Terms and Conditions
Effective Date: May 11, 2026
The terms of this agreement ("Terms of Service") govern the relationship between you and First Flame Studio Oy, a Finnish company (Business ID 3614969-1) having its registered office at Itämerenkatu 23, 00180 Helsinki, Finland, (hereinafter "First Flame Studio" or "Us" or "We") regarding your use of First Flame Studio's games, sites and related services (the "Service"). Use of the Service is also governed by First Flame Studio's Privacy Policy and other relevant policies, which are incorporated herein by reference.
Before accessing or using the Service, including browsing any First Flame Studio website or accessing a game, you must agree to these Terms of Service and acknowledge the Privacy Policy. When you access and use the Service, an account may be created for you ("Account"). By accessing the Service, you affirm that you are the legal age of majority in your country of residence. If you are not, your legal guardian must review and agree to these Terms of Service.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
IMPORTANT NOTICE: For U.S. and Canadian residents, you also agree that disputes with First Flame Studio must be resolved on an individual basis through final and binding arbitration as described in Section 7 (Dispute Resolution).
First Flame Studio reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service, its Privacy Policy and other relevant First Flame Studio policies at any time by posting the amended terms on the Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the First Flame Studio Privacy Policy, or any other First Flame Studio policy, rules or codes of conduct relating to your use of the Service, your right to use the Service shall immediately terminate, and you must immediately stop using the Service.
1. USING THE SERVICE
1.1. Your Right to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant First Flame Studio policies, you have a non-exclusive, non-transferable, non-sublicensable, revocable and limited right to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
The following restrictions apply to the use of the Service:
You accept full responsibility for any unauthorized use of the Service by minors.
You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by First Flame Studio, or previously been banned from playing any First Flame Studio game.
You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk, or spam e-mail or repetitive or misleading messages to anyone.
1.2. Login information and Your Account
If applicable, you may be required to select a password for your Account, or you may also use other credentials to access the Account ("Login Information"). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify First Flame Studio and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, whether or not authorized by you. You are responsible for anything that happens through your Account.
First Flame Studio reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party's rights.
The Service supports only one Account per game on a supported device.
1.3. Use Limitations
Any use of the Service in violation of these Use Limitations is strictly prohibited, can result in the immediate revocation of your limited right and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
Engage in any act that First Flame Studio deems to be in conflict with the spirit or intent of the Service or make improper use of First Flame Studio's support services.
Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, emulators, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any First Flame Studio game or any First Flame Studio game experience.
Modify or cause to be modified any files that are a part of the Service or any First Flame Studio game without First Flame Studio's express written consent.
Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users' experience when using the Service or playing First Flame Studio's games. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service.
Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Service or any First Flame Studio game environment.
Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service.
Attempt to gain unauthorized access to the Service, Accounts registered or used by others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by First Flame Studio, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including First Flame Studio employees, including First Flame Studio's customer service representatives.
Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a First Flame Studio employee.
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any First Flame Studio game, or to obtain any information from the Service or any First Flame Studio game using any method not expressly permitted by First Flame Studio.
Solicit, or attempt to solicit, Login Information or any other login credentials or personal information from other users of the Service or any First Flame Studio game.
Collect or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
Use any First Flame Studio game for gambling, betting or any similar activity in which prizes or rewards can be won (directly or indirectly), including betting on the outcome of matches in which you participate as a player, irrespective of whether or not there is a fee or stake involved.
Use the Service in any way that would violate any export controls, anti-money laundering rules, economic sanctions or similar laws or regulations including but not limited to those imposed by the United States of America and/or the European Union.
First Flame Studio reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. First Flame Studio reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.
1.4. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, FIRST FLAME STUDIO MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF WITH OR WITHOUT NOTICE TO YOU (i) IF YOU ARE, OR FIRST FLAME STUDIO SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH THESE TERMS OF SERVICE; OR (ii) FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE. YOU CAN LOSE YOUR USERNAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED VIRTUAL ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND FIRST FLAME STUDIO IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.
FIRST FLAME STUDIO RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
First Flame Studio reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your right to use the Service or a part thereof will be automatically terminated. In such event, First Flame Studio shall not be required to provide benefits or other compensation to users in connection with such discontinued Service. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
You may terminate your Account at any time and for any reason by following the process described on our support pages or in the game.
2. OWNERSHIP
2.1. Games and Service
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a First Flame Studio game client, and the First Flame Studio game clients and server software) are owned by First Flame Studio. First Flame Studio reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
2.2. Accounts
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF FIRST FLAME STUDIO.
2.3. Virtual Content
First Flame Studio owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in First Flame Studio games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual items, content, features, goods or services appearing or originating in any First Flame Studio game, or any other attributes associated with an Account or stored on the Service.
3. USER CONTENT
3.1. Submission of User Content
"User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a First Flame Studio game client or the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential or misleading; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by First Flame Studio in accordance with its Privacy Policy.
3.1.1. Content Screening
First Flame Studio assumes no responsibility for the conduct of any user submitting any User Content and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent, or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.
By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications. First Flame Studio reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If at any time First Flame Studio chooses, in its sole discretion, to monitor the Service, First Flame Studio nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
3.2. Information Use by Other Members of the Service
3.2.1. Public Discourse
The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. First Flame Studio cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Service. First Flame Studio shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
3.2.2. Responsible For Your Own Content
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. First Flame Studio may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of First Flame Studio violates these Terms of Service.
3.2.3. Your License to First Flame Studio
You hereby grant to First Flame Studio an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to First Flame Studio the right to authorize others to exercise any of the rights granted to First Flame Studio under these Terms of Service. You further hereby grant to First Flame Studio the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. First Flame Studio does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. First Flame Studio has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
3.3. User Interactions
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or First Flame Studio games. First Flame Studio reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with First Flame Studio to investigate any suspected unlawful, fraudulent, or improper activity, including, without limitation, granting First Flame Studio access to any password-protected portions of your Account.
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.
4. UPDATES TO THE SERVICE
You understand that the Service is an evolving one. First Flame Studio may require that you accept updates to the Service and to First Flame Studio's games you have installed on your device or computer. You acknowledge and agree that First Flame Studio may update the Service and First Flame Studio games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play First Flame Studio games.
5. DISCLAIMER OF WARRANTIES
WITHOUT LIMITING FIRST FLAME STUDIO’S LIABILITY UNDER SECTION 6 BELOW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. FIRST FLAME STUDIO DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
6. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIRST FLAME STUDIO SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES, INCLUDING LOSS OF DATA OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE THE SERVICE IS PROVIDED FREE OF CHARGE, FIRST FLAME STUDIO'S TOTAL LIABILITY TO YOU SHALL NOT EXCEED USD $100.00 USD IN THE AGGREGATE.
NOTHING IN THESE TERMS AFFECTS ANY STATUTORY CONSUMER RIGHTS OR EXCLUDES LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE.
You agree to indemnify and hold harmless First Flame Studio and its officers, directors, agents, and employees from any third-party claim arising out of your use of the Service or breach of these Terms, except where such claim results from your non-intentional and non-negligent conduct.
7. DISPUTE RESOLUTION
You and First Flame Studio agree that the processes for dispute resolution described in this agreement will apply to any dispute or claims related to these Terms of Service, the Privacy Policy, or the Service. Disputes include any claims of any kind, including but not limited to legal, equitable, or statutory claims, arising at any time, including before we entered into this agreement. Processes for dispute resolution will apply even if you stop using your Account, delete your Account, or stop using the Service.
Sections 7.1 to 7.7 apply to you if you are a resident of the United States or Canada. They do not apply to you if you are a resident of any other country.
7.1. Informal Dispute Resolution
If you have an issue that our customer support can't resolve, you and First Flame Studio agree to try to informally resolve any dispute directly with each other for at least thirty (30) days before starting an arbitration. The informal dispute resolution process starts when you give First Flame Studio written notice of the dispute through legal@firstflamestudio.com (“Dispute Notice”). In your Dispute Notice you agree to include your name, any relevant First Flame Studio game account name(s), mailing address, how best to contact you, what the problem is, and how you would like First Flame Studio to resolve the problem. If First Flame Studio has a dispute with you, First Flame Studio will send its Notice of Dispute to any email address you have associated with your First Flame Studio game account. All applicable statutes of limitations will be considered tolled beginning on the day a Dispute Notice is received as described herein. Except in the case of a Mass Arbitration (see below), this tolling shall end either on the date an arbitration is filed or thirty (30) days after submission of the Dispute Notice, whichever is earlier.
If your problem can’t be resolved by this informal dispute resolution process, you or First Flame Studio may initiate an arbitration in accordance with these Terms of Service, as described below. In the case that First Flame Studio cannot identify an email address or billing address associated with your game account, this section shall not apply to First Flame Studio, and it may immediately initiate an arbitration, as follows.
7.2. Arbitration
You and First Flame Studio agree to resolve any disputes exclusively in final and binding individual arbitration as follows:
Either you or First Flame Studio may choose to submit any dispute for resolution exclusively by final and binding arbitration unless the claim is within the exceptions described below. These arbitration proceedings shall be conducted on an individual basis only, meaning the dispute is solely between you and First Flame Studio. If you or First Flame Studio brings a claim in court that can be resolved by arbitration under this section, then either party can ask the court to order the parties to resolve the claim by arbitration. The arbitrator will have the exclusive authority to decide whether any portion of Section 7 (Dispute Resolution) is valid or enforceable, or whether it applies to a claim.
An arbitration proceeding will be held before a single neutral arbitrator. This means you and First Flame Studio agree to give up the right to resolve the dispute in a trial before a judge or jury. Arbitration has different rules than more formal lawsuits. For example, the ability to force the other side to share information may be more limited than the process called discovery in formal lawsuits. After the arbitrator decides the outcome, that decision will be final. You or First Flame Studio can ask the arbitrator to put a decision or award and the reasons for it in writing. Either of us can ask a court to confirm or enter the arbitrator’s final decision or award, which will make it the same as a court judgment. You and First Flame Studio will generally not be able to change the outcome of arbitration through courts outside of very limited circumstances.
7.3. Arbitration Process
The arbitration will be run by the American Arbitration Association (“AAA”). AAA’s rules and procedures will be used for the arbitration, including the Consumer Arbitration Rules. But if there is a conflict between these Terms of Service and AAA’s rules and procedures, then we will follow these Terms of Service. To review AAA’s Rules or to start arbitration, you can go to AAA’s website. If either of us decides to start arbitration, we agree to provide the other party with a written Demand for Arbitration as specified in the AAA Rules.
The fees for arbitration will be determined by AAA’s Consumer Arbitration Rules. If the arbitrator decides that those fees are excessive, First Flame Studio will pay the fees. Each side will pay their own attorneys’ fees and costs unless the claims allow the prevailing party to recover attorneys’ fees and costs, in which case the arbitrator may award them under the AAA Rules or applicable law. If either party challenges the validity of the arbitrator’s decision or award through a subsequent court case, that party will pay its own costs and attorneys’ fees associated with the challenge.
The arbitration will take place either in San Francisco, California, USA, in the county or province where you reside, or virtually.
7.4. Exceptions to Agreement to Arbitrate
You and First Flame Studio agree that the informal dispute resolution process in Section 7.1 and arbitration agreement in Section 7.2 will not apply to the following disputes:
Claims about First Flame Studio’s intellectual property, such as claims to enforce, protect, or concerning the validity of First Flame Studio’s copyrights, trademarks, trade dress, domain names, patents, trade secrets, or other intellectual property rights.
Claims related to piracy or tortious interference.
Claims that are not subject to an arbitration agreement as a matter of law and are not preempted by federal law that would allow for an agreement to arbitration.
Claims in small claims court.
Any dispute not subject to arbitration under these exceptions shall be resolved by a court of competent jurisdiction as described in Section 9 (Venue for Disputes Not Subject to Arbitration).
7.5. No Class Actions
You and First Flame Studio agree that we can only bring claims against each other on an individual basis. That means:
You cannot bring a claim against First Flame Studio as a plaintiff or class member in a class, collective, or representative action.
The arbitrator cannot combine any other person’s claims with yours into a single case or preside over any class, collective, or representative arbitration proceeding.
The arbitrator’s decision or award in your case will not apply to anyone else and cannot be used to decide other people’s disputes.
If this section 7.5 (No Class Actions) is found to be unenforceable or invalid, then the entirety of Section 7, including Sections 7.1 to 7.7, shall be void.
7.6. Mass Arbitration
If 25 or more similar arbitrable disputes (for example, your dispute against First Flame Studio) are filed by or with the assistance of the same law firm, group of law firms, organizations, or with representation that is consistent or coordinated across the cases, these will be considered “Mass Arbitration Cases,” and will be processed in accordance with AAA’s Mass Arbitration Supplementary Rules for consumer mass arbitration. You acknowledge and agree that depending on the circumstances, if you choose to file your individual claim as part of a Mass Arbitration, the resolution of your dispute may ultimately be resolved via global mediation or proceed to a court of competent jurisdiction. You or First Flame Studio may advise the other of a belief that certain cases are Mass Arbitration Cases, and disputes over whether a case or cases meet the contractual definition of “Mass Arbitration Case” will be decided by the arbitration provider as an administrative matter.
Demands for arbitration filed with the arbitration provider as part of the Mass Arbitration shall only proceed as permitted by the process set forth in this Section. Any applicable limitations periods (including statutes of limitations) for claims asserted in a Mass Arbitration Case will be tolled from the time a valid Dispute Notice has been received until the global mediation described below is completed, or the claim is otherwise settled, withdrawn, or resolved.
Once the opposing party (e.g., First Flame Studio, in the case of disputes against First Flame Studio) has been notified that all or substantially all Mass Arbitration Cases have been filed with the arbitration provider, and before the “Initiation” stage of the Mass Arbitration is complete, counsel for the parties shall confer in good faith regarding the number of cases that should proceed in the arbitration (as “bellwether” cases) to allow each side a reasonable opportunity to test the merits of its arguments. Only the Mass Arbitration Cases selected as bellwethers will proceed beyond the “Initiation” stage of the Mass Arbitration, and neither party will be required to pay per case fees for cases that are not selected. If counsel for the parties cannot agree on the number of bellwethers, each side shall select five (5) cases from among the claimants who have provided valid Dispute Notices, and only those selected cases will proceed beyond the Initiation stage of the Mass Arbitration. If counsel for the parties cannot agree on the number of bellwethers and the arbitration provider (or, in the arbitration provider's discretion, a process arbitrator) determines that more than 10 bellwethers are warranted, the arbitration provider (or process arbitrator) may set a higher, even number of bellwethers not to exceed ten percent (10%) of the Mass Arbitration Cases or 500, whichever is lower. Again, each side will select half of any additional bellwethers.
The parties agree that a limited service neutral shall be appointed to serve in the role of a process arbitrator as described by the AAA Mass Arbitration Rules, either by the arbitration provider in its discretion, or by selection agreed by the parties. Unless the parties agree otherwise, each bellwether case should be assigned to a different arbitrator that will decide the claim(s).
Only bellwether cases will proceed in arbitration. For a case that proceeds as a bellwether, you and First Flame Studio additionally agree that the following processes shall apply to make its resolution more efficient: A scheduling order setting forth deadlines across the bellwether cases, including deadlines for submission of documents and witness lists, completion of discovery, and filing of motions, shall be implemented. The process arbitrator or limited service neutral appointed to fill that role shall oversee administrative and procedural issues common to the cases, such as discovery, choice of law, and statute of limitations, and shall also oversee disputes regarding coordination and limitations on briefing, motions, and discovery requests across the cases to avoid duplication and burden on the parties. The parties may bring dispositive motions during these proceedings. The bellwether cases shall be heard on the documents, rather than by in-person, telephone, or videoconference hearings. Testimony via affidavit or recorded deposition shall be employed rather than requiring live witness testimony. The awards shall be in writing, executed in the form and manner required by law, and shall provide concise written reasons for the decision unless the parties agree otherwise.
Once the bellwether cases have concluded, or sooner should counsel for the parties agree, the parties will engage in a single global mediation of all remaining Mass Arbitration Cases, with First Flame Studio paying the applicable mediation fee. Counsel for both sides must agree on a mediator within thirty (30) days after the conclusion of the final bellwether case, but if they are unable to agree on a mediator within this time the arbitration provider or process arbitrator will appoint a mediator as an administrative matter. The parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.
If the global mediation does not yield a full resolution for all Mass Arbitration Cases, this arbitration requirement shall no longer apply to the Mass Arbitration Cases that were not resolved in bellwether cases. Such cases will not proceed in arbitration and may only proceed individually in court subject to the Applicable Law (Section 8) and Venue (Section 9) clauses of these Terms of Service. In such cases, you consent to venue exclusively in these courts. Nothing in this paragraph shall be construed as prohibiting either you or First Flame Studio from removing a case from state to federal court if removal is allowed under applicable law. To the extent your claim is part of the Mass Arbitration claims, you further agree to waive any objection or argument that the joinder of your claim with other Mass Arbitration claimants would be impracticable. If a formerly arbitrable dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only Mass Arbitration claimants who provided compliant Dispute Notices or filed Mass Arbitration Cases.
If this Section applies to your dispute with First Flame Studio and if, after exhaustion of all appeals, this Section is found to be unenforceable or invalid, then the entirety of Section 7 shall be void and any dispute will be resolved in court subject to the Applicable Law (Section 8) and Venue (Section 9) clauses of these Terms of Service.
7.7. Opt-Out of Arbitration Agreement and No Class Actions Provisions
You can choose to opt out of and not be bound by the Arbitration Agreement and No Class Action provisions above (Sections 7.1 to 7.6) by sending written notice of your decision to opt out to legal@firstflamestudio.com with the subject line “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” You must send us this notice within thirty (30) days of your first use of the Service or availability of this opt-out, whichever is later. If you do not send us a notice within that time, you will be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, First Flame Studio also will not be bound by them.
7.8. Alternative and Online Dispute Resolution
If you are a consumer based in the EU or EEA, you may make use of the Online Dispute Resolution platform offered by the European Commission as an out-of-court alternative to resolve disputes. You may also recourse to alternative dispute resolution and refer a dispute to the consumer disputes board or other corresponding out-of-court institution in your domicile.
8. APPLICABLE LAW
If you are a resident of the United States or Canada: (1) the United States Federal Arbitration Act (including its procedural provisions) governs the interpretation and enforcement of the agreement to arbitrate and no class actions provisions of Section 7, and (2) any dispute arising out of or related to these Terms of Service, the Privacy Policy, or the Service shall be governed in all respects by the laws of the State of California, USA without regard to conflict of law provisions.
If you are a resident outside of the United States and Canada, you agree that any claim or dispute arising out of or related to these Terms of Service, the Privacy Policy, or the Service shall be governed by the laws of Finland without regard to conflict of law provisions.
9. VENUE FOR DISPUTES NOT SUBJECT TO ARBITRATION
If you are a resident of the United States or Canada, you agree that any claim or dispute you may have against First Flame Studio that is not subject to arbitration under Section 7 must be resolved exclusively by a federal or state court located in San Francisco, California. You and First Flame Studio consent to venue and personal jurisdiction in San Francisco, California for all such claims or disputes.
If you are a resident outside of the United States and Canada, you agree that any claim or dispute you may have against First Flame Studio must be resolved exclusively by a court located in Helsinki, Finland.
10. SEVERABILITY
You and First Flame Studio agree that if any portion of these Terms of Service or of the First Flame Studio Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
11. GENERAL PROVISIONS
11.1. Assignment
First Flame Studio may assign or delegate these Terms of Service and/or the First Flame Studio Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without First Flame Studio's prior written consent, and any unauthorized assignment and delegation by you is ineffective.
11.2. Supplemental Policies
First Flame Studio may publish additional policies related to specific services such as forums, contests, or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
11.3. Entire Agreement
These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including the First Flame Studio Privacy Policy), contain the entire understanding of you and First Flame Studio, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.
11.4. No Waiver
The failure of First Flame Studio to require or enforce strict performance by you of any provision of these Terms of Service or the First Flame Studio Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of First Flame Studio's right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by First Flame Studio of any provision, condition, or requirement of these Terms of Service or the First Flame Studio Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by First Flame Studio shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of First Flame Studio.
11.5. Notices
We may notify you via postings in our games, on our website via e-mail or any other communications means to contact information you provide to us. You may also contact us via email at legal@firstflamestudio.com.
11.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to First Flame Studio are of a unique and irreplaceable nature, the loss of which shall irreparably harm First Flame Studio and which cannot be replaced by monetary damages alone so that First Flame Studio shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any First Flame Studio game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 6 (if any).
11.7. Force Majeure
First Flame Studio shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of First Flame Studio, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond First Flame Studio's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.