TERMS OF SERVICE
Night Street Games, Inc.
Last Updated: 3/2/2026.
1. INTRODUCTION AND ACCEPTANCE
These Terms of Service (“Terms”) govern your access to and use of the Last Flag video game (the “Game”), along with the websites, community channels, customer support services, and related online services (collectively, the “Services”) operated by Night Street Games, Inc. (“Night Street”, “we”, “our”, or “us”). These Terms should be read alongside the Last Flag End User License Agreement (“EULA”), available at [https://lastflag.com/legal/eula], and the Night Street Privacy Policy, available at [https://lastflag.com/privacy-policy].
By accessing or using any of our Services, you agree to be bound by these Terms. If you do not agree to these Terms in their entirety, do not use the Services.
IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS-ACTION WAIVER IN SECTION 10. THIS MEANS THAT YOU AND NIGHT STREET AGREE TO GIVE UP THE RIGHT TO TAKE DISPUTES TO COURT AND TO HAVE THEM DECIDED BY A JUDGE OR JURY, AND TO BRING CLAIMS ON A CLASS BASIS OR PARTICIPATE IN A CLASS ACTION. PLEASE READ SECTION 10 CAREFULLY.
2. ELIGIBILITY AND AGE REQUIREMENTS
You must be an adult of the legal age of majority in your jurisdiction to accept these Terms. If you are not an adult, your parent or legal guardian must review and accept these Terms on your behalf before you use the Services.
ATTENTION PARENTS: Users must be the legal age of majority where they live to accept these Terms. If you accept these Terms as the parent or guardian of a minor child, you confirm you are the child’s parent or legal guardian, you agree to supervise and be fully responsible for your own and your child’s use of the Services, and you agree to accept responsibility for all actions while using the Services, whether or not you authorized them.
For residents of the European Economic Area (“EEA”), the United Kingdom (“UK”), or Switzerland: nothing in these Terms affects your statutory rights as a consumer under applicable mandatory consumer protection laws.
3. THE SERVICES
3.1 Scope
These Terms apply to the Game and to the Services, including the website, [https://lastflag.com], any official community channels, social media pages, customer support portals, and any other online services operated by Night Street. Your use of the Game software is also governed by the EULA, available at [https://lastflag.com/legal/eula], which addresses software licensing, technical restrictions, and related matters specific to the Game client. In the event of a conflict between these Terms and the EULA, the EULA will control with respect to software licensing matters, and these Terms will control with respect to all other matters.
3.2 Third-Party Platforms
The Game is offered through third-party digital storefronts, currently Steam (operated by Valve Corporation) and the Epic Games Store (operated by Epic Games, Inc.) (each, a “Platform” and collectively, the “Platforms”). Night Street does not operate its own user accounts. Your access to and use of the Game requires an account with the applicable Platform, and such account is governed by that Platform’s own terms of service and policies. Night Street is not responsible for any Platform’s acts or omissions, including any changes to Platform features, availability, or account management.
3.3 Refunds
Because the Game is made available through third-party Platforms, any refund of the purchase price for the license to the Game is subject to the applicable Platform’s refund and return policies. Night Street does not process refunds.
4. USER CONDUCT
4.1 General Conduct
You must comply with all applicable laws, regulations, and governmental orders in connection with your use of our Services. If any applicable law restricts or prohibits you use of our Services, you must comply with such restrictions or cease use of the Services.
4.2 Prohibited Conduct
You agree not to:
(a) Harass, stalk, threaten, or abuse other users of the Services;
(b) Publicly post personal identifying information about Night Street employees, players, or third parties;
(c) Transmit or communicate any material or content that, in Night Street’s sole discretion, is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or otherwise objectionable;
(d) Spam chat or other communication channels, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
(e) Impersonate any person or entity, including Night Street employees, partners, or agents, or falsely state or misrepresent your affiliation with any person or entity;
(f) create, develop, distribute, or use unauthorized hardware or software programs to cheat or gain advantage in any game mode in the Game or to influence gameplay or to mine or scrape system, data or personal information;
(g) Engage in any activity that disrupts, interferes with, abnormally burdens, or is detrimental to the normal functioning of the Services or the experience of other users;
(h) Attempt to gain unauthorized access to the Services, areas of the Services not made available to the public, other users’ information, or Night Street’s systems;
(i) Use the Services for any commercial purpose not expressly authorized by Night Street; or
(j) Violate any applicable community guidelines or rules posted by Night Street from time to time.
4.3 User Interactions
You are solely responsible for your interactions with other users of the Services. Night Street is not responsible or liable for the acts or omissions of any other user, or for any loss, damage, injury, or dispute arising out of or related to your interactions with other users. If you have a dispute with another user of the Services, you agree to release Night Street and its affiliates, licensors, service providers, and the Platforms from any and all claims, demands, and damages of every kind and nature, whether known or unknown, arising out of or in any way connected with such dispute.
4.4 Suspension and Termination
Night Street reserves the right, in its sole discretion, to suspend, restrict, or permanently terminate your access to any or all of the Services at any time and without prior notice if Night Street reasonably determines that you have violated these Terms, engaged in conduct that is harmful to other users, Night Street, or third parties, or for any other reason Night Street deems appropriate. Night Street shall have no liability to you for any suspension or termination of your access to the Services. Any provisions of these Terms that by their nature should survive termination shall survive, including without limitation intellectual property provisions, warranty disclaimers, indemnification, and limitations of liability.
5. INFRINGING CONTENT
To the fullest extent permitted under law, Night Street disclaims liability for any copyright infringement arising from user-generated communications. However, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (17 U.S.C. Section 512, the “DMCA”), Night Street provides a process for copyright owners to report alleged infringements, provided that our ability to address such claims is not superseded by the terms or policies of any third-party hosting platform on which the content appears. In such cases, copyright owners should refer to the takedown procedures provided by the applicable hosting platform.
5.1 Notice of Infringement
If you believe that your copyrighted work is being infringed on or through our Services, you may notify us with the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you believe has been infringed;
(c) A description of where the material that you claim is infringing is located, including a verifiable link to the material;
(d) Your name, address, telephone number, and email address;
(e) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and is not a permissible “fair use” of your work; and
(f) A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
The above information should be sent to our registered DMCA agent: [DMCA@Nightstreetgames.com].
Please note that pursuant to 17 U.S.C. Section 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by Night Street in connection with the written notification and allegation of copyright infringement.
5.2 Counter-Notification
If you believe that material you submitted to our Services was removed, or access to it was disabled by mistake or misidentification, pursuant to the above procedures, you may submit a counter-notification to our registered DMCA agent identified above. To be effective, your counter-notification must be a written communication that includes the following:
(a) Your physical or electronic signature;
(b) Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
(c) A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(d) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Night Street may be found, and that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.
6. MESSAGING AND VOICE CHAT
Night Street may make messaging or voice chat (collectively, “Communication Software”) available through the Game or through third-party providers. Night Street is not responsible for communications made by you or other users via the Communication Software. You agree that communications made by you via the Communication Software are not private communications. You acknowledge and agree that personal information that you communicate via the Communication Software may be seen and used by others and may result in widespread distribution. Night Street strongly encourages you not to disclose any personal information in your public communications via the Communication Software unless you wish such information to be made permanently available to the public.
7. CHANGES TO THESE TERMS
Night Street reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain provisions of these Terms, in whole or in part. Such changes will be effective with or without prior notice to you. You are responsible for checking these Terms periodically for changes. If any future changes to these Terms are unacceptable to you, you must discontinue use of the Services. Your continued use of the Services following any modification constitutes irrevocable acceptance of the modified Terms.
The sole exception is that any amendments Night Street may make to the dispute resolution terms of these Terms will not apply to any dispute that has already commenced at the time of the amendments, unless you wish those amended terms to apply to the resolution of a previously commenced dispute.
8. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
8.1 Disclaimer
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NIGHT STREET AND ITS AFFILIATES, LICENSORS, AND ASSOCIATED SERVICE PROVIDERS MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8.2 Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL NIGHT STREET, ITS AFFILIATES, LICENSORS, OR ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.
IN NO EVENT WILL NIGHT STREET’S TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR A LICENSE TO THE GAME DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE, OR (B) ONE HUNDRED U.S. DOLLARS ($100). NOTHING IN THIS SECTION SHALL AFFECT NIGHT STREET’S LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
8.3 EEA/UK Consumers
If you are a consumer residing in the EEA, UK, or Switzerland, nothing in these Terms limits or excludes Night Street’s liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be limited or excluded under applicable mandatory consumer protection law.
9. INDEMNIFICATION
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU HEREBY AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS NIGHT STREET, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND SUBCONTRACTORS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO: (A) YOUR BREACH OF THESE TERMS; (B) YOUR VIOLATION OF ANY APPLICABLE LAW, REGULATION, OR THIRD-PARTY RIGHT; OR (C) YOUR USE OR MISUSE OF THE GAME OR THE SERVICES.
Night Street reserves the right to assume sole responsibility for the defense of any claim for which you are obligated to indemnify Night Street, at your expense. The provisions of this Section shall remain in force after termination of these Terms.
10. BINDING ARBITRATION AND CLASS ACTION WAIVER
READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT
TO FILE A LAWSUIT IN COURT.
10.1 Informal Dispute Resolution
Night Street’s customer support is available to address any concerns you may have regarding the Services. Most concerns are quickly resolved in this manner to our users’ satisfaction. You and Night Street shall attempt to settle any dispute, claim, question, or disagreement directly through consultation and good-faith negotiations, which shall be a precondition to either party initiating arbitration under this Section 10.
The party raising a dispute must send a written notice (“Notice”) to the other party describing the nature and basis of the dispute and the specific relief sought. Night Street’s address for Notices is: Night Street Games, Inc., Attn: Legal Department, 823 Las Vegas Boulevard So., Ste 280, Las Vegas, NV 89101. Email: [legal@nightstreetgames.com].
If a dispute is not resolved within sixty (60) days after receipt of the Notice, either party may commence arbitration pursuant to this Section 10.
10.2 Agreement to Arbitrate
If the parties do not reach an agreed-upon solution within the sixty (60) day period as set forth in Section 10.1, then either party may initiate binding arbitration as the sole means to formally resolve the dispute, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms, the EULA (including their interpretation, formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Services shall be finally settled by binding arbitration administered by National Arbitration and Mediation (“NAM”), according to NAM’s Comprehensive Dispute Resolution Rules and Procedures, excluding any rules or procedures governing or permitting class actions (the “Rules”). The Rules governing the arbitration may be accessed at https://namadr.com. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the U.S. Federal Arbitration Act shall apply to the interpretation, applicability, enforceability, and formation of this agreement to arbitrate, notwithstanding any other choice of law provision contained in these Terms.
10.3 Arbitrator’s Authority
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including without limitation any claim that all or any part of these Terms is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
10.4 Fees
Your arbitration fees and your share of arbitrator compensation shall be governed by the Rules.
10.5 Location
Arbitration shall be initiated in Clark County, Nevada, and you and Night Street agree to submit to the personal jurisdiction of any federal or state court in Clark County, Nevada, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
10.6 Confidentiality
You must keep the existence of an arbitration initiated hereunder, including without limitation, all materials and documents exchanged during the arbitration proceedings, and the arbitration award, confidential and must not share them with anyone except your attorney or other professional advisors, and then subject to the condition that they likewise maintain confidentiality.
10.7 Coordinated Filings
Notwithstanding the parties’ agreement to have arbitration administered by NAM, if twenty (20) or more demands for arbitration are filed based upon the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, the parties agree that this will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, both parties agree that it shall not be governed by the Rules or administered by NAM. Instead, a Mass Arbitration shall be administered by FedArb and governed by the FedArb rules in effect when the Mass Arbitration is filed, excluding any rules that permit arbitration on a class-wide basis, and under the terms set forth in these Terms. The FedArb rules may be accessed at https://fedarb.com. Night Street will pay only its share of arbitration fees for Mass Arbitration; the claimants will be responsible for their share of those fees.
10.8 Class Action Waiver
THE PARTIES FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. YOU AND NIGHT STREET AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH IN THIS PARAGRAPH IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISION SET FORTH ABOVE SHALL BE DEEMED NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE DISPUTES.
10.9 Jury Trial Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND NIGHT STREET HEREBY WAIVE THE RIGHT TO A JURY TRIAL. THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
10.10 Exception — Intellectual Property and Small Claims
Notwithstanding the parties’ agreement to resolve all disputes through arbitration as set forth in this Section 10, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Game under the EULA. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
Any disputes between us that are not subject to arbitration, other than disputes filed in small claims court, may be filed only in the state courts in Clark County, Nevada or, if federal jurisdiction exists, in the United States District Court for the District of Nevada, and you consent as part of these Terms to personal jurisdiction in such courts and to venue such cases exclusively in these courts. Nothing in this paragraph shall be construed as prohibiting either you or Night Street from removing a case from state to federal court if removal is allowed under applicable law.
10.11 Opt-Out
You have the right to opt out of this agreement to arbitrate by sending written notice of your decision to opt out to [legal@nightstreetgames.com] within thirty (30) days after first becoming subject to this arbitration provision. Your notice must include your name, mailing address, and a clear statement that you do not wish to resolve disputes with Night Street through arbitration. If you opt out, Night Street also will not be bound by the arbitration provisions with respect to you. The opt-out will not affect any other aspect of these Terms.
10.12 Continuation in Effect
The dispute resolution process set forth in this Section 10 survives any termination of these Terms.
11. GENERAL PROVISIONS
11.1 English Version
The English version of these Terms will be the version used when interpreting or construing these Terms.
11.2 Governing Law
These Terms shall be governed in all respects by the laws of the United States of America and the State of Nevada, without regard to conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Users who access the Services from outside of the United States are responsible for compliance with all applicable local laws.
11.3 Severability
If any provision of these Terms is held to be invalid or unenforceable under applicable law, such provision shall be ineffective only to the extent of such invalidity, without invalidating the remainder of such provision or the remaining provisions of these Terms.
11.4 No Waiver
No failure or delay by Night Street to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.
11.5 Non-Assignment
You may not assign or transfer these Terms or any of your rights or obligations hereunder without Night Street’s prior written consent. Night Street may assign or transfer these Terms without restriction.
11.6 Entire Agreement
These Terms, together with the EULA and the Privacy Policy, constitute the entire agreement between you and Night Street relating to the subject matter hereof and supersede all prior or contemporaneous written or oral agreements.
11.7 Contact
If you have any questions or concerns regarding these Terms or the Services, please contact us:
By email: [support@nightstreetgames.com]
By mail:
Night Street Games, Inc.
Attn: Customer Support
823 Las Vegas Boulevard So., Ste 280
Las Vegas, NV 89101