1. Introduction
2. Eligibility
3. Device and App Store
4. Account
5. Grant of License
6. Service and Access
7. Company’s Obligations
8. User Responsibilities
9. Providing User Consent
10. Agreement to Terms of Service
11. Protection of Information
12. Virtual Items and Virtual Currency
13. Payments and Orders
14. Free Currencies and Giveaways
15. Content
16. Notifications
17. Copyright/ DMCA Notice
18. Removal/ Right to Refuse Service
19. Complaints
20. Privacy
21. Disclaimer of Warranties
22. Limitation of Liability
23. Indemnification
24. Dispute Resolution, Binding Arbitration, Class Action Waiver
25. Changes to these terms
26. General
Welcome!
We thank you for your interest in the GamerFace.net LLC games and related services and game support applications and software ("Games") made available through Platform(s) (being collectively, and at times individually, the various game related applications, GamerFace.net LLC or RedTigerPro-branded websites and/or online communities for Games or other social network platforms for Games) (the "Services"). The Services include all relevant services that are provided to you by GamerFace.net LLC, regardless of the device you use.
In these Terms, "we", "us", "our" “RedTigerPro” or "GamerFace.net LLC" (whether capitalized or not) means GamerFace.net LLC and affiliates and "you" (whether capitalized or not) means the user of the Services.
Our Privacy Policy and Operations Policy form an integral part of these Terms and can be found at
Privacy Policy Link
Operations Policy Link
If you reside outside of the United States of America, by installing, using or accessing our Services, you agree to be bound by (i) these Terms; (ii) the Privacy Policy; and (iii) the Operations policy.
If you do not agree with any one of these, do not install or use the Services.
We reserve the right to change the Terms at any time in accordance with Section 20 of these Terms.
THESE TERMS OF USE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 24, BELOW. If you are a user in the European Economic Area ("EEA"), or any other country that does not allow such arbitration agreement, Section 24 does not apply to you.
Additional Definitions:
(i.e. Google Play Appstore, Apple Appstore, and etc)
BY AGREEING TO THESE TERMS, YOU REPRESENT THAT (A) IN THE CASE THAT YOU RESIDE IN THE EUROPEAN UNION, YOU ARE SIXTEEN (16) YEARS OF AGE OR OLDER, OR IN THE CASE THAT YOU RESIDE OUTSIDE OF THE EUROPEAN UNION, YOU ARE THIRTEEN (13) YEARS OF AGE OR OLDER, AND YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT HERE, OR (B) IN THE CASE YOU RESIDE IN THE EUROPEAN UNION AND ARE UNDER SIXTEEN (16) YEARS OF AGE OR RESIDE OUTSIDE OF THE EUROPEAN UNION AND ARE UNDER THIRTEEN (13) YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS AND CONDITIONS.
You represent that you own or control the device you use to access our Services and understand that you must have access to an electronic communication network. As used here, device means any electronic device, such as smart phones, tablets and PCs in which any content can be downloaded, installed, viewed, displayed or used. Any connection costs (including but not limited to network service providers' and or/carriers' costs) and any other charges may apply and these shall be exclusively borne by you.
We do not make any representations or warranties that our Services will be compatible with your device and you acknowledge that the Services may not be available for use on all mobile devices or through all carriers or network service providers. You acknowledge that the availability and quality of the Services, the response time or access to certain features may depend on the capacities of your device and of the electronic communication network. We may in no case be held responsible for lack of or reduced user experience.
You can download and use the Games provided by us in accordance with the terms and conditions and policies of each App Store. We are not responsible for the availability of any services provided by such App Store, and are not responsible or liable for any content, advertising, products, or other materials on or available from their sites or resources. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, inability to use or reliance on any such content, goods or services provided solely by such App Store.
There are two ways to use our Services and these are: (i)via a third party social network platform account ("SNS Account"); (ii) without a social account and using our guest account system ("Guest Account");. These are described in further detail below and the term "Account" used in these Terms refers to all of the previously described (i) and (ii).
(i) SNS Account: You may choose to use our Services using a third party social network platform account. When you allow our Services to interact with such network or platform, the network or platform will provide data about you to us.
(ii) Guest Account: If you use the Services without creating a SNS Account, we will create and assign to your device an identifier that is similar to an account number.
YOU ACKNOWLEDGE THAT WITH A GUEST ACCOUNT:
YOU WILL NOT RECEIVE CUSTOMER SUPPORT IN RELATION TO OUR SERVICES; AND
WHERE YOU HAVE PURCHASED VIRTUAL CURRENCY OR VIRTUAL ITEMS, YOU MAY NOT BE ABLE TO ACCESS THESE ON A DEVICE THAT DIFFERS FROM THE DEVICE YOU USED TO PURCHASE SUCH CURRENCY OR ITEMS.
Responsibility of Account User: IN RELATION TO EACH OF THE POSSIBLE ACCOUNTS DESCRIBED ABOVE, YOU ARE SOLELY AND FULLY RESPONSIBLE FOR KEEPING YOUR LOGIN DETAILS TO YOUR ACCOUNT CONFIDENTIAL AND AGREE TO NOT SHARE THESE WITH ANYONE. You may not use anyone else's Account or permit others to use your Account at any time and are solely and fully responsible for all uses of your Account whether or not authorized by you. If you are a parent or legal guardian, you may permit your child to use these Accounts instead of you, provided that parents and guardians are liable for the activities of their child.
With the exception of third party materials and user-generated materials as addressed below, all content of our Services, including features, text, photographs, images, graphics, designs, trademarks, audio, video, games, applications, functionality, items, software and files ("Content") is proprietary to us and our licensors. We grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to install and use the Services for personal use for such time until these Terms are terminated by either you or us. You must in no event use or allow others to use the Services or this license for commercial purposes. These Terms shall apply to any updates, upgrades, patches and modifications that may be necessary in order to be able to continue to use the Services on certain hardware.
THE SERVICES ARE LICENSED TO YOU AND NOT SOLD. YOU ACKNOWLEDGE THAT, AND NOT INTENDING TO LIMIT ANY OF THE PROVISIONS OR PROTECTIONS SET OUT IN THESE TERMS, DUPLICATION, COPYING OR ANY FORM OF REPRODUCTION OF THE GAMES OR RELATED INFORMATION, MATERIALS OR OTHER CONTENT, TO ANY OTHER SERVER OR LOCATION FOR THE PURPOSES OF DUPLICATION, COPYING OR ANY OTHER FORM OF REPRODUCTION IS EXPRESSLY AND EXPLICITLY PROHIBITED.
Except as expressly permitted by us, you will not, directly or indirectly (i) sell, rent out, lease, license, distribute, transfer, exploit the Content, the Game, associated aspects of the Game or any of its parts, commercially, (ii) copy, reproduce, translate, reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of the Games (except if the Games enable you, through a specific feature, to create, generate or submit User Generated Content (described below) and for which you will need to comply with these Terms), in whole or in part; (iii) create, use, promote, advertise and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for the Games (whether in an online multiplayer game or in a single player game over the internet or in local area network) or cheats, bots, hacks or any other code and/or software not expressly authorized by us that can be used in connection with the Services and/or Platform; and/or (iv) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within the Games.
Except as expressly set out in these Terms, these Terms do not grant to you any license to any intellectual property rights or other proprietary rights.
We may modify the Games for any reason or without any specific reason, at any time and at our discretion, including but not limited to, for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Services. You agree that the Games may install or download the modifications automatically. You agree that we may stop supporting previous versions of the Games upon availability of an updated version.
Data Mining: You will not use any unauthorized process or software that intercepts, collects, reads, or “mines” information generated or stored by the Platform; provided, however, that we may, at our sole and absolute discretion, allow the use of certain third-party user interfaces.
Cloud Computing: You will not use the Platform or the Games in connection with any unauthorized third-party "cloud computing" services, "cloud gaming" services, or any software or service designed to enable the unauthorized streaming or transmission of content of the Games from a third-party server to any device.
Duplicated items: You will not create, utilize or transact in any Virtual Items or Virtual Currency created or copied by exploiting a design flaw, undocumented problem or program bug in either the Platform or the Services.
Matchmaking: You will not host, provide or develop matchmaking services for the Games or intercept, emulate or redirect the communication protocols used by us in any way, for any purpose, including without limitation, unauthorized play over the internet, network play (except as expressly authorized by GamerFace.net LLC), or as part of content aggregation networks.
We own, have licensed, or otherwise have the rights to use all content appearing or originating in our Services, including virtual items and virtual services ("Virtual Items") and fictional currencies (such as Diamonds or points) ("Virtual Currency") that you purchase or obtain in order to use certain Services or certain Content in our Games. You agree that you will only purchase Virtual Currency and/or Virtual Items from us or a third party store authorized by us, and not from any unauthorized third party.
Virtual Items and Virtual Currency are categories of Content provided solely for your personal and entertainment use, they may only be used in our Services, and they have no value outside of such Services. By purchasing or receiving Virtual Items and Virtual Currency ("In-Game Purchase"), you are only provided with a limited, revocable license right to use Virtual Currency and Virtual Items and do not own such Virtual Currency or Virtual Items. Any balance of Virtual Items or Virtual Currency does not reflect any stored value and YOU ACKNOWLEDGE THAT VIRTUAL CURRENCY AND VIRTUAL ITEMS HAVE NO CASH OR OTHER MONETARY VALUE AND CAN NEVER BE SOLD, TRANSFERRED OR EXCHANGED FOR "REAL" MONEY OR "REAL" GOODS FROM US OR ANYONE ELSE. The effective period and use range of such Virtual Items or Virtual Currency can be restricted by us, and we reserve the right to, in our discretion, modify features, functions or abilities of any element of any Virtual Items or Virtual Currency, or remove any Virtual Items or Virtual Currency.
You cannot sell or transfer, or attempt to sell or transfer, Virtual Items or Virtual Currency through services not provided by us. Where permitted by us, you can exchange, within our Services, those Virtual Items and Virtual Currency that cannot be purchased with "real world" money ("Tradable Items") for other Tradable Items so long as no money or anything of monetary value is paid or given for Tradable Items. Any other exchange is strictly prohibited.
Virtual Items and Virtual Currency may never be redeemed by you for "real world" money, goods, wares, merchandise, services, or anything of monetary value from us, any of our affiliates, or any other person, except as expressly required by applicable law.
There is no subscription fee or purchase price for accessing the Game. Some of our Games may be described as a “free game” within the description page of App Stores. YOU MAY DOWNLOAD AND PLAY SUCH GAMES FREE OF CHARGE, BUT THESE GAMES MAY CHARGE REAL MONEY FOR ADDITIONAL GAME CONTENT (see below).
You acknowledge and agree to accept full responsibility for all fees and purchases made through your Account (including any unauthorized purchases) and agree to fully compensate us for any loss or harm that may result. GamerFace.net LLC and affiliates will not be responsible to you for any losses resulting from an unauthorized access or use of your Account, whether fraudulently or otherwise.
In-Game Purchases and Payments
As described above, the Game will contain Virtual Items or Virtual Currency that can be purchased within the Game. We reserve the right to charge fees for the right to access or use Virtual Currency or Virtual Items ("In-Game Purchases"), or to access certain functions or Content within the Game. You should check before purchasing whether the Virtual Items or Virtual Currency to be purchased is free or not. The "prices" for these In- Game Purchases and the amounts and kinds of Virtual Items and Virtual Currency available may be altered at any time without notice. Virtual Items and Virtual Currency that you receive may also be changed or discontinued at any time without notice. We may also decide to distribute Virtual Items or Virtual Currency without charge, in our sole discretion, from time to time.
If you are under the age of 18 (or under the age of legal majority that applies in the jurisdiction where you access the Services) you must have your parents' or guardians' permission to make any In-Game Purchases. By completing an In-Game Purchase you are confirming that you have obtained all permissions necessary to make the purchase.
Any order for an In-Game Purchase constitutes an offer for use of that content. If this offer is accepted then the content will be automatically downloaded to your account.
In-Game Purchases can only be used within the Games, and cannot be redeemed for "real world" money or otherwise transferred.
You agree that all In-Game Purchases are final and YOU UNDERSTAND AND AGREE THAT GAMERFACE.NET LLC WILL NOT OFFER REFUNDS FOR VIRTUAL CURRENCY OR VIRTUAL ITEMS UNDER ANY CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION TERMINATION OR EXPIRATION OF YOUR ACCOUNT, THESE TERMS, OR THE SERVICES, EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW OR AS SET OUT IN THESE TERMS.
If you are a resident of the European Union, the right to withdraw from such In-Game Purchase may be available to you during a 14-day period from the date of purchase ("Cooling Off Period"); however, this right of withdrawal will not apply where you commence using the In-Game Purchase before the end of the Cooling Off Period. Therefore, you expressly agree and understand that in respect of an In-Game Purchase, your right of withdrawal is forfeited upon your use of the In-Game Purchase.
If you use our Services with a Guest Account then you accept that you may only be able to use In-Game Purchases on the mobile device that you used when purchasing the Virtual Item and/or Virtual Currency.
If an Account is permanently banned, all content licenses and Virtual Currency and Virtual Items balances associated with the banned Account are forfeited. We will have no obligation or responsibility to and will not reimburse you for any Virtual Currency or Virtual Items lost due to your violation of these Terms.
You are responsible for paying any fees, charges and applicable taxes (including VAT, sales or other taxes) incurred in relation to an In-Game Purchase.
Through the Game, you can obtain in-game currency that is not purchased through In-Game Purchases and is provided via events or obtained by users during the game which is known as “Free Cash”.
In addition to the aforementioned Free Cash, we may, at times during the Game, provide free points (mileage) to you and such points are known as “Free Points”.
The effective period, use range and other terms of such Free Cash and Free Points obtained shall be notified by us to you.
Where you hold Free Cash, Free Points and Virtual Currency and/or Virtual Items purchased through an In-Game Purchase, the Virtual Currency and/or Virtual Items shall be preferentially deducted as a priority and the Free Cash and/or Free Points thereafter. However, this may vary at the sole discretion of us and as notified to you.
"Free Cash" and "Free Points" shall not be subject to refund or compensation.
Third party
Our Services may contain links to third party websites and content (including without limitation text, photographs, images, graphics, designs, audio, video, games, applications, software, and files) owned by, or originating from, third parties. We are not responsible for the accuracy, appropriateness, completeness of, or the opinions expressed or views espoused on or in, such websites or content and we do not necessarily monitor or investigate such websites or content or verify their accuracy, appropriateness, or completeness. Our inclusion of any linked website or third party content in connection with our Services does not imply approval or endorsement of such website or content by us. If you follow a link to a third party website or content, or otherwise access or use such a website or content, you do so solely at your own risk, and our Privacy Policy and other policies and practices do not apply to any information gathered by such third party.
We may feature advertisements from third parties or provide links on our Services to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of our Services and/or benefits (such as Virtual Items or Virtual Currency). Any charges or obligations you incur in your dealings with these third parties are your sole responsibility.
We make no representation or warranty regarding any content, goods and/or services provided by any third party, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under our control and may collect data or solicit personal information from you. We are not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. We take no responsibility for third party advertisements or third party applications that are posted on or through our Services or goods or services provided or promoted by any third party through third party advertisements through our Services, nor do we take any responsibility for goods or services provided by its advertisers.
We are not responsible for the conduct, whether online or offline, of any other user. We do not control, and have no liability to you for, what other users post, transmit, or share.
User Generated Content
You may not post, transmit, store, or share any text, photographs, images, graphics, designs, audio, video, games, applications, software, files, user profiles, messages, and other content that you post, transmit, or share ("User Generated Content") that is not an original work of authorship by you or for which you do not have rights or permission to do so. You are solely responsible for all User Generated Content and you are solely responsible for creating backup copies of any User Generated Content and for replacing any User Generated Content to the extent you desire to do so and the replacement is consistent with these Terms.
Subject to the following license between you and us, you retain ownership of all of your rights in the User Generated Content. By posting, storing, or transmitting User Generated Content, you (i) authorize us to reproduce, distribute, transmit, and use such User Generated Content as necessary to facilitate the posting, storage, and transmission of, and the access to, such User Generated Content; and (ii) grant us a non-exclusive, worldwide, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, distribute, publicly perform, publicly display, reformat, translate, excerpt, modify, and create derivative works of your User Generated Content for any purpose (commercial or non-commercial). You may request removal of any of your User Generated Content from our Services at any time, in which case the foregoing license will terminate with regard to future use after we remove it; however, we may retain archived copies of your User Generated Content for so long as is necessary for administrative purposes, and, if we have used your User Generated Content prior to removal, we may continue to use your User Generated Content in any manner that we previously had used such content (for example, if your User Generated Content was included in an advertisement, we may continue to use such content in the advertisement.)
We have no liability to you for User Generated Content, and make no representations or warranties, express or implied, as to or the accuracy, reliability, or content of User Generated Content and such User Generated Content does not reflect our opinions, positions, or our policies. Further, we have no liability to you for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter or access.
You acknowledge that we have no obligation to monitor or record your access to or use of our Services, or to monitor, record, or edit any User Generated Content, but agree that we have the right to do so for the purpose of operating our Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. You acknowledge and agree that you have no expectation of privacy concerning uploads, transmissions, or submissions of any User Generated Content.
SMS NOTIFICATIONS, PUSH NOTIFICATIONS & LOCAL NOTIFICATIONS
WE MAY SEND LOCAL OR PUSH NOTIFICATIONS TO YOUR MOBILE DEVICE TO MAKE YOU AWARE OF GAME UPDATES, PROMOTIONAL EVENTS, NEW GAME INFORMATION AND OTHER RELEVANT MESSAGES REGARDING THE GAME SERVICE. YOU CAN MANAGE PUSH NOTIFICATIONS FROM THE “OPTIONS” OR “SETTINGS” PAGE WITHIN THE RELEVANT GAME. YOU MAY ALSO BE ABLE TO MANAGE THEM FROM YOUR DEVICE’S SETTINGS PAGE FOR THE RELEVANT GAME. WE WILL NOT SEND ANY SMS NOTIFICATION TO YOUMOBILE DEVICE UNLESS WE OBTAIN AFFIRMATIVE EXPRESS CONSENT FROM YOU IN COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS.
GamerFace.net LLC respects the intellectual property rights of others and we expect our users to do the same. Accordingly, you may not upload, post, send, or transmit to or through our Services any materials that violate third party intellectual property rights. We have the right to suspend, restrict, or terminate, in appropriate circumstances, subscriptions and accounts held by users who are repeat infringers of intellectual property rights.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, and you believe that any content on the Services infringes on your copyrights, you may submit a notice pursuant to the Digital Millennium Copyright Act ("DMCA") to our Designated Copyright Agent at the address below. Upon receipt of the notice as described below, GamerFace.net LLC will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services.
For your notice to be effective, it must include the following information:
a. Sufficient details to enable us to identify the work claimed to be infringed and the material claimed to be infringing (where possible, please include the web address (URL) to the webpage where the material is located);
b. Your contact information, such as your address, telephone number and, if available, email address;
c. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
d. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
e. Your physical or electronic signature.
Please note that under 17 U.S.C. §512(f), if you knowingly and materially misrepresent that a material or activity is infringing, you are liable for any damages, including costs and attorneys' fees, incurred by us or our users.
Regarding any content on the Services that is removed or disabled, if you believe that your content is not infringing or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice to our Designated Copyright Agent pursuant to the DCMA. Upon receipt of the counter-notice as described below, GamerFace.net LLC will take whatever action, in its sole discretion, it deems appropriate, including sending a copy of the counter-notice to the original complaining party informing that party that we may replace the removed content or stop disabling it. Unless the copyright owner files an action seeking a court order against the provider of the content, the removed content may be replaced or access to it restored, in our sole discretion
For your counter-notice to be effective, it must include the following information:
a. Identification of the material that has been removed or to which has been disabled and the location at which the material appeared before it was removed or disabled;
b. 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 in question;
c. A statement that you consent to the jurisdiction of the United States District Court where your address is located or, if your address is located outside the United States, to the jurisdiction of the United States District Court located in San Francisco, California; and that you will accept service of process from the person who sent the infringement notification;
d. Your name, address, telephone number, and, if available, email address; and
e. Your physical or electronic signature.
Please note that under 17 U.S.C. Section 512(f), if you knowingly and materially misrepresent that a material or activity was removed or disabled by mistake or misidentification, you are liable for any damages, including costs and attorneys' fees, incurred by us or our users, or by any copyright owner or copyright owner's authorized licensee.
In relation to Copyright Information, GamerFace.net LLC can be contacted as follows:
GamerFace.net LLC
Attn: Legal Affair Department Agent
Email: [email protected]
We reserve the right in our sole judgment to:
at any time and with or without prior notice or explanation, for any or no reason, and without liability, including where we determine or believe, in our sole discretion, that you have violated these Terms or to protect us, third parties, our Services, or other users from perceived harm.
In such event, GamerFace.net LLC is not required to provide refunds, benefits or other compensation to you in connection with such discontinued elements of the Services and any Virtual Currency and/or Virtual Items associated with the terminated account will be deleted.
Without limiting the generality of the paragraph above, if we believe that you are in material breach of these Terms (including by repeated minor breaches), we may terminate and delete your Account without warning.
We will work to, but do not guarantee to, address any complaints raised by you within a reasonable period, when such complaints are objectively considered appropriate. In the event that a longer period of time is required, we will notify you of the reasons.
As set out above, our Privacy Policy is incorporated into and forms an integral part of these Terms and can be found at here. You agree that by accessing the Services you consent to have your personal data transferred to, and processed in, the United States of America and other countries and territories.
If your account is an SNS Account and you therefore choose to connect to one of our Platforms through a third-party social network such as Facebook or App Store (for iOS devices), we may collect personal information from your profile on such third-party social networks, such as your name, username, and photograph. You should ensure that you read the terms of service and privacy policies of the applicable third-party social network or platform to understand how they treat your data and what data they might share with us.
You may request access to the personal information we have collected about you and that we amend or delete that information.
TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, THESE GAMES, SERVICES AND CONTENT ARE PROVIDED "AS IS" AND GAMERFACE.NET LLC DISCLAIMS ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR PRACTICE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER USERS ON THE SERVICE, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT. THESE LIMITATIONS APPLY TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW.
TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, GamerFace.net LLC(AND ITS OFFICERS, DIRECTORS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, LICENSORS AND LICENSEES) WILL IN NO EVENT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES. THESE DAMAGES INCLUDE DAMAGES FOR LOST PROFITS AND LOST INCOME, COST OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION OR STOPPAGE, LOSS OF DATA, LOSS OF GOODWILL, AND COMPUTER FAILURE OR MALFUNCTION. THIS LIMITATION APPLIES TO ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICES, INCLUDING CLAIMS BASED ON MISTAKES OR INACCURACIES OF THE CONTENT OF OUR SERVICES, UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICES OR SECURE SERVERS, THE INTERRUPTION OF OUR SERVICE, ANY VIRUS OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE, AND APPLIES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF DAMAGE, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
WITHOUT LIMITING THE TERMS OF THE PARAGRAPH IMMEDIATELY ABOVE, AND TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL SMILEGATE MEGAPORT'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, AN EVENT, OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR CONTENT EXCEED FIFTY U.S. DOLLARS ($50.00). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SMILEGATE MEGAPORT AND YOU.
You agree to defend, indemnify, and hold harmless the Company (and its officers, directors, subsidiaries, affiliates, employees, agents, licensors and licensees and any other parties with whom Smilegate Megaport may contract to provide the Services) from and against any and all claims, actions, lawsuits, liabilities, damages, judgments, awards, losses, penalties, fines, costs, expenses, or fees (including reasonable attorneys' fees and expenses) of any kind and nature imposed on, incurred by or asserted against the Company arising out of your breach or alleged breach of any representation, warranty, covenant or obligation pursuant to these Terms. The Company reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
YOU AGREE THAT DISPUTES BETWEEN YOU AND GAMERFACE.NET LLC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
THIS NOTICE DOES NOT APPLY IF
a. IF YOU ARE A RESIDENT OF THE EEA, OR ANY JURISDICTION WHICH DOES NOT ALLOW THIS ARBITRATION AGREEMENT.
b. IF YOU OPT OUT OF ARBITRATION AS DESCRIBED BELOW, OR
c. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION (E) BELOW
This section offers a streamlined way to resolve disputes between you and the Company if they arise. If a dispute arises between you and the Company, we strongly encourage you to first contact us directly to seek a resolution by visiting our customer support site at http://help.riteofkings.com/. If we cannot resolve your concern, you and the Company agree to be bound by the procedure set forth in this Section to resolve any and all disputes between us.
a. Any matter we are unable to resolve and all disputes or claims arising out of or relating to these Terms or your use of the Services (a "Claim"), with the exception of the matters described in Section 24(e) below, shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association ("AAA") excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all claims. 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. The parties understand that, absent this mandatory provision, they may 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. Any such arbitration shall be conducted by the parties in their individual capacities only and not as a class action or other collective, consolidated or representative action, and the parties waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in the preceding sentence is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth in this section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate claims. Except as provided in the preceding sentence, this Section will survive any termination of these Terms.
b. The arbitration shall be conducted in either San Francisco, California or in the United States county in which you reside. In the event that you select the county of your United States residence, Smilegate Megaport may transfer the arbitration to San Francisco, California (with your consent) in the event that Smilegate Megaport agrees to pay any additional fees or costs you incur, with such fees or costs (including travel costs of your attorney) to be determined by the arbitrator, as a result of the change in location to San Francisco, California.
c. The rules governing the arbitration may be accessed at www.adr.org. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
d. Section (a) above does not apply to any claim:
(1) in which a party is attempting to protect its intellectual property rights (such as its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity rights), or
(2) that may be brought in small claims court.
f. You have the right to opt out of the provisions of this section by sending written notice of your decision to opt out Attn:Legal Affairs Department Agent, Email: [email protected], within 30 days of the start of your use of the Services. If you send this notice, then this section will not apply to either party. If you do not send this notice, then you agree to be bound by this section.
g. You and the Company agree that the state or federal courts located in Christiansburg, Virginia have exclusive jurisdiction over any suit between the parties not subject to arbitration, with the exception of any disputes or claims that are filed in and within the jurisdiction of a small claims court located in the United States, and you agree to be subject to personal jurisdiction and venue in the state or federal courts in Christiansburg, Virginia for any suit between you and GamerFace.net LLC not subject to arbitration. Any dispute between the parties will be governed by this Agreement and the laws of the State of Virginia, without regard to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
h. Notwithstanding Section 19(a), above, in the event that you breach the Terms, you hereby agree that GamerFace.net LLC would be irreparably damaged if the Terms were not specifically enforced, and therefore you agree that the Company shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms, in addition to such other remedies as the Company may otherwise have available to it under applicable law.
We reserve the right, at our discretion, to change, suspend, remove or delete, any or all portion of these Terms at any time. If we change these Terms in a material way, we will give notice of that in our software, on our website, via banners within the Game and/or by email to any email address we may have for you at that time. Your continued use of our Services after we have changed these Terms will indicate your agreement to the updated Terms.
You can view the most current version of these terms by clicking on the link at LINK TO TERMS OF SERVICE. You are responsible for checking these Terms periodically for changes. You may terminate these Terms by (i) erasing the Game from your device; (ii) using a device that differs from the device that you originally used in relation to the Game; or (iii) resetting the Game.
Governing Law
These Terms are governed by the laws of the State of Texas without regard to conflict of law principles. Certain mandatory laws of other countries in which you are resident may also apply.
Survival
Upon the termination of any Services or your Account, any part of these Terms which by their nature should survive the termination of these Terms, shall survive such termination, including without limitation the following Terms: Grant of License, License Limitations, Content, Disclaimer of Warranties, Limitation of Liability, Indemnification, and the General Terms in this Section including but not limited to this provision.
Waiver
Any failure by GamerFace.net LLC to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of GamerFace.net LLC. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Independent Parties
You and the Company are independent parties, and nothing in these Terms constitutes a partnership between or joint venture of you and GamerFace.net LLC or makes either party the agent of the other. You may not hold yourself out contrary to the terms of this paragraph. GamerFace.net LLC is not liable for any representation, act or omission by you contrary to the provisions of these Terms.
Compliance with Applicable Export Controls and Other Laws
You agree to comply with all laws applicable to your use of the Services, and in particular you agree to follow U.S. and other export control and economic sanctions laws and agree not to directly or indirectly export, re-export or transfer any Service to prohibited countries or individuals or to permit any use of the Services by prohibited countries or individuals. You also acknowledge you are not a person with whom GamerFace.net LLC is prohibited from doing business under these export control or economic sanctions laws.