Aya Blocks

1. Definitions

For the purposes of these Terms and Conditions:

• "Company," "we," "us," or "our" refers to Digital Media Group, Inc.
• "Application," "App," "Service," or "Aya Blocks" refers to the Aya Blocks web application, including all content, features, and services provided through the application.
• "User," "you," or "your" refers to any individual who accesses, downloads, installs, or uses the Application.
• "Device" refers to any computer, smartphone, tablet, or other electronic device used to access the Application.
• "Content" refers to all text, graphics, images, audio, video, software, data, and other materials available through the Application.
• "User Content" refers to any content submitted, posted, transmitted, or otherwise made available by Users through the Application.

2. Acceptance of Terms

By accessing, downloading, installing, or using the Application, you:

• Confirm that you have read, understood, and agree to be bound by these Terms and Conditions in their entirety.
• Represent and warrant that you are at least 13 years of age. If you are under the age of 18, you represent and warrant that you have obtained parental or guardian consent to use the Application.
• Agree to comply with all applicable local, state, federal, and international laws, rules, and regulations.
• Acknowledge that these Terms constitute a binding legal agreement between you and the Company.

If you do not agree to these Terms, you must immediately cease all use of the Application and uninstall it from all Devices.

3. License and Permitted Use

3.1 Grant of License

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Application for your personal, non-commercial entertainment purposes only.

3.2 License Restrictions

You may not:

• Copy, modify, translate, adapt, or create derivative works of the Application or any part thereof.
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Application.
• Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application or any features or functionality of the Application to any third party.
• Remove, alter, or obscure any proprietary notices or labels on the Application.
• Use the Application for any commercial purpose or for the benefit of any third party.
• Use the Application in any manner that violates any applicable law or regulation.
• Use the Application to transmit any viruses, malware, or other harmful code.
• Interfere with or disrupt the integrity or performance of the Application or the data contained therein.
• Attempt to gain unauthorized access to the Application or its related systems or networks.
• Use any automated means, including bots, scrapers, or spiders, to access or interact with the Application.

3.3 Reservation of Rights

All rights not expressly granted to you under these Terms are reserved by the Company. The Company may terminate this license at any time for any reason or no reason.

4. User Accounts and Security

4.1 Account Creation

Certain features of the Application may require you to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

4.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to:

• Notify the Company immediately of any unauthorized use of your account or any other breach of security.
• Ensure that you exit from your account at the end of each session.
• Accept full responsibility for all activities that occur under your account, whether or not authorized by you.

The Company shall not be liable for any loss or damage arising from your failure to comply with the above security obligations.

5. User Conduct and Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Using the Application for any illegal purpose or in violation of any local, state, federal, or international law.
• Harassing, abusing, threatening, or intimidating other Users.
• Posting or transmitting any content that is defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise objectionable.
• Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
• Engaging in any activity that interferes with or disrupts the Application or the servers and networks connected to the Application.
• Attempting to circumvent any content filtering techniques or security measures employed by the Company.
• Using the Application to send unsolicited communications, promotions, or advertisements ("spam").
• Collecting or harvesting any personally identifiable information from other Users without their express consent.
• Cheating, exploiting bugs, or using unauthorized third-party software in connection with the Application.
• Engaging in any conduct that, in the Company's sole discretion, restricts or inhibits any other User from using or enjoying the Application.

The Company reserves the right to investigate and take appropriate legal action against anyone who violates these provisions, including removing offending content, suspending or terminating accounts, and reporting violations to law enforcement authorities.

6. Intellectual Property Rights

6.1 Company Ownership

The Application and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2 Aya Blocks Intellectual Property

All game code, artwork, graphics, characters, storylines, music, sound effects, brand names, logos, trademarks, service marks, trade dress, mechanics, platform systems, and related assets associated with Aya Blocks are the exclusive property of Digital Media Group, Inc. These materials are protected by copyright, trademark, and other intellectual property laws.

6.3 No Transfer of Rights

These Terms do not convey to you any rights of ownership in or related to the Application, nor any intellectual property rights owned by the Company. The Company name, the Company logo, Aya Blocks, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors.

6.4 Unauthorized Use

Unauthorized copying, redistribution, resale, modification, reverse engineering, or creation of derivative works based on the Application or any of its contents is strictly prohibited and may result in civil and criminal penalties.

7. User Content

7.1 Submission of User Content

The Application may allow you to submit, post, display, transmit, or otherwise make available content, including but not limited to text, images, audio, video, and other materials ("User Content"). You retain ownership of any User Content you submit.

7.2 License to Company

By submitting User Content, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Application and the Company's business, including for promoting and redistributing part or all of the Application.

7.3 Representations and Warranties

You represent and warrant that:

• You own or control all rights in and to your User Content and have the right to grant the license set forth in Section 7.2.
• Your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person or entity.
• Your User Content does not violate any applicable law or regulation.

7.4 Content Monitoring and Removal

The Company has the right, but not the obligation, to monitor, review, edit, or remove any User Content at any time and for any reason in its sole discretion. The Company is not responsible for the accuracy, completeness, appropriateness, or legality of User Content.

8. Disclaimers and Assumption of Risk

8.1 "As Is" Basis

THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

8.2 No Warranty of Uninterrupted Service

THE COMPANY DOES NOT WARRANT THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION WILL BE ACCURATE OR RELIABLE.

8.3 No Warranty of Device Compatibility

THE COMPANY DOES NOT WARRANT THAT THE APPLICATION WILL BE COMPATIBLE WITH YOUR DEVICE OR THAT THE APPLICATION WILL FUNCTION WITHOUT INTERRUPTION OR ERROR ON YOUR DEVICE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR DEVICE MEETS ALL NECESSARY TECHNICAL SPECIFICATIONS TO USE THE APPLICATION.

8.4 Assumption of Risk

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APPLICATION IS ENTIRELY AT YOUR OWN RISK. THE APPLICATION MAY CONTAIN BUGS, ERRORS, OR OTHER ISSUES THAT COULD CAUSE LOSS OF DATA, DAMAGE TO YOUR DEVICE, OR OTHER PROBLEMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF THE APPLICATION.

8.5 No Professional Advice

Any information or content provided through the Application is for general informational and entertainment purposes only and does not constitute professional advice of any kind.

9. Limitation of Liability

9.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE APPLICATION, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Personal injury, pain and suffering, emotional distress, or death.
• Loss of revenue, loss of profits, loss of business, or anticipated savings.
• Loss of use, loss of goodwill, or loss of data.
• Cost of substitute goods or services.
• Any other intangible losses.

THIS LIMITATION APPLIES WHETHER THE DAMAGES ARISE FROM TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 Cap on Liability

IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APPLICATION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE APPLICATION DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE, OR ONE HUNDRED UNITED STATES DOLLARS ($100.00), WHICHEVER IS GREATER.

9.3 Essential Purpose

The limitations of liability set forth in this Section 9 are fundamental elements of the basis of the bargain between you and the Company. The Company would not be able to provide the Application on an economic basis without such limitations.

9.4 User Responsibility for All Outcomes

YOU ACKNOWLEDGE AND AGREE THAT ANYTHING THAT TAKES PLACE WHILE YOU ARE USING THE APPLICATION, INCLUDING BUT NOT LIMITED TO ANY ACTIONS YOU TAKE, DECISIONS YOU MAKE, INTERACTIONS YOU HAVE WITH OTHER USERS, AND ANY CONSEQUENCES THEREOF, IS SOLELY YOUR RESPONSIBILITY AND NOT THE FAULT OR RESPONSIBILITY OF THE COMPANY. YOU AGREE TO HOLD THE COMPANY HARMLESS FROM ANY CLAIMS, DAMAGES, OR LOSSES ARISING FROM YOUR USE OF THE APPLICATION.

10. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms.
• Your use of the Application, including but not limited to your User Content or any use of the Application's content, services, and products other than as expressly authorized in these Terms.
• Your violation of any rights of another, including but not limited to intellectual property rights.
• Your violation of any applicable law, rule, or regulation.
• Any negligent or wrongful conduct by you.

11. Third-Party Links and Services

The Application may contain links to third-party websites, services, or resources that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

Your interactions with third-party websites or services found on or through the Application are solely between you and such third parties. You should review the applicable terms and policies, including privacy and data gathering practices, of any third-party websites or services.

12. In-App Purchases and Virtual Items

12.1 Virtual Currency and Items

The Application may offer virtual currency, virtual goods, or other digital items (collectively, "Virtual Items") that may be purchased with real money or earned through gameplay. Virtual Items have no monetary value and cannot be redeemed for cash or any other tangible goods or services.

12.2 No Refunds

All purchases of Virtual Items are final and non-refundable, except as required by applicable law. The Company reserves the right to modify, manage, control, or eliminate Virtual Items at any time, with or without notice.

12.3 No Transfer of Ownership

You acknowledge that you do not own the Virtual Items and that the Company has the absolute right to manage, regulate, control, modify, or eliminate Virtual Items as it sees fit in its sole discretion.

13. Termination

13.1 Termination by User

You may terminate these Terms at any time by ceasing all use of the Application and deleting your account, if applicable.

13.2 Termination by Company

The Company may terminate or suspend your account and access to the Application immediately, without prior notice or liability, for any reason whatsoever, including but not limited to:

• Your breach of these Terms.
• Your violation of any applicable law or regulation.
• Your conduct that the Company determines to be harmful to other Users, the Company, or third parties.
• Extended periods of inactivity.
• Any reason or no reason at all, in the Company's sole discretion.

13.3 Effect of Termination

Upon termination, your right to use the Application will cease immediately. All provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before filing any claim against the Company, you agree to try to resolve the dispute informally by contacting the Company at support@ayablocks.com. The Company will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within thirty (30) days of submission, you or the Company may bring a formal proceeding.

14.2 Agreement to Arbitrate

You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Application (collectively, "Disputes") will be resolved exclusively through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

14.3 Arbitration Rules

The arbitration will be conducted by the American Arbitration Association ("AAA") under its then-current Consumer Arbitration Rules. The arbitration will be conducted in the English language. The arbitrator's decision will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

14.4 Class Action Waiver

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, OR CONSOLIDATED ARBITRATIONS.

14.5 Jury Trial Waiver

YOU AND THE COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. YOU AND THE COMPANY ARE INSTEAD ELECTING THAT ALL DISPUTES BE RESOLVED BY ARBITRATION.

15. Governing Law and Jurisdiction

15.1 Governing Law

These Terms and any Dispute arising out of or relating to these Terms or the Application shall be governed by and construed in accordance with the laws of the State of Florida and the United States of America, without regard to its conflict of law principles.

15.2 Exclusive Jurisdiction

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Application shall be instituted exclusively in the federal or state courts located in Miami-Dade County, Florida. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

15.3 Waiver of Sovereign Immunity Defenses

To the extent that you are a governmental entity or otherwise claim sovereign immunity, you hereby waive any such immunity with respect to any Dispute arising out of or relating to these Terms or the Application.

16. Modifications to Terms

The Company reserves the right, in its sole discretion, to modify, update, or replace these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on the Application and updating the "Effective" date at the top of these Terms.

Your continued use of the Application after any such changes constitutes your binding acceptance of the new Terms. If you do not agree to the revised Terms, you must stop using the Application.

It is your responsibility to review these Terms periodically for changes.

17. Modifications to the Application

The Company reserves the right to withdraw, suspend, or discontinue all or any part of the Application at any time without notice. The Company will not be liable if for any reason all or any part of the Application is unavailable at any time or for any period.

The Company may also impose limits on certain features and services or restrict your access to parts or all of the Application without notice or liability.

18. Privacy Policy

Your use of the Application is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.

19. Electronic Communications

By using the Application, you consent to receive electronic communications from the Company. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

20. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

21. Waiver

No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

22. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published by the Company on the Application, constitute the entire agreement between you and the Company regarding the Application and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Application.

23. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without the Company's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. The Company may freely assign or transfer these Terms without restriction.

24. Force Majeure

The Company shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond the Company's reasonable control, including but not limited to mechanical, electronic, or communications failure or degradation, 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.

25. Export Control

You may not use, export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported into any U.S.-embargoed countries or to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List.

26. Age Restriction

Our games are open for everyone to play. However, you must be at least 13 years old to create an account and sign up to play them online.

If you are under 13, you may enjoy the games without signing up, but you are not permitted to register or provide personal information. If you are between the ages of 13 and 17, you may sign up only with the involvement and consent of a parent or legal guardian.

If we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will take steps to remove that information from our servers.

27. Contact Information

If you have any questions about these Terms, please contact us:

• Company Name: Digital Media Group, Inc.
• Email: support@ayablocks.com
• WhatsApp: +233 25 677 3636
• Address: United States of America