Terms of Service

Last updated: April 4, 2025

Find the previous iteration of these Terms here.

Welcome to Marvel Snap (the "Game"), which is provided by Second Dinner Studios, Inc., (“Second Dinner”, “we” or “us”).

You are reading the terms of service (these "Terms"), which govern the relationship and serve as a legally binding agreement between you and us and set forth the terms and conditions by which you may access and use the Game, the mobile application, the software imbedded therein, the features and functions thereof and our related websites, services, applications, products and content (collectively, the "Services"). Any reference to the "Services" includes a reference to any part of the Services. For purposes of these Terms, "you" and "your" means you as the user of the Services.

THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. THESE TERMS FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. PLEASE TAKE THE TIME TO READ THEM CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PLAY THE GAME OR ACCESS THE SERVICE.

FOR CONSUMERS AND RESIDENT OF THE EUROPEAN UNION, PLEASE NOTE THAT DIFFERENT TERMS MAY APPLY TO YOU. MAKE SURE YOU ALSO READ THE JURISDICTION-SPECIFIC TERMS (AT THE BOTTOM OF THESE TERMS). THESE SPECIFIC TERMS CONCERN IMPORTANT ASPECTS OF OUR AGREEMENT, INCLUDING, WITHOUT LIMITATION, YOUR CONSUMER RIGHTS (INCLUDING YOUR WITHDRAWAL RIGHT, IF APPLICABLE), OUR RIGHTS TO TERMINATE YOUR ACCESS TO THE SERVICES, YOUR RIGHT TO RECEIVE REFUNDS IN CERTAIN CASES, OUR WARRANTIES AND LIABILITY, AND THE LAW APPLICABLE TO THESE TERMS.

TABLE OF CONTENTS

General Terms

Supplemental Terms – App Stores

Supplemental Terms – Jurisdiction-Specific

GENERAL TERMS

1. Age and Accepting the Terms

The Services are only for users 13 years old and over (with additional limits set forth in the Supplemental Terms – Jurisdiction-Specific). In addition, access to certain Services or features of the Services may be subject to additional age restrictions and not available to all users of the Services.

If we learn that someone under the relevant age is using the Services, we will terminate access to the Services for such user.

By accessing or using our Services, you confirm that you have the legal age to enter into a contract in your jurisdiction and can form a binding contract with Second Dinner, that you accept these Terms and that you agree to comply with these Terms. You understand and agree that we will treat your access or use of the Services as acceptance of these Terms from that point onwards. If you do not want to agree to these Terms, you must not access or use the Services.

If you are under the legal age to enter into a contract in your jurisdiction, your parents or legal guardian must read and consent to these Terms. If you do not have consent from your parents or legal guardians, you must cease accessing or using the Services. If we learn that someone under the relevant age is using the Services, we will terminate access to the Services for such user.

You should print off or save a local copy of the Terms for your records.

2. Supplemental Terms for Specific Jurisdictions

If there are separate supplemental terms for your jurisdiction, you also agree to the supplemental terms applicable to you in the applicable jurisdiction. If there is a conflict between the provisions of the Supplemental Terms – Jurisdiction-Specific that are applicable to you, and the rest of these Terms, the relevant jurisdiction’s Supplemental Terms – Jurisdiction-Specific will supersede and control to the extent of the conflict.

3. Changes to the Terms

We may amend these Terms from time to time, to reflect changes to the Services, our users' needs, our business priorities or to reflect changes in law. We will notify all users of any material changes to these Terms, such as through a notice in our Game. However, you should also look at these Terms regularly to check for changes. We will also update the "Last Updated" date at the top of these Terms, which reflect the effective date of such Terms. To the extent permitted by law, your continued access or use of the Services after the effective date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing and using the Services.

4. Your Account with Us

You may access the Services without an account with us as a guest, in which case you may have limited access to certain features of the Services. Please note that if you are using a guest or visitor account, you will be unable to transfer/keep your progress or other information and data in the Game or restore any in-app purchases you have made if you need to re-install the Game, e.g., if you switch your device. In such case and if you delete the Game from your device, all information and data in connection with your use of the Game and Services will be lost and will not be retrievable or recoverable.

You agree that you are solely responsible (to us and to others) for your access and use of the Services and the activity that occurs under your account. It is important that you keep your account password confidential and that you do not disclose it to any third party.

In some cases, you may use a third-party account (e.g., Apple, Facebook, Google, as applicable) ("Third-Party Account") to access additional features and functions of the Services. You acknowledge and agree that we have no obligations related to your Third-Party Account, and all matters relating to any Third-Party Account of yours shall be resolved exclusively by you and the relevant third party.

Subject to the Supplemental Terms – Jurisdiction-Specific and to the extent permitted by law, we reserve the right to suspend or terminate your access to the Services at any time, without any notice to you, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which would or might cause damage to or impair the Services or infringe or violate any third party rights (including intellectual property and privacy rights), or violate any applicable laws or regulations. Termination of your access to the Services also entails the termination of the license to use the Service, or any part thereof.

4 Virtual Items

During your use of the Services, you may acquire, by purchasing with real-world currency or otherwise, virtual currency, points, coins, tokens, virtual in-Game items (including without limitation downloadable content), achievements, progressions, or access to additional features, level, characters, maps or other content (collectively, "Virtual Items").

Such Virtual Items can only be used for your own benefit within the Game, are of no monetary value and cannot be redeemed for cash or in-kind, sold or otherwise transferred.

All Virtual Items are licensed to you rather than sold to you. You do not own or otherwise have proprietary rights of such Virtual Items. We will provide you access to the Virtual Items for a period of at least one (1) month from the date of your purchase, after which, we may, in our sole direction at any time, terminate your access to the Services. All Virtual Items will be deleted from your account when your access to the Services is terminated, and will not be retrievable, recoverable or refundable.

6. Fees and Refund

If you purchase any Virtual Items, you shall make a purchase through the Apple App Store, Google Play store, Steam, or other third-party distribution platforms and official platforms we recognize in our sole discretion. You agree to provide accurate and complete payment information to Apple, Google, Steam or other third-party distribution platforms and official platforms. You further agree to pay all fees and taxes incurred by your account. We reserve the right to change the pricing of any Virtual Items from time to time as we may determine in our sole discretion. Any change will not affect Virtual Items you have already purchased at the time the change comes into effect.

Sales are final and we will not provide a refund unless otherwise required by applicable law. You must follow the applicable refund policy of Apple, Google, Steam or other third-party distribution platforms and official platforms. Your purchase will be subject to the applicable payment policy of Apple, Google, Steam or other third-party distribution platforms and official platforms. We may, but are not obligated to assist you with your refund application to Apple, Google, Steam or other third-party distribution platforms and official platforms.

7. Limited License

As between you and Second Dinner, Second Dinner owns any and all rights, title and interest in and to the Services and any and all data and content made available in and through the Services, including without limitation all software, computer code, tools, patches, updates, images, text, graphics, illustrations, logos, photographs, images, pictures, audio, sound effect, sound recording, videos, visual effect, music, music composition, user account, characters, character name, character profile, character likeness, artifacts, objects, inventories, weapons, map, location, location name, architecture, landscape design, story, storyline, theme, game play, catch phrase, dialogue, chat log, recording and broadcasts of game, matches, battles, duels, in-game items, in-game activities, the selection and arrangement thereof and "look and feel" of the Services, and all intellectual property rights related thereto (the "Second Dinner Content").

You acknowledge that your use of the Second Dinner Content for any purpose not expressly permitted by these Terms is strictly prohibited. Second Dinner Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. You cannot create any work of authorship or proprietary right based on the Services (including Second Dinner Content), unless expressly permitted by law. You shall only use the Services as is expressly provided in these Terms. We and our licensors reserve all rights not expressly granted in and to Second Dinner Content and our licensors’ content.

Subject to these Terms, you are hereby granted a non-exclusive, personal, non-transferable, non-sublicensable, revocable, limited license to access and use the Services, including to download the Game on a permitted device and to access the Second Dinner Content, solely for your personal, non-commercial use and solely in compliance with these Terms. Second Dinner reserves all rights not expressly granted herein in the Services (including Second Dinner Content). You acknowledge and agree that Second Dinner may terminate this license at any time for convenience subject to applicable law.

You acknowledge and agree that the Services may include designs, graphics, characters, indicia of origin or other content owned by Marvel Brands LLC or its affiliates (“Marvel Content”). You cannot create any work of authorship based on the Marvel Content. To the extent that you make or purport to make any contribution or improvement to Marvel Content, such contribution or improvement shall be deemed a “Work Made for Hire” to the extent permitted by the United States Copyright Act. To the extent that any such work of authorship may be deemed not to be a Work Made for Hire, you hereby irrevocably and exclusively assign, worldwide and for the entire duration of the legal protection of such work, all right, title and interest in such work to Second Dinner, including any intellectual property rights (which include the rights of reproduction and representation), for any purpose and media whatsoever, without any compensation to you of any kind.

8. Links to Third-Party Sites

Where our Services contain links to other sites or resources provided by third parties, these links are provided for your information only. We have no control over, and accept no responsibility for, the contents or privacy and data practices of those sites or resources. Such links should not be interpreted as approval or endorsement by us of those linked sites or resources, or any information you may obtain from them. Your access to and use of any third-party sites or resources is entirely at your own risk, and you should exercise independent judgement in deciding which third-party sites and resources to access. Should you access any such third-party sites or resources, we encourage you to read carefully the terms and conditions and privacy policies of such third-party sites and resources, which govern your use thereof.

Feedback

While we are continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to send us any contributions for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively "Feedback"), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that:

Second Dinner has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
You grant to us a royalty-free, worldwide, transferable, sublicensable, assignable, non-exclusive, perpetual (for the entire duration of the legal protection), irrevocable and unlimited license to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction and without attribution or compensation to you of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody the Feedback, whether in whole or in part, and whether as provided or as modified.

10. Equipment Requirement

To use the Services, you may need certain hardware, software, capabilities and other resources (including a suitable connection to the Internet). You are solely responsible for procuring and maintaining such resources at your own cost.

11. Beta Version

We may make available a beta version of the Game ("Beta Game") prior to an official release of the Game. To the maximum extent permitted by applicable law, the Beta Game is provided for testing on an "as is" and "as available" basis and we make no warranty, express or implied, to you of any kind. To the maximum extent permitted by applicable law, you understand and agree that the Beta Game may not operate correctly, the Beta Game may contain defects, and playing the Beta Game is at your own risk and that we have no obligations to you with respect to Beta Game, including without limitation any obligation to provide an official version of the Game in the future.

We may reset the Beta Game, including any in-Game setting (e.g., game character, achievements and inventory items) at any time during the testing period of the Beta Game. You acknowledge that the change or modification of the Beta Game may cause a loss of data, function or utility related to the Beta Game. You agree that we are not liable to you for such loss to the maximum extent permitted by applicable law. All Virtual Items (including downloadable content) you obtained during your use of the Beta Game will be deleted from your account when the Beta Game is reset.

12. Updates to the Game

From time to time, we may provide updates (patches, new features, etc.) to the Game for free or for a fee to the extent permitted by law. We may require you to download and install the updates or the updated version of the Game to continue to use the Services. You understand that your access to certain features of the Services might be affected by such updates. You also agree that we may use background patching to automatically update our Game and software with or without notice to you. You also understand that such updates may affect the necessary system specification required to play the Game. In such a case, you are responsible for any necessary equipment to continue to access the Services.

13. Interruption and Discontinuation of the Services

You acknowledge that the Services or any part thereof may be interrupted for maintenance or reasons beyond our control, and we cannot guarantee that the Services will not be interrupted. To the maximum extent permitted by applicable law, we shall not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever. Additionally, the Services may be unavailable depending on geographic location.

To the maximum extent permitted by applicable law, we reserve the right to discontinue the Services at any time in our sole discretion, for any reason, or for no reason, with or without notice.

14. Code of Conduct

Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:

access or use the Services if you are not fully able and legally competent to agree to these Terms;
use the Services in any way that violates applicable laws or regulations;
make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any software, Virtual Items (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
use the Services for any commercial, political or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
interfere with or attempt to interfere with the proper working of the Services, disrupt our website (if any) or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
use the Services in any way that could overburden, disable, impair, damage or otherwise interfere with the proper working of the Services or interfere with another’s person’s use of the Services;
incorporate the Services or any portion thereof into any other program or product;
use automated scripts, software, code or systems to collect information from or otherwise interact with the Services;
conduct text and data mining (TDM) activities on the Services, including the Game, Second Dinner Content and Virtual Items (TDM opt-out);
impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
use or attempt to use another’s account, service or system without authorization from Second Dinner;
use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services;
use or exploit any cheats, bots, hacks, bugs, errors, or design flaws to obtain unauthorized access to the Service or to gain an unfair advantage in game play;
trade, sell, duplicate Virtual Items in or outside the Game unless otherwise expressly permitted by Second Dinner;
host, provide or develop matchmaking services for the Game, unless otherwise expressly authorized by Second Dinner;
use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other prohibited form of solicitation; any personal information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance, social security numbers, passport numbers) or credit card numbers; any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person; any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; any material that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any material that contains a threat of any kind, including threats of physical violence; any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality; any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or material that restricts or inhibits any other person from using the Services, or which may expose Second Dinner, the Services or its users to any harm or liability of any type.

Subject to the Supplemental Terms – Jurisdiction-Specific and to the extent permitted by law, we reserve the right, at any time and without prior notice, to remove or disable your access to the Services, including the Game, Second Dinner Content and Virtual Items, at our discretion for any reason or no reason. Some of the reasons for which we may remove or disable your access to the Services may include finding that you have violated these Terms, or that your actions are harmful to the Services or our users.

15. Indemnity

Subject to the Supplemental Terms – Jurisdiction-Specific , you agree to, at your sole cost, indemnify, and hold harmless Second Dinner, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, suppliers and advisors (each, an “Indemnified Party”) from and against any and all claims, liabilities, damages, losses, costs, fines, penalties and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of or in any way connected with any of the following: (i) a breach by you or any user of your account of these Terms; (ii) our use, non-use or publication of your Feedback; (iii) your access to or use of the Services; (iv) your violation of any applicable laws, rules, regulations or contracts; or (v) any misrepresentation made by you (all of the foregoing, "Claims and Losses"). You will cooperate as fully required by us in the defense of any Claims and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses at our own cost. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of the Indemnified Party or, in the case of an individual, the Indemnified Party.

16. EXCLUSION OF WARRANTIES

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION ‎‎OR LIMITATION OF CERTAIN DAMAGES. NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER. PLEASE REFER TO THE JURISDICTION-SPECIFIC TERMS (AT THE BOTTOM OF THESE TERMS).

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THE SERVICES. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:

YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR
DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

WE HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS REGARDING THE SERVICES, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY AS TO QUALITY, PERFORMANCE, NONINFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE OR CONFORMANCE WITH DESCRIPTION.

WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR GAME FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.

YOUR USE OF THE SERVICE MAY DEPEND ON THE INTERNET, INCLUDING NETWORKS, CABLING, FACILITIES AND ‎EQUIPMENT THAT IS NOT IN OUR CONTROL; ACCORDINGLY (I) WE CAN NOT GUARANTEE ANY MINIMUM LEVEL REGARDING ‎SUCH PERFORMANCE, SPEED, RELIABILITY, AVAILABILITY, USE OR CONSISTENCY, AND (II) DATA, MESSAGES, ‎INFORMATION OR MATERIALS SENT OVER THE INTERNET MAY NOT BE COMPLETELY PRIVATE, AND YOUR ANONYMITY IS ‎NOT GUARANTEED.‎

17. LIMITATION OF LIABILITY

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

SUBJECT TO THE PARAGRAPH ABOVE, OUR AGGREGATE LIABILITY TO YOU SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

WE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, INCIDENTAL OR EXEMPLARY DAMAGES.

WE WILL ALSO NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:

ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE;
ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR
YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

PLEASE NOTE THAT WE ONLY PROVIDE OUR SERVICES FOR PERSONAL AND PRIVATE USE. YOU AGREE NOT TO USE OUR SERVICES FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.

THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL 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.

18. Privacy Notice

When you access and use the Services, we may process your Personal Information (as defined in our Privacy Notice. For information on how we process your Personal Information, please refer to our Privacy Notice.

By accepting these Terms or accessing the Services or Game, you hereby acknowledge and consent (to the extent allowed by applicable laws) to our Privacy Notice, which also applies to your use of our Services.

19. Copyright Claims

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such alleged infringement to legal@marvelsnap.com. Such notice must comply with the DMCA’s then-current requirements.

20. Your Access to and Use of Our Services

Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not access or use the Services in a manner that violates applicable laws and regulations, including anti-money laundering and counter terrorist financing laws and export control and economic sanctions laws.

Consistent with and in furtherance of this requirement, you agree that you will not export or re-export, directly or indirectly the Services and/or other information or materials provided by Second Dinner hereunder, to any country or territory for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export or re-export without first obtaining such license or approval. You further agree not to export, re-export, or provide any of the Services in violation of applicable export controls or economic sanctions (a) into any country or territory against which comprehensive sanctions are imposed, administered, implemented and/or enforced by any relevant government authority or regulatory body, including Cuba, Crimea, Iran, North Korea, and Syria, or (b) to anyone listed on any list of prohibited or restricted parties issued and maintained by any relevant government authority or regulatory body, including but not limited to the United Nations Security Council Consolidated Sanctions List, the EU Consolidated Financial Sanctions List, and the U.S. Treasury Department's List of Specially Designated Nationals and Blocked Persons List.

At our sole discretion, we reserve the right to immediately suspend or terminate a user’s access to the Services if we suspect money laundering, terrorist financing, activities that violate economic sanctions or export control laws, or other illegal activity by the user. We will not be liable for any loss or damage incurred by a user as a result of such suspension and/or termination.

21. Applicable Law and Venue

Subject to the Supplemental Terms – Jurisdiction-Specific , these Terms and all disputes arising out of or relating these Terms, including any question regarding existence, breach, interpretation, validity, enforcement, or termination of these Terms; the Services; the Game; Second Dinner Content; your relationship with us; the threatened or actual termination of your access to the Services or Game payments made to you or payments made or allegedly owed to you; or any other claims (collectively, “Covered Matters”) shall be governed by, and construed in accordance with, the laws of the State of California. Any Claim arising out of or relating to any Covered Matters not covered by the terms of the Arbitration Agreement below must be brought and determined in courts located in Orange County, California or the Southern District of California. You hereby irrevocably consent to and waive any objections you may have to jurisdiction of and venue in such courts.

22. Dispute Resolution

Informal Process First. Subject to the Supplemental Terms – Jurisdiction-Specific , you agree that in the event of any dispute between you and Second Dinner arising out of or relating to any Covered Matters, you will first contact Second Dinner and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution. This is a condition precedent to proceeding in arbitration. To initiate the informal process, you must contact us at legal@marvelsnap.com, and include your contact information and a written description of the dispute in the email. You must then allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of your issue.

Arbitration Agreement. Subject to the Supplemental Terms – Jurisdiction-Specific , any dispute, controversy, or claim (collectively, “Claim”) arising out of or relating to any Covered Matters, shall be finally resolved by binding arbitration, and not any federal, state, or local court or agency, except as expressly provided herein. This arbitration agreement does not (a) govern any Claim by Second Dinner for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures if the Claim and the parties are within the jurisdiction of such small claims court. This Arbitration Agreement will survive any termination of these Terms.

If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to:

Second Dinner (US), 1920 Main Street, Suite 880, Irvine, CA 92614, USA.

Email Address: legal@marvelsnap.com

The arbitration will be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.

The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below.

23. Class Action and Jury Trial Waivers

Class Action Waiver. Subject to the Supplemental Terms – Jurisdiction-Specific, YOU ACKNOWLEDGE AND AGREE THAT ANY CLAIM AGAINST US MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING (“CLASS ACTION”). IF THE CLAIM IS SUBJECT TO ARBITRATION, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO COMBINE OR AGGREGATE SIMILAR CLAIMS OR CONDUCT ANY CLASS ACTION NOR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. If this Class Action Waiver is found to be unenforceable such that certain Covered Matters must proceed on a class, collective, consolidated, or representative basis, such Covered Matters must be litigated in state or federal civil court of competent jurisdiction, not in arbitration. You and Second Dinner further agree that such Covered Matters will be stayed pending the outcome of any individual claims in arbitration between you and Second Dinner.

Waiver of Jury Trial. YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL.

24. Limitations Period

SUBJECT TO THE SUPPLEMENTAL TERMS – JURISDICTION-SPECIFIC, YOU MUST COMMENCE ANY CLAIM ARISING OUT OF OR RELATING TO ANY COVERED MATTERS WITHIN TWELVE (12) MONTHS FROM THE EVENT GIVING RISE TO SUCH CLAIM OR SUCH CLAIM WILL BE BARRED.

25. Other Terms

Entire Agreement. These Terms (including the Supplemental Terms below) constitute the whole legal agreement between you and Second Dinner and govern your use of the Services and completely replace any prior agreements between you and Second Dinner in relation to the Services.
Assignment. You may not assign, transfer or sublicense any of your rights or obligations under these Terms. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction.
Links. You may link to our home page or page of the Game or Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out at "Code of Conduct" above. We reserve the right to withdraw linking permission without notice.
No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
Security. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and Game to access our Services. You should use your own virus protection software.
Severability. If any provision of these Terms is deemed invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
Open Source. This game may contain certain open source software. Each item of open source software is subject to its own applicable license terms.
Translations. Subject to the Supplemental Terms – Jurisdiction-Specific, in the event of any conflict or inconsistency between the Terms in the English and any translation thereof in any other language, the English version shall prevail.
Any Questions? Need help with the Game? Get in touch at legal@marvelsnap.com. Please note that neither Marvel Brands LLC nor its affiliates provide or is obligated to provide maintenance or support services for the Game.

SUPPLEMENTAL TERMS – APP STORES

The following supplemental terms shall apply when accessing the Game through specific devices:

Notice regarding Apple.

These Terms are a binding agreement between Second Dinner and you; Apple is not a party to these Terms.
The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Game on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.
Apple is not responsible for the Game or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Game.
In the event of any failure of the Game to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Game, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Game.
Apple is not responsible for addressing any claims by you or a third party relating to the Game or your possession or use of the Game, including without limitation (a) product liability claims; (b) any claim that the Game fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the Game or your possession and use of the Game infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.
Second Dinner expressly authorizes use of the Game by multiple users through the family sharing or any similar functionality provided by Apple.

Notice regarding Google Play. By downloading the Game from Google Play (or its successors) operated by Google, Inc. or one of its affiliates ("Google"), you specifically acknowledge and agree that:

to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the "Google Play Terms"), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Game that you download from Google Play, and
you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Second Dinner or you (or any other user) under these Terms or the Google Play Terms.

SUPPLEMENTAL TERMS – JURISDICTION-SPECIFIC

The following supplemental terms shall apply depending on your jurisdiction.

European Union (EU)

FOR CONSUMERS AND RESIDENT OF THE EUROPEAN UNION, THE FOLLOWING SPECIFIC TERMS APPLY IN ADDITION TO OR IN DEVIATION FROM THE GENERAL TERMS ABOVE. PLEASE TAKE THE TIME TO READ THEM CAREFULLY.

1. Age and Accepting the Terms

In deviation from Section 1 of the General Terms, the following applies:

The Services are only for users of 16 years old and over. If you are over 16 but under the legal age to enter into a contract in your jurisdiction, your parents or legal guardian must read and consent to these Terms.

2. Changes to the Terms

In deviation from Section 3 of the General Terms, the following applies:

We may amend these Terms from time to time, to reflect changes to the Services, our users' needs, our business priorities or changes in law. As and when required by applicable law, we will notify you of any material change to these Terms, through a notice in our Game or by email, at least 30 days in advance before the changes to the Terms enter into effect and give you the opportunity to review the changes. Once the updated Terms are in effect, you will be bound by them if you continue to use the Services. If you do not agree to our updated Terms, you are allowed to terminate the Terms and delete your account by contacting us at legal@marvelsnap.com or through any other mean communicated to you. In case of termination of the Terms, you must stop accessing and using the Services. =

3. Termination of Your access to the Services

In deviation of Sections 4, 5 and 14 of the General Terms, the following applies:

We may suspend or terminate your access to the Services if you are in breach of these Terms, including in cases of fraud or where required to do so by applicable laws or government or other competent authority, or where your actions are harmful to the Services or our users, or if we discontinue the Services in your jurisdiction.

We will only suspend or terminate your access to the Services with advance notice, except when you seriously fail to comply with applicable laws, when we are unable to provide advance notice for legal reasons or when providing advance notice could expose us to liability, harm for other customers or users, or compromise the Services.

In any event, we will inform you in writing of the suspension and termination of your access to the Services. The notification will inform you of your right to appeal the decision.

Suspension and termination may be temporary or permanent at our reasonable discretion.

You may also decide to terminate or suspend your access to the Services at any time by contacting us at legal@marvelsnap.com.

4. Discontinuation of the Services

In deviation from Section 13 of the General Terms, the following applies:

We reserve the right to discontinue the Services at any time in our sole discretion, for any reason, or for no reason, with 30 days’ notice through a notice in our Game or by email, and the statutory right of termination for cause remains unaffected.

5. Refunds

In deviation from Sections 5 and 6 of the General Terms, the following applies:

In case your access to the Services is terminated, we will refund any purchased but unused Virtual Items in the event (i) we terminate your access to the Services for convenience or (ii) you terminate your access to the Services because of our breach of these Terms. We will also make refunds if required in the context of your statutory withdrawal right or your warranty rights (see Sections 6 and 7 of these Supplemental Terms below).

6. Withdrawal right

As a consumer and resident of the EU, you benefit from a mandatory withdrawal right when purchasing Virtual Items as follows:

You have the right to withdraw from your purchase within 14 days from the purchase date without giving any reason.

You may exercise your right of withdrawal by informing us (by email at legal@marvelsnap.com or by postal mail at Second Dinner Studios Inc., 1920 Main Street 880, Irvine, CA 92614, USA) of your decision to withdraw from your purchase by an unequivocal statement. You may use the withdrawal form available at the end of these Supplemental Terms, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

If you withdraw from your purchase, we will reimburse to you the payment received from you for such purchase, being specified that we will only reimburse to you the Virtual Items that remain unused. We will reimburse you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from your purchase. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

7. Statutory Warranties

In deviation from Section 16 of the General Terms, the following applies:

When you purchase a Virtual Item (excluding in-game virtual currency, such as credits, which purpose is only to be used to purchase digital content within the Game), you may benefit from the statutory warranty of conformity and the legal warranty against hidden defects under the conditions provided for in your local legislation. Please contact us at legal@marvelsnap.com for more information.

8. Reverse Engineering

In deviation from the third bullet point of Section 24 of the General Terms, you may not reverse engineering, such as decompile, the Services, unless to the extent required to make contractual use of them (including troubleshooting) and/or to the extent required to obtain interface information needed to make the Service interoperable with an independently developed piece of software, and we have not provided you the required information upon your request against payment of our expenses in providing such information, or unless expressly permitted by law. For clarity, in the event of any such permitted reverse engineering (e.g., decompilation), statutory restrictions provided under applicable laws apply.

9. Indemnity

In deviation from Section 15 of the General Terms, your obligation to indemnify applies only in the event of your breach of these Terms to the maximum extent permitted by law.

10. Limitation of Liability

In deviation from Section 15 of the General Terms, the following applies:

Nothing in these Terms may exclude or limit our liability in case we breach these Terms, for fraud or fraudulent misrepresentation, for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or willful misconduct.

11. Applicable Law and Venue

Sections 21 to 24 of the General Terms are not applicable to consumers and resident of the EU. In deviation from these Sections, the following applies:

These Terms, their subject matter and their formation, are governed by English law.

However, as consumer and resident of an EU country, you benefit from mandatory provisions of, and legal rights available to you under, the laws of that country. Nothing in these Terms affects your rights as a consumer to rely on these local law mandatory provisions and legal rights.

In case of dispute, we kindly encourage you to first contact us at legal@marvelsnap.com to resolve any issues amicably. In the event of a dispute not having found an amicable solution, and in any case, it is possible for you to refer the matter to an alternative or online dispute resolution. You may find further information regarding alternative dispute resolution here.

As consumer and resident of an EU country, you may bring proceedings in that country.

12. Other terms

In deviation from Section 25 of the General Terms, the following applies:

Translations. In the event of any conflict or inconsistency between the Terms in English and the translation thereof in the official language of your jurisdiction, such local language version of the Terms shall prevail.

Assignment. You may not assign, transfer or sublicense any of your rights or obligations under these Terms. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction, but, if we decide to assign or transfer these Terms, we will request your prior consent unless such assignment or transfer is not likely to result in a reduction of your rights.

13. Withdrawal form

If you wish to withdraw from your purchase, please complete this form and return it to us.

To: Second Dinner Studios, Inc.

1920 Main Street 880, Irvine, CA 92614, USA

Email Address: legal@marvelsnap.com

I/We (*) hereby give notice that I/We (*) cancel my/our (*) purchase for the supply of the following digital content (*) ______________

Ordered on (*)/received on (*),

________________________

Name of consumer(s),

________________________

Address of consumer(s),

________________________

Signature of consumer(s) (only if this form is notified on paper)

________________________

Date, Location

(*) Delete as appropriate