Terms & Conditions

01Agreement to These Terms

These Terms and Conditions (the "Terms") are a legally binding agreement between you and Monolith Gaming, LLC, an Ohio limited liability company ("Monolith," "we," "us," or "our"). They govern your access to and use of:

• the website at monolithgaming.org and its pages and subdomains (the "Site");
• community spaces we operate or moderate, including our Discord servers;
• our events, tournaments, leagues, livestreams, esports activities, programs, and applications; and
• any related content, features, or services we provide (together with the Site, the "Services").

By accessing or using any of the Services, joining a Monolith community space, registering for an event, or submitting an application or content, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, you must not access or use the Services.

Some Services may be subject to additional terms, such as official rules for a tournament or giveaway, partnership or sponsorship agreements, roster agreements, or program guidelines ("Additional Terms"). Additional Terms are incorporated into these Terms. If they conflict with these Terms, the Additional Terms control for that specific Service, except that the Dispute Resolution and Binding Arbitration section controls unless the Additional Terms expressly state otherwise.

02Definitions

03Eligibility

To use the Services, you represent and warrant that:

• you are at least 18 years of age, and at least the age of majority in your place of residence if that is higher;
• you have the full legal capacity and authority to enter into a binding contract;
• you are not barred from using the Services under the laws of the United States or any other applicable jurisdiction;
• you are not located in a country subject to a comprehensive U.S. government embargo, and you are not on any U.S. government list of prohibited or restricted parties, including the Specially Designated Nationals List maintained by the Office of Foreign Assets Control;
• you have not previously been permanently removed from the Community by Monolith, unless we have expressly agreed in writing to reinstate you; and
• if you use the Services on behalf of an organization, you are authorized to bind that organization to these Terms. In that case, "you" includes that organization.

The Services are not intended for, and may not be used by, anyone under 18. If we learn or reasonably believe that a user is under 18, we may immediately suspend or remove that user and delete their information, as described in our Privacy Policy. We may ask you to confirm your age, and if you do not, we may limit your access.

04Changes to These Terms or the Services

We may modify these Terms from time to time. When we do, we will update the "Last updated" date above. For material changes, we will provide reasonable advance notice where practicable, such as a notice on the Site or an announcement in our Community spaces. Changes take effect when posted, or on the later date stated in the notice. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Services.

Changes to these Terms do not apply to any dispute of which we had actual notice before the change took effect. That dispute will be governed by the Terms in effect when it arose. Changes to the arbitration provisions are governed by the special rules in Dispute Resolution and Binding Arbitration.

We may change, suspend, or discontinue any part of the Services at any time, with or without notice, and without liability to you, to the extent permitted by law.

05Privacy

Our collection and use of personal information is described in our Privacy Policy. That includes our practices under U.S. state privacy laws, the GDPR, the UK GDPR, and other international laws. By using the Services, you acknowledge that your information will be handled as described there, including its transfer to and processing in the United States.

06Community Membership and Accounts

Many Community features are delivered through Third-Party Services, especially Discord. Your use of those platforms is subject to their own terms of service, community guidelines, and privacy policies, and you must comply with them. When you take part in a Monolith space on a Third-Party Service, you must follow both that platform's rules and these Terms.

• You are responsible for maintaining the confidentiality and security of your accounts and credentials, and for all activity that occurs under them.
• You must provide accurate information when you register for Events, apply for roles, or communicate with us. You must not impersonate any person or misrepresent your affiliation with anyone.
• Your usernames, display names, and avatars must not be offensive, misleading, infringing, or impersonating.
• Community roles, ranks, titles, and permissions are granted at Monolith's discretion. They are not property, have no monetary value, and may be changed or removed at any time.
• Notify us immediately through our Contact page if you suspect unauthorized use of your account in connection with our Community.

07Community Standards and Prohibited Conduct

Monolith exists to build a respectful, inclusive, and competitive community. In connection with the Services, you agree not to:

Harm to people

• harass, bully, threaten, stalk, intimidate, or abuse any person, or encourage others to do so;
• post or promote hate speech, or content that attacks, demeans, or discriminates against people based on race, ethnicity, national origin, religion, caste, sex, gender identity or expression, sexual orientation, age, disability, veteran status, or serious disease;
• make threats of violence, glorify violent extremism or terrorism, or encourage self-harm or suicide;
• share, threaten to share, or solicit another person's private or identifying information without consent ("doxxing"). That includes real names, addresses, phone numbers, IP addresses, and private images;
• post, share, or solicit sexually explicit content, or any non-consensual intimate imagery, in any space not expressly designated for it. Monolith does not designate any such spaces;
• post, request, or link to any content that sexualizes, exploits, or endangers minors. We have zero tolerance for this. We will remove the user and report the matter to the National Center for Missing & Exploited Children and law enforcement;
• engage in "swatting," threats of real-world harm, or coordinated harassment campaigns ("brigading" or "raiding");
• record, stream, or publish other members' voice or video without their consent where consent is required by law or by our Event rules.

Competitive integrity

• cheat, or use hacks, exploits, aimbots, wallhacks, scripts, macros, unauthorized third-party software, or any other unfair advantage in any Event or game played under the Monolith name;
• engage in match-fixing, collusion, intentional throwing, smurfing, ghosting, stream-sniping, or account sharing or boosting in violation of Event rules or game publisher terms;
• wager on, bet on, or facilitate gambling on any Event in which you or your team take part, or use non-public information to gamble on any Event;
• violate the terms of service, end user license agreement, or competitive rules of any game publisher.

Platform security and misuse

• access or attempt to access any part of the Services, Monolith systems, or other users' accounts without authorization, or probe, scan, or test any system's vulnerability. This includes violating the Computer Fraud and Abuse Act or similar laws;
• upload or transmit viruses, malware, ransomware, spyware, or other harmful code;
• interfere with or disrupt the Services, including through denial-of-service attacks, flooding, spamming, or overloading;
• use bots, scrapers, crawlers, spiders, or other automated means to access, collect, copy, or index the Services or Monolith Content without our prior written permission. This includes use for building datasets or training, fine-tuning, or developing artificial-intelligence or machine-learning models;
• circumvent, disable, or interfere with security features, moderation tools, rate limits, or access restrictions;
• frame, mirror, or reverse engineer any part of the Site, except as expressly permitted by applicable law.

Content, commerce, and legal compliance

• post content that is unlawful, defamatory, fraudulent, deceptive, or obscene, or that infringes anyone's intellectual property, privacy, or publicity rights;
• send unsolicited advertising, spam, chain messages, phishing links, scams, or pyramid schemes, or self-promote in violation of channel rules;
• sell, trade, or advertise accounts, in-game items, boosting services, or other goods or services in Community spaces without written permission;
• misrepresent yourself as a Monolith staff member, leader, director, sponsor, partner, or official representative, or create accounts, servers, teams, or merchandise that falsely suggest affiliation with or endorsement by Monolith;
• violate any applicable local, state, national, or international law or regulation, including export control and sanctions laws; or
• encourage, assist, or enable anyone else to do any of the above.

08Moderation and Enforcement

We may, but are not obligated to, monitor, review, moderate, edit, or remove User Content and Community activity. We may take any action we believe in good faith is appropriate to enforce these Terms, protect the Community, or comply with law. Actions include:

• issuing warnings, timeouts, or mutes;
• removing or restricting content;
• removing roles, titles, or privileges;
• disqualifying players or teams, or forfeiting matches or prizes;
• temporarily suspending or permanently removing users from the Services and Community spaces; and
• reporting conduct to Third-Party Services, game publishers, or law enforcement.

We will try to apply our standards consistently and proportionately, but enforcement decisions are made at our reasonable discretion. Conduct outside our spaces may be considered where it threatens the safety of Community members or seriously harms Monolith's reputation. Where practical and lawful, we will tell you the reason for a significant enforcement action. You may ask us to review a decision by contacting us through our Contact page with the subject "Moderation Appeal." Our decision on review is final within the Community, but does not limit any rights you have under applicable law.

We are not responsible for the conduct of any user, whether online or offline. To report a violation, contact a moderator or use our Contact page. If someone is in immediate danger, contact local emergency services first.

09User Content

Ownership. You keep any ownership rights you have in your User Content. Monolith does not claim ownership of it.

License to Monolith. By submitting, posting, or displaying User Content in connection with the Services, you grant Monolith a worldwide, non-exclusive, royalty-free, fully paid, transferable, and sublicensable (through multiple tiers) license. This license lets us use, host, store, reproduce, modify (for formatting, editing for length, or technical compatibility), adapt, publish, publicly display, publicly perform, distribute, and archive that User Content. We may do so to operate, provide, moderate, improve, and promote the Services and the Monolith Community, in any media now known or later developed.

This license ends when you delete your User Content or ask us to remove it, except:

• for content that has been shared with others who have not deleted it;
• for content incorporated into Event broadcasts, recaps, or archives already published;
• for copies kept in backups for a reasonable period; and
• for retention required for legal, safety, or moderation purposes.

Your representations. You represent and warrant that:

• you own or have all rights, licenses, consents, and permissions needed to submit your User Content and grant the license above;
• your User Content and our use of it as permitted by these Terms will not infringe or violate any third party's intellectual property, privacy, publicity, or other rights, or any law; and
• you have obtained consent from any identifiable person who appears in your User Content, where consent is required.

Moral rights. To the extent permitted by law, you waive, and agree not to assert, any moral rights or similar rights you may have in your User Content against Monolith and its licensees, as far as they relate to uses permitted by these Terms.

No confidentiality. User Content is not confidential. Do not submit anything you consider confidential or proprietary.

Feedback. If you send us ideas, suggestions, or feedback about Monolith or the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose without compensation or attribution to you. Feedback does not include User Content you identify as your own creative work, such as clips or artwork.

10Recordings, Livestreams, and Likeness

Many Events and Community activities are recorded, livestreamed, photographed, or clipped. If you take part in an Event or activity that we have announced as recorded or broadcast, you consent to Monolith and its authorized partners recording, broadcasting, and publishing your username, gameplay, voice, image, and likeness as captured during that activity. You also authorize us to use those materials in Event coverage, highlights, archives, and promotion of Monolith, in any media, without compensation.

You may decline to take part in recorded portions of an activity, or ask a moderator beforehand whether accommodations are possible. You may ask us to remove recordings or featured photos of you, and we will consider such requests in good faith. However, we are not required to edit archived broadcasts, and we cannot control copies made by third parties.

We will not use your name, image, or likeness in paid advertising or in endorsing a third-party product without your separate written consent where the law requires it. Nothing in this section limits your rights under applicable data protection law, as described in our Privacy Policy.

11Events, Tournaments, Giveaways, and Prizes

• Official rules. Each Event may have official rules or Additional Terms covering eligibility, format, schedule, scoring, conduct, and prizes. You must follow them. The official rules control over these Terms where they conflict, except for the Dispute Resolution section, as stated in Agreement to These Terms.
• No purchase necessary. No purchase or payment is necessary to enter or win any Monolith giveaway or sweepstakes. A purchase will not improve your chances of winning. Void where prohibited or restricted by law.
• Eligibility. Participants must meet the eligibility requirements in these Terms and the official rules. Prize eligibility may be limited by jurisdiction, and Monolith staff or their households may be excluded. We may require proof of identity, age, and eligibility before awarding a prize. If you do not provide it within the stated time, the prize may be forfeited.
• Prizes. Prizes are awarded as stated, cannot be transferred, and cannot be exchanged for cash, except at our discretion. Where a prize becomes unavailable, we may substitute one of equal or greater value. Winners are solely responsible for any taxes on prizes. If the law requires, we may collect tax forms such as an IRS Form W-9 and issue information returns. Prizes provided by sponsors or game publishers are subject to those providers' terms.
• Decisions. Monolith's decisions about Event rules, rulings, disputes, results, disqualifications, and prize awards are final. They will be made in good faith and consistently with the official rules.
• Changes and cancellations. We may postpone, modify, suspend, or cancel any Event, in whole or in part, without liability to the extent permitted by law. Reasons include technical problems, game or server outages, insufficient participation, fraud, cheating, or circumstances beyond our control. If a prize-bearing Event is cancelled, we will handle prizes as described in its official rules.
• Publisher disclaimer. Unless expressly stated, Monolith Events are not sponsored, endorsed, or administered by any game publisher or platform. All game titles, trademarks, and logos are the property of their respective owners.

12Staff, Volunteers, Rosters, Creators, and Partners

Community leaders, directors, moderators, and other team members serve as volunteers unless they have signed a separate written agreement with Monolith that provides otherwise. Taking part in the Community, holding a role or title, joining a roster, or being featured on the Site does not create an employment, agency, partnership, joint venture, or franchise relationship. It also does not entitle anyone to compensation, benefits, or reimbursement.

No one may make commitments, sign agreements, or incur obligations on Monolith's behalf without express written authorization from Monolith's leadership. Sponsorships, partnerships, esports roster agreements, creator agreements, and paid engagements are governed only by separate written agreements signed by Monolith. Roles and titles may be changed or removed at any time.

13Merchandise Store and Purchases

Official Monolith merchandise is sold through a store hosted and operated by Spreadshop / Spreadshirt, which may be embedded on or linked from the Site. Spreadshirt is the seller of record. It processes orders, payments, production, shipping, taxes, returns, exchanges, and refunds under its own terms of service, return policy, and privacy policy, which apply to your purchase.

Monolith does not process payments or store payment information. Questions about orders, shipping, returns, or refunds should be directed to Spreadshirt customer service. Product images, colors, and descriptions are provided for convenience and may vary from the actual product. We are not responsible for Spreadshirt's acts, omissions, products, or services, except as required by law.

14No Donations or Payments on the Site

The Site does not currently accept payments, donations, subscriptions, or contributions. If we offer such options in the future, they will be processed by third-party providers under their own terms, and we will update these Terms as needed.

Tax status. Monolith Gaming, LLC is a for-profit limited liability company. It is not a tax-exempt charitable organization under Section 501(c)(3) of the Internal Revenue Code unless we expressly state otherwise in writing. Any contribution to Monolith is therefore not tax-deductible. Community charity events that benefit a third-party charity will identify the charity, and donations for those events go directly to that charity or its authorized fundraising platform.

15Intellectual Property

The Services and all Monolith Content are owned by Monolith or its licensors. They are protected by United States and international copyright, trademark, trade dress, and other intellectual property laws. "Monolith," "Monolith Gaming," "Monolith Esports," the "M" logo, and related names, logos, and slogans are trademarks of Monolith Gaming, LLC. All other trademarks belong to their respective owners, and their use does not imply endorsement.

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the Site and Monolith Content for your personal, non-commercial use. You may share links to our pages and share our official social posts using the platforms' built-in sharing tools. Except as expressly allowed, you may not copy, reproduce, modify, create derivative works of, distribute, publicly display, sell, license, or otherwise exploit any Monolith Content or Monolith trademarks without our prior written permission. This includes making merchandise, team names, server names, or logos that use or imitate our marks. All rights not expressly granted are reserved.

Fan content. Members are welcome to create non-commercial fan content, such as clips, artwork, and highlight videos, celebrating Monolith. Fan content must not use our logos in a way that suggests it is official, must comply with these Terms, and must stop if we ask. We may revoke this permission at any time.

16Copyright Complaints (DMCA)

We respect intellectual property rights and respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DMCA"), and similar laws. If you believe content available through the Services infringes your copyright, send a written notice to our designated Copyright Agent through our Contact page with the subject "DMCA Notice." The notice must include:

1. your physical or electronic signature;
2. identification of the copyrighted work claimed to be infringed;
3. identification of the allegedly infringing material and information reasonably sufficient for us to locate it, such as the URL;
4. your contact information, including address, telephone number, and email;
5. a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
6. a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

Counter-notices. If your content was removed and you believe this was a mistake or misidentification, you may send a counter-notice that meets the requirements of 17 U.S.C. § 512(g)(3). It must include your consent to the jurisdiction of the federal district court for the judicial district where you live, or, if you are outside the United States, any judicial district in which Monolith may be found.

Repeat infringers. In appropriate circumstances, we will terminate the access of users who are repeat infringers. Knowingly misrepresenting that material is infringing, or was removed by mistake, may make you liable for damages under 17 U.S.C. § 512(f). Content hosted by Third-Party Services, such as Discord or YouTube, should also be reported directly to that platform.

17Third-Party Services and Links

The Services may contain links to, embeds of, or integrations with Third-Party Services. Monolith does not own or control Third-Party Services. We do not endorse them and are not responsible for their content, availability, accuracy, security, privacy practices, products, or services. Your use of any Third-Party Service is at your own risk and subject to that service's terms. Any dispute you have with a Third-Party Service, or about its products or services, is between you and that third party.

18Electronic Communications and Notices

By using the Services, you consent to receive communications from us electronically, such as by email, by posting on the Site, or through announcements in our Community spaces. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing, as permitted by the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN) and similar laws. You may withdraw this consent by stopping use of the Services.

Legal notices to Monolith must be sent through our Contact page with the subject "Legal Notice," unless these Terms specify another method.

19Health, Safety, and In-Person Events

Photosensitivity and health. Video games, livestreams, and some Site animations contain flashing lights and patterns that may trigger seizures in people with photosensitive epilepsy. Prolonged gaming may also cause eye strain, repetitive strain injuries, or other discomfort. If you experience dizziness, altered vision, involuntary movements, or similar symptoms, stop immediately and consult a doctor. Take regular breaks.

In-person events. Taking part in any in-person Event, meetup, LAN, or travel involves inherent risks, including risks of illness, injury, property loss, and travel disruption. To the fullest extent permitted by law, you voluntarily assume those risks. You agree to follow venue rules, staff instructions, and applicable law. You are responsible for your own travel, lodging, insurance, and belongings unless otherwise agreed in writing. Separate waivers may be required for specific Events.

No professional advice. Content on the Services is for general information and entertainment only. It is not legal, financial, medical, mental-health, or other professional advice.

20Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Services and all Monolith Content, User Content, and Third-Party Services made available through them are provided "as is" and "as available," with all faults, and without warranties of any kind, whether express, implied, or statutory. Monolith and its members, managers, officers, employees, volunteers, agents, licensors, sponsors, and partners (the "Monolith Parties") expressly disclaim all warranties. These include implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, and accuracy, and any warranties arising from course of dealing or usage of trade.

The Monolith Parties do not warrant that the Services will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components, that defects will be corrected, or that any content is accurate, complete, or reliable. You use the Services at your own risk. No advice or information, whether oral or written, obtained from Monolith or through the Services creates any warranty not expressly stated in these Terms.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In that case, those warranties are limited to the minimum duration and scope permitted by law.

21Limitation of Liability

To the fullest extent permitted by applicable law, in no event will the Monolith Parties be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses. This applies to damages arising out of or relating to these Terms or the Services, including your access to or inability to use the Services; any conduct or content of any user or third party; any Event; any unauthorized access to or alteration of your transmissions or data; or any Third-Party Service. It applies whether the claim is based on warranty, contract, tort (including negligence), statute, or any other legal theory, and even if a Monolith Party has been advised of the possibility of such damages.

To the fullest extent permitted by applicable law, the total aggregate liability of the Monolith Parties for all claims arising out of or relating to these Terms or the Services will not exceed the greater of (a) one hundred U.S. dollars (US $100) or (b) the total amount you paid directly to Monolith, if any, in the twelve (12) months before the event giving rise to the claim.

These limitations are an essential part of the bargain between you and Monolith. They apply even if a limited remedy fails of its essential purpose. They do not limit liability that cannot be limited under applicable law, such as liability for death or personal injury caused by gross negligence or willful misconduct, for fraud or fraudulent misrepresentation, or under mandatory consumer protection laws. Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you.

22Release

Monolith is not responsible for the conduct of users or third parties, online or offline. To the fullest extent permitted by law, you release the Monolith Parties from any claims, demands, losses, and damages, known or unknown, arising out of or connected with any dispute between you and another user or third party.

California residents: you waive California Civil Code § 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You also waive any similar law in any other jurisdiction, to the extent permitted.

23Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Monolith Parties from and against any third-party claims, demands, actions, liabilities, damages, losses, judgments, settlements, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

1. your User Content;
2. your use or misuse of the Services;
3. your breach of these Terms or any Additional Terms;
4. your violation of any law or the rights of any third party; or
5. your conduct in connection with any Event or Community activity.

We may assume the exclusive defense and control of any matter subject to indemnification, at your expense. You agree to cooperate with our defense. You may not settle any matter without our prior written consent. This section does not require you to indemnify Monolith for its own negligence or misconduct, or where indemnification is prohibited by law.

24Suspension, Termination, and Survival

You may stop using the Services at any time. We may suspend or end your access to all or part of the Services and Community spaces at any time, with or without notice, for any lawful reason. Reasons include violating these Terms, conduct we reasonably believe harms the Community or Monolith, risk of legal exposure, or a request from law enforcement. You may not create new accounts or use other means to get around a suspension or removal.

The following sections survive any termination or expiration of these Terms, together with any other provision that by its nature should survive: User Content (licenses granted for content already published), Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Release, Indemnification, Dispute Resolution and Binding Arbitration, Governing Law and Venue, International Users, and General Provisions.

25Dispute Resolution and Binding Arbitration

1. Informal resolution first

Before starting arbitration or a small-claims action, you and Monolith agree to try to resolve any dispute informally. The party raising the dispute must send a written notice ("Notice of Dispute"). If you are sending it, use our Contact page with the subject "Notice of Dispute." If we are sending it, we will use the contact information you have given us. The Notice must include your name, your Community handles and email, a description of the dispute, and the specific relief sought, and it must be personally signed by the claimant (not only by a lawyer). The parties will negotiate in good faith for 60 days after the Notice is received, and either party may request a telephone or video conference. All applicable limitation periods are paused during this period. Completing this process is a condition to starting arbitration.

2. Agreement to arbitrate

Except as stated in this section, any dispute, claim, or controversy between you and Monolith arising out of or relating to these Terms, the Services, any Event, or your relationship with Monolith ("Dispute") will be resolved exclusively by final and binding individual arbitration. That includes Disputes about events before these Terms took effect, and Disputes about the validity, scope, or enforceability of this agreement to arbitrate. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the "FAA").

3. Exceptions

The following do not have to be arbitrated:

• either party may bring an individual claim in small-claims court, if the claim qualifies and stays there;
• either party may seek injunctive or other equitable relief in court to stop actual or threatened infringement, misappropriation, or violation of intellectual property rights, or unauthorized access to or interference with the Services; and
• to the extent a claim for public injunctive relief cannot be arbitrated under applicable law, it will be decided by a court after the individual claims are arbitrated, and the court case will be stayed in the meantime.

4. Rules and administration

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (and, where applicable, its Mass Arbitration Supplementary Rules), as modified by this section. The rules are available at adr.org. If the AAA is unavailable or unwilling to administer the arbitration, the parties will agree on a substitute provider, or a court will appoint one under 9 U.S.C. § 5.

The arbitration will be conducted by a single neutral arbitrator. It will take place by video conference or by written submissions, unless the arbitrator decides an in-person hearing is necessary. Any in-person hearing will be held in the county where you live, unless both parties agree otherwise. The arbitrator may award any individual relief that a court could award under applicable law. The arbitrator must issue a written decision explaining the essential findings and conclusions. Judgment on the award may be entered in any court of competent jurisdiction.

5. Fees

Payment of filing, administration, and arbitrator fees will be governed by the AAA's rules and fee schedules for consumer disputes. If you are an individual using the Services for personal purposes, your share of those fees will not exceed the filing fee you would have paid in court. Monolith will pay the rest. If the arbitrator finds that a claim or the relief sought was frivolous or brought for an improper purpose (as measured by Federal Rule of Civil Procedure 11(b)), fees will be allocated under the applicable rules. Each party bears its own attorneys' fees and costs, unless the arbitrator awards them under applicable law.

6. Class action and jury trial waiver

You and Monolith agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may award relief only in favor of the individual party seeking relief, and only to the extent needed for that party's individual claim. You and Monolith each waive the right to a trial by jury.

If a final court decision determines that this class action waiver is unenforceable as to a particular claim or request for relief, that claim or request (and only that one) will be severed and decided by a court under Governing Law and Venue. All other claims will still be arbitrated individually. Under no circumstances will class arbitration be permitted.

7. Mass arbitration

If 25 or more similar Demands for arbitration are filed against Monolith, or by Monolith, by the same or coordinated counsel or other entities, then the AAA's Mass Arbitration Supplementary Rules apply. In addition, the claims will be administered in batches of up to 25 claims each. The batches will be processed in sequence, with one arbitrator per batch, and the remaining claims will be held in abeyance until each batch is resolved. This process is intended to give everyone a fair and efficient hearing. All limitation periods are paused for claims held in abeyance. A court of competent jurisdiction may enforce this paragraph.

8. Delegation

The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of it is void or voidable. The exceptions are that a court will decide: (a) disputes about the class action waiver and mass arbitration provisions; (b) whether a claim falls within the small-claims or intellectual-property exceptions; and (c) whether a party has satisfied the informal resolution requirement.

9. 30-day right to opt out

You may opt out of this agreement to arbitrate by sending a written notice through our Contact page with the subject "Arbitration Opt-Out" within 30 days after you first become subject to these Terms, or to this version of the arbitration agreement. The notice must include your name, the email address and Community handles you use with us, and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms, and it does not affect any earlier arbitration agreement you did not opt out of. If you opt out, Disputes will be resolved as described in Governing Law and Venue.

10. Changes to this section

If Monolith makes a material change to this arbitration section, you may reject the change by sending us written notice through our Contact page within 30 days after the change takes effect. In that case, the most recent version of this section that you accepted will continue to apply. Changes will not apply to any claim that was already filed in arbitration or court.

11. Time to bring claims

To the extent permitted by applicable law, any claim arising out of or relating to these Terms or the Services must be filed within one (1) year after the claim arises. Otherwise, it is permanently barred. This does not apply where the law prohibits shortening the limitation period.

26Governing Law and Venue

These Terms, and any Dispute between you and Monolith, are governed by the laws of the State of Ohio, United States, without regard to its conflict-of-laws principles. The exception is the arbitration agreement, which is governed by the FAA and, to the extent not inconsistent with it, Ohio law. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply.

For any Dispute that is not subject to arbitration (including if you opt out), or for actions to compel arbitration or confirm, modify, or vacate an award, you and Monolith consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Ohio. You and Monolith waive any objection based on inconvenient forum. Either party may still bring a qualifying claim in small-claims court in the county where you live. Nothing in this section deprives you of the protection of mandatory consumer laws of the place where you live, as described in International Users and State-Specific Notices.

27International Users

The Services are operated from the United States. If you access the Services from outside the United States, you do so on your own initiative and are responsible for complying with local laws. We make no representation that the Services are appropriate or available in every location.

Consumers in the EEA, United Kingdom, and Switzerland

If you are a consumer habitually resident in a member state of the European Economic Area, in the United Kingdom, or in Switzerland, the following apply despite anything else in these Terms:

• Mandatory protections. Choosing Ohio law does not deprive you of the protection of the mandatory consumer protection laws of your country of residence (consistent with Article 6 of Regulation (EC) No 593/2008, "Rome I," and equivalent UK and Swiss rules).
• Courts. The arbitration agreement, the class action and jury trial waivers, and the one-year claim limit in Dispute Resolution and Binding Arbitration do not apply to you. You may bring proceedings in the courts of your country of residence or in Ohio. We may bring proceedings against you only in the courts of your country of residence.
• Liability. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for intentional misconduct or gross negligence, or for any other liability that cannot be excluded or limited under the law of your country. If we breach these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our failure to use reasonable care and skill. We are not responsible for loss or damage that is not foreseeable.
• Content and moderation. Where the EU Digital Services Act (Regulation (EU) 2022/2065) or the UK Online Safety Act 2023 applies to any part of the Services we operate, we will apply our content rules diligently, objectively, and proportionately. We will give you a statement of reasons for restrictions where required, and let you challenge moderation decisions through the "Moderation Appeal" process described in Moderation and Enforcement. You can reach our point of contact for authorities and users through our Contact page, in English.
• Data protection. Your rights under the GDPR, the UK GDPR, and the Swiss FADP are described in our Privacy Policy.

Consumers in other countries

If you live in Canada, Australia, New Zealand, Brazil, or any other country whose laws give consumers rights that cannot be waived or limited by contract, nothing in these Terms excludes, restricts, or modifies those rights. Examples include the consumer guarantees under the Australian Consumer Law and the protections of Quebec's Consumer Protection Act. Where such a law forbids a provision of these Terms, including the arbitration agreement or class action waiver, that provision applies only to the extent the law allows. Quebec consumers are not bound by the arbitration agreement or class action waiver.

Export controls and sanctions

You must comply with all applicable U.S. and international export control and economic sanctions laws in using the Services. You may not use, export, or re-export any part of the Services in violation of those laws, or for the benefit of any embargoed country or restricted person.

28State-Specific Notices

• California. Under California Civil Code § 1789.3, California users are entitled to the following notice. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. Monolith does not charge for use of the Site.
• New Jersey. Nothing in these Terms is intended to limit any rights you have under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act. Where any provision of these Terms, including the Disclaimer of Warranties, Limitation of Liability, Release, and Indemnification sections, would be unenforceable against New Jersey residents, it does not apply to them to that extent.
• Other states. Some states do not permit certain disclaimers, limitations of liability, releases, indemnities, limits on the time to bring claims, or choice-of-law or forum provisions. In those states, those provisions apply only to the extent the state's law allows, and your rights under that state's non-waivable consumer protection laws are preserved.

29Accessibility

Monolith is committed to making the Site usable by as many people as possible, including people with disabilities, and we work toward conformance with the Web Content Accessibility Guidelines (WCAG). If you have trouble accessing any part of the Site, or need these Terms in an alternative format, contact us through our Contact page with the subject "Accessibility." We will work with you to provide the information or service through another reasonable means.

30General Provisions

• Entire agreement. These Terms, the Privacy Policy, and any Additional Terms are the entire agreement between you and Monolith about the Services. They supersede all prior or contemporaneous understandings on that subject.
• Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if that is not possible. The remaining provisions remain in full force, subject to the specific severability rules in Dispute Resolution and Binding Arbitration.
• No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision. A waiver is effective only if it is in writing and signed by an authorized representative of Monolith.
• Assignment. You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.
• Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control. Examples include natural disasters, pandemics, war, terrorism, civil unrest, labor disputes, government action, utility, internet, or platform outages, cyberattacks, and failures of Third-Party Services or game servers.
• Relationship. No agency, partnership, joint venture, employment, or fiduciary relationship is created by these Terms or your use of the Services.
• No third-party beneficiaries. These Terms do not give any third party any rights or remedies. The exception is the Monolith Parties, who are intended beneficiaries of the disclaimer, limitation, release, and indemnification provisions.
• Interpretation. These Terms will not be construed against the drafter. If these Terms are translated, the English version controls to the extent permitted by law.
• Equitable relief. A breach of these Terms involving our intellectual property, security, or Community safety may cause us irreparable harm. In that case, we may seek injunctive relief without posting a bond, to the extent permitted by law.

31Contact Information

For questions about these Terms, use our Contact page and include the right subject line: "Legal Notice," "Notice of Dispute," "Arbitration Opt-Out," "DMCA Notice," "Moderation Appeal," or "Accessibility."

Monolith Gaming, LLC
An Ohio limited liability company
Website: monolithgaming.org
Contact: monolithgaming.org/contact-us