ELFWORLD

TERMS AND CONDITIONS OF ACCESS AND USE

MANDATORY ARBITRATION – CLASS ACTION WAIVER – LIMITATION OF LIABILITY – WAIVER OF JURY TRIAL

THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND ELFWORLD.
PLEASE READ IN ITS ENTIRETY BEFORE ACCESSING OR USING ANY SERVICES.

These Terms and Conditions (the “Agreement”) govern your access to and use of all websites, applications, software, systems, digital platforms, content, products, and services made available by ELFWORLD (“ELFWORLD,” “Company,” “we,” “us,” or “our”) (collectively, the “Services”).

BY ACCESSING, REGISTERING FOR, DOWNLOADING, OR USING THE SERVICES IN ANY MANNER, YOU IRREVOCABLY ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, YOU MUST IMMEDIATELY CEASE ALL USE.

1. UNILATERAL AMENDMENT; CONTINUING ASSENT

ELFWORLD reserves the absolute, discretionary right to amend, modify, expand, restrict, replace, or terminate this Agreement at any time, for any reason or no reason, without prior notice.

Modifications shall become effective immediately upon posting or implementation. Your continued access to or use of the Services following any modification constitutes conclusive and irrevocable acceptance of the revised Agreement, regardless of whether you reviewed the changes.

ELFWORLD shall have no obligation to notify you individually of any modification. You waive any claim that changes required specific notice or additional consent.

2. ELIGIBILITY; REPRESENTATIONS

You represent, warrant, and covenant that:

• You possess full legal capacity and authority to enter this Agreement.

• You are not prohibited from using the Services under applicable law.

• All information provided by you is accurate, complete, and current.

• Your use will comply strictly with all applicable laws and regulations.

Any breach of the foregoing shall constitute a material breach, entitling ELFWORLD to immediate termination and pursuit of all remedies available at law or in equity.

3. LICENSE GRANT; RESTRICTIONS; REVOCABILITY

Subject to strict compliance, ELFWORLD grants a limited, revocable, conditional, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for their intended purposes.

This license may be suspended or revoked at any time, with or without notice, at ELFWORLD’s sole discretion.

You shall not, directly or indirectly:

• Reverse engineer, decompile, scrape, extract, or exploit any portion of the Services;

• Circumvent security measures or access restrictions;

• Use the Services to develop competing products;

• Engage in automated access without express written authorization;

• Interfere with system integrity or performance.

Any unauthorized use automatically terminates all rights granted herein.

4. MONITORING; DATA ACCESS; DISCLOSURE

ELFWORLD reserves the unrestricted right to monitor, audit, intercept, record, preserve, and disclose any data, communications, or activities associated with your use of the Services, to the fullest extent permitted by law.

You acknowledge and agree that:

• You have no expectation of privacy in connection with your use of the Services;

• ELFWORLD may disclose information to law enforcement, regulators, or third parties without notice to you;

• ELFWORLD may retain data indefinitely.

5. ASSUMPTION OF RISK; DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

THE SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELFWORLD DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY

• FITNESS FOR A PARTICULAR PURPOSE

• NON-INFRINGEMENT

• ACCURACY OR COMPLETENESS

• SECURITY OR ERROR-FREE OPERATION

• CONTINUOUS OR UNINTERRUPTED ACCESS

ELFWORLD DOES NOT WARRANT THAT THE SERVICES WILL BE FREE FROM VIRUSES, INTRUSIONS, OR OTHER HARMFUL COMPONENTS.

YOU ASSUME FULL RESPONSIBILITY FOR ANY DAMAGE TO YOUR SYSTEMS, DATA LOSS, OR OTHER HARM RESULTING FROM USE.

6. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL ELFWORLD OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;

• LOSS OF PROFITS, DATA, REVENUE, GOODWILL, OR BUSINESS INTERRUPTION;

• SECURITY BREACHES OR UNAUTHORIZED ACCESS;

• THIRD-PARTY CONDUCT;

• SYSTEM FAILURES OR DATA CORRUPTION;

• ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY.

IN NO EVENT SHALL ELFWORLD’S TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF:
(A) THE AMOUNT YOU PAID TO ELFWORLD IN THE PRECEDING TWELVE (12) MONTHS; OR
(B) ONE HUNDRED U.S. DOLLARS (USD $100).

YOU EXPRESSLY WAIVE ANY CLAIM FOR DAMAGES IN EXCESS OF THIS LIMITATION.

7. EXPANSIVE INDEMNIFICATION

You agree to defend, indemnify, and hold harmless ELFWORLD and its affiliates, officers, directors, employees, agents, contractors, licensors, successors, and assigns from and against any and all claims, demands, actions, investigations, liabilities, damages, losses, judgments, settlements, penalties, fines, costs, and expenses (including reasonable attorneys’ fees and enforcement costs) arising out of or relating to:

• Your access to or use of the Services;

• Your violation of this Agreement;

• Your violation of any law or third-party right;

• Any content, data, or materials submitted, transmitted, or generated by you;

• Any dispute between you and any third party.

This indemnification obligation:

• Applies regardless of fault or negligence;

• Includes claims arising from ELFWORLD’s own passive negligence to the extent permitted by law;

• Survives termination indefinitely;

• Requires you to advance defense costs upon demand.

ELFWORLD reserves the right to assume exclusive defense and control of any matter subject to indemnification at your expense.

8. TERMINATION; DATA DELETION; EQUITABLE RELIEF

ELFWORLD may suspend or terminate your access at any time, for any reason or no reason, with or without notice.

Upon termination:

• All licenses immediately terminate;

• You must cease all use;

• ELFWORLD may delete data without obligation to recover or restore it.

You agree that monetary damages may be insufficient for breach and that ELFWORLD shall be entitled to injunctive or equitable relief without bond.

9. MANDATORY BINDING ARBITRATION; CLASS ACTION WAIVER

PLEASE READ CAREFULLY — THIS AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising out of or relating to this Agreement or the Services shall be resolved exclusively by final and binding arbitration on an individual basis.

You agree that:

• Arbitration shall be conducted by a recognized arbitration provider selected by ELFWORLD;

• The arbitrator shall have exclusive authority to resolve issues of arbitrability;

• Arbitration shall occur in a jurisdiction selected by ELFWORLD;

• You waive any right to participate in a class action, collective action, mass arbitration, or representative proceeding;

• You waive the right to trial by jury.

No arbitration shall be consolidated with any other proceeding without ELFWORLD’s express written consent.

If any portion of this arbitration provision is found unenforceable, the remainder shall remain in effect to the fullest extent permitted by law.

10. WAIVER OF CLAIMS; LIMITATION PERIOD

You agree that any claim must be brought within one (1) year of accrual or be permanently barred, regardless of any longer statutory limitation period.

You knowingly and voluntarily waive any contrary limitations period to the extent permitted by law.

11. GOVERNING LAW; VENUE (IF ARBITRATION INAPPLICABLE)

If arbitration is deemed unenforceable, you agree that exclusive jurisdiction and venue shall lie in courts selected by ELFWORLD, and you irrevocably consent to personal jurisdiction therein.

12. SEVERABILITY; NON-WAIVER

If any provision is found unenforceable, it shall be modified to the minimum extent necessary to render it enforceable. All remaining provisions shall remain in full force.

Failure to enforce any provision shall not constitute a waiver of future enforcement.

13. SURVIVAL

All provisions that by their nature should survive termination—including but not limited to indemnification, limitation of liability, arbitration, waiver of claims, and data rights—shall survive indefinitely.

14. ACKNOWLEDGMENT

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT:

• YOU HAVE READ THIS AGREEMENT CAREFULLY;

• YOU UNDERSTAND THAT YOU ARE WAIVING SUBSTANTIAL LEGAL RIGHTS;

• YOU ACCEPT ALL RISKS ASSOCIATED WITH USE;

• YOU AGREE TO BE LEGALLY BOUND BY ITS TERMS.

IF YOU DO NOT AGREE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE ELFWORLD’S SERVICES.