and Services.
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  • Services via Mobile Devices
    Splatatat Pty Ltd may provide Services that are specifically designed to be compatible and used on mobile devices. Splatatat Pty Ltd will collect certain information that your mobile device sends when you use such Services, like a device identifier, user settings, location information, mobile carrier, and the operating system of your device. In addition, Splatatat Pty Ltd may enable individuals to download an application, widget, or other tool that can be used on mobile or other computing devices. Some of these tools may store information on mobile or other devices. These tools may transmit personal information to Splatatat Pty Ltd. Splatatat Pty Ltd may use the information transmitted to it to enhance these tools, to develop new tools, for quality improvement and as otherwise described in this Privacy Policy.
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  • Anonymous or Aggregated Information
    Splatatat Pty Ltd may use personal information and other information about you to create anonymised and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access Splatatat Pty Ltd Services, or other analyses we create. Anonymised and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Services. Anonymised or aggregated information is not personal information, and Splatatat Pty Ltd may use such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. We may share this information within Splatatat Pty Ltd and with third parties for our or their purposes in an anonymised or aggregated form that is designed to prevent anyone from identifying you.
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  • Sharing Content
    Splatatat Pty Ltd Services may offer various tools and functionalities. For example, our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Email addresses that you may provide for a friend or colleague will be used to send your friend or colleague the content or link you request, but will not be collected or otherwise used by Splatatat Pty Ltd or any other third parties for any other purpose.

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Other Uses

Splatatat Pty Ltd may use personal information to pursue our legitimate interests (e.g., direct marketing, research (including marketing research), fraud prevention, network and information security, and disclosure to affiliated organisations for administrative tasks), for any other purpose disclosed to you at the time you provided such information, or otherwise with your consent.

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4. Sharing and Disclosure of Your Information

As a rule, we don’t share your personal information except as provided below. In limited circumstances, we may share your information (in some cases personal information) with third parties. We discuss these limited exceptions in greater detail below.

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Displaying to Others‍

The Services may allow you to post content which may be publicly displayed or available to others. Other individuals may be able to see some information about you, such as your name, profile picture, and the content you post. We are not responsible for the privacy practices of other users who will view and use the posted information.

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Safety, Security and Compliance with Law

Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Services and may be disclosed as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms of service; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; (g) to allow us to pursue available remedies or limit the damages that we may sustain; and (h) if we, in good faith, believe that disclosure is otherwise necessary or advisable.

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Sale or Merger

If we are involved in a merger, acquisition, financing due diligence, reorganisation, bankruptcy, receivership, sale of company assets, or transition of service to another provider, then your information may be sold or transferred as part of such transaction as permitted by law and/or contract. In such event, we will endeavor to direct the transferee to use your information in a manner that is consistent with this Privacy Policy.

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Third Party Service Provider

We may share your information with authorised third party service providers to perform a variety of operational and marketing services on our behalf, including, but not limited to, payment processing, product shipments, data analysis, e-mail and newsletter delivery, hosting and storage services, customer service and to assist us in our marketing efforts. We direct and rely on representations of these third party service providers to maintain the confidentiality of your information and to use your information only to provide services on our behalf. Please be aware that third party service providers, such as Apple, Google and Amazon independently collect personal information relating in connection with your access, use or purchase of our Services. Your information provided to those third parties will be governed by their own privacy policies.

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Targeted and Behavioural Advertising

Through our Services, Splatatat Pty Ltd may allow third-party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities (e.g., your IP address, device or cookie ID, page(s) visited, time of day). We may also share non-personal information (e.g., aggregated and non-attributable data) and certain technical information (including IP Addresses and mobile device IDs) to develop and deliver targeted advertising in the Services and on the websites or platforms of third parties.

Under these programs, we may allow advertisers to collect this information and share it with us. Advertisers collect this information through the use of automated tracking technologies like browser cookies and web beacons as described above. This information (and similar information collected from other websites) is used to tailor and offer you targeted ad-selection and delivery in order to personalise your user experience by ensuring that advertisements for products and services you see will appeal to you, a practice known as behavioral advertising, as well as web analytics (i.e. to analyse traffic and other end user activity to improve your experience). To learn more about behavioural advertising or to opt-out of this type of advertising for participating ad networks, please review Your Information Choices and Tools below.

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5. Your Information Choices and Tools

The privacy of our customers is important to us. In many cases, you can manage information collected about you or your activities and opt-out of certain programs by following the guidelines below.

In accordance with applicable law, you may have the right to object to our processing of your information and/or withdraw your consent. You may do so by emailing info@splatatat.com.au

In some cases, you may prevent the installation of cookies by adjusting your browser settings. Please note that if you disable cookies, it is possible that you may not use all functionalities of Splatatat Pty Ltd Services. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt out of certain mobile ads via their device settings. To learn more about behavioural advertising or to opt-out of this type of advertising for participating ad networks, please visit the Network Advertising Initiative or the Digital Advertising Alliance.

To manage the information Splatatat Pty Ltd receives about you from a third party, you will need to follow the instructions at that site for updating your information and changing your privacy settings (if available). You can manage certain aspects of information collection and use by going to the settings of your (mobile) device and reviewing the permissions of each application. Once Splatatat Pty Ltd receives your information from a third party provider, that information is stored and used by Splatatat Pty Ltd in accordance with this Privacy Policy, and you may access and update that information as described below. Accounts created with Splatatat Pty Ltd are considered active until we receive a user request to delete them or deactivate them.

You can turn off push notifications by visiting the "options" or "settings" page within the relevant App. You can turn off local notifications by visiting the "options" or "settings" page within the relevant game. You can also stop use of your geo-location (for example through "check-ins") by visiting your device's settings for the relevant application or the "settings" page for the relevant game. You can also stop checking in.

You can choose to opt out of receiving additional promotional e-mails from Splatatat Pty Ltd by clicking on the "unsubscribe" link in any such e-mail. Please note that once we receive your request, it may take an additional period of time for your opt-out to become effective.

If you no longer want Splatatat Pty Ltd to process or make active use of your information, you may send an e-mail to info@splatatat.com . Place "Delete My Account" in the subject line and include your first name, last name, e-mail address (if applicable) in the body of the e-mail. Please note that we will process these requests in accordance with applicable laws and certain records will be retained for legal and accounting purposes. If you have sent or posted content on the Services, we may not be able to delete it. Please consult the privacy policies of those third party providers to learn about their removal procedures.

In accordance with applicable law, you may have the right to: (i) request confirmation of whether we process your personal information; (ii) obtain access to or a copy of your personal information; (iii) receive a portable, electronic copy of your personal information; or (iv) seek correction of inaccurate or incomplete personal information, subject to certain exceptions prescribed by law. If you would like to exercise any of these rights, please contact us at info@splatatat.com

We will process such requests in accordance with local laws. To protect your privacy, Splatatat Pty Ltd will take commercially reasonable steps to verify your identity before granting access to or making any changes to your personal information.

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6. International Transfers, Information Security and Retention


International Transfers

You agree that all information collected via or by Splatatat Pty Ltd may be transferred, processed, and stored anywhere in the world, including but not limited to, Australia, the United States, the European Union, in the cloud, on our servers, on the servers of our affiliates, or the servers of our service providers, in order to provide the Services.

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Information Security

Splatatat Pty Ltd uses reasonable measures to protect personal information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. You use our Services at your own risk, and you’re responsible for taking reasonable measures to secure your accounts (like a strong password). If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us at info@splatatat.com

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Retention

We will retain your personal information for the period necessary to fulfill the purposes for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements and comply with applicable laws.

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7. Our Policies Concerning Children

Kill Your Friends is not recommended for anyone under the age of 18. While Splatatat is a product intended for family play, as noted in the Terms of Use, we do not knowingly collect or solicit personal information from anyone under the age of 13 (and in certain jurisdictions under the age of 16). If you are under 13 (or 16 where applicable), please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have inadvertently collected personal information from a child under age 13 (and in certain jurisdictions under the age of 16), we will promptly take steps to delete such information. If you believe that a child under 13 (and in certain jurisdiction under the age of 16) may have provided us personal information, please contact info@splatatat.com

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8. Changes to Our Privacy Policy

We may revise this Privacy Policy from time to time in our sole discretion. If there are any material changes to this Privacy Policy, Splatatat Pty Ltd will notify you by email or as otherwise required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you use the Services after the updated Privacy Policy is posted on the Services. If at any point you do not agree to any portion of the Privacy Policy in effect, you must immediately stop using the Services.

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9. Contact Us

If you have any questions, comments or concerns regarding our Privacy Policy and/or practices, please send us e-mail to info@splatatat.com

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10. Terms of Service Agreement

Effective as of 1 April 2019

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1. Agreement to Terms

This Terms of Service Agreement ("Terms") is a legally binding contract between you and Splatatat Pty Ltd, the trading company and owner of both “Splatatat” and “Kill Your Friends”, (hereinafter “Splatatat”, “Kill Your Friends”, “our”, “we”, and “us”), and governs your use of Splatatat Pty Ltd website(s) ("Sites"), content, official social media pages, and products (collectively, our "Services").

BY USING THIS SITE AND ANY OF OUR SERVICES, YOU AGREE TO THESE TERMS. YOU ALSO AGREE TO SPLATATAT PTY LTD PRIVACY POLICY WHICH IS AVAILABLE HERE AND INCORPORATED INTO THESE TERMS HERE BY REFERENCE. IF YOU ARE OUTSIDE OF AUSTRALIA YOU CONSENT TO LETTING SPLATATAT PTY LTD TRANSFER, STORE AND PROCESS YOUR INFORMATION (INCLUDING YOUR PERSONAL INFORMATION) IN AUSTRALIA . IF YOU DON’T AGREE TO THE TERMS, YOU CAN’T USE ANY OF OUR SERVICES AND ARE PROHIBITED FROM FURTHER ACCESS.

End users of our Services are also subject to Splatatat Pty Ltd’s End User License Agreement or EULA available here. Additional posted guidelines and conditions of use ("Conditions") may be applicable to products or specific areas of the Services.

Important Notice: These Terms require the use of arbitration (Section 8 below)on an individual basis to resolve disputes, rather than jury trials of class actions and also limit the remedies available to you in the event of a dispute.

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2. Updates to our Terms, Policies, or Conditions

We can change these Terms, including our Privacy Policy and any Conditions, at any time. If a change is material, we’ll let you know by posting the amended Terms, Privacy Policy, or any Conditions on or within the Services, such as this page. It is your responsibility to periodically check the Terms of Service and Privacy Policy areas for changes. By using any of the Services on or after the Effective Date, as listed above, you agree to the updated Terms.

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3. Children

Kill Your Friends is not recommended for anyone under the age of 18. You must be 18 years or older to use the Services. By using our Services, you affirm and represent that you are over 18.

Splatatat however is a product intended for family play. By using the Services, you represent and warrant that all information you submit is truthful and accurate.

Splatatat Pty Ltd does not knowingly collect personal information from anyone under 13. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms and to our Privacy Policy.

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7. Limited License to Use the Services

Subject to these Terms, Splatatat Pty Ltd grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations described in detail in these Terms to use the Services solely for your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose.

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5. Third Party Services

If you use our Services on or through a third party service, you will be required to agree to and comply with their separate terms and conditions. You are responsible for full compliance and for fees that you incur when accessing the Services through third party services.

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6. Member Disputes

You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services and/or Splatatat Pty Ltd games. Splatatat Pty Ltd reserves the right, but has no obligation, to become involved in any way with these disputes.

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7. Release

If you have a dispute with one or more users, you release Us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data.

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8. Indemnification

You agree to indemnify, save, and hold Splatatat Pty Ltd, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Services, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein.

Splatatat Pty Ltd reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Splatatat Pty Ltd, and you agree to cooperate with Splatatat Pty Ltd defense of these claims. Splatatat Pty Ltd will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your Account(s) or of your use of the Services.

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9. Arbitration

If a dispute arises between you and Splatatat Pty Ltd, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, we strongly encourage you to first contact us directly to seek an informal resolution through our customer support team. If any dispute cannot be settled informally, you and Splatatat Pty Ltd agree to resolve any claim or controversy at law or equity relating to this Agreement or the Services (a "Claim") through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

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10. Force Majeure

Splatatat Pty Ltd shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Splatatat Pty Ltd including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Splatatat Pty Ltd control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

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11. Contact Info

Questions? Let us know by sending email to info@splatatat.com