Terms of Service — player1games

PLAYER1GAMES.COM

WEBSITE TERMS & CONDITIONS

This Website Terms of Use (“Agreement”) governs your (“you”, “your” or “user”) use of the website www.player1games.com (the “Site”) (a division of Player1games, Inc., our licensees and assignees referred to in this Agreement as “Player1Games”, “us”, “we” or “our”).

Player1Games reserves the right to revise this Agreement in its sole discretion at any time and without prior notice to you other than by posting the revised Agreement on the Site. Any revisions to the Agreement are effective upon posting. The Agreement will be identified as of the most recent date of revision. It is incumbent upon you to visit this page periodically to ensure your continued acceptance of this Agreement. Your continued use of the Site, services, or products, after a revised version of this Agreement has been posted by Player1Games to the Site constitutes your binding acceptance of such revision and the revised Agreement. Notwithstanding the preceding sentences of this paragraph, no revisions to this Agreement will apply to any dispute between you and Player1Games that arose prior to the date of such revision.

BY ENTERING THE SITE OR PURCHASING ANY PRODUCT OR SERVICE YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE TERMS SET FORTH BELOW, YOU MAY NOT USE THIS SITE.

1. PRODUCTS & SERVICES.

Player1Games provides a number of Internet-based services through the Site (all such services, collectively, the "Services"). Player1Games also provides a number of digital products through the Site (all such products, collectively, the “Products”).

2. USE OF SITE AND SERVICES.

Player1Games will only knowingly provide the Services to parties that can lawfully enter into and form contracts under applicable law. You must comply with all of the terms and conditions of this Agreement, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the Services and the Site. Player1Games and its licensors solely and exclusively owns all intellectual property and other right, title and interest in and to the Services, Products and Site, except as expressly provided for in this Agreement. You will not acquire any right, title or interest therein under this Agreement or otherwise. Player1Games grants you a limited revocable license to access and use the Site and the Services for its intended purposes, subject to your compliance with this Agreement. This license does not include the right to collect or use information contained on the Site for purposes prohibited by Player1Games; create derivative works based on the Products or any third party content available via the Site (which must be agreed to in a separate agreement); or download or copy the Site (other than page caching). If you use the Site in a manner that exceeds the scope of this license or breach this Agreement, Player1Games may revoke the license granted to you. This Section does not pertain to your intellectual property rights.

Any rights relating to materials that you upload to the Site are covered by a separate agreement. Player1Games may use third parties to provide certain services accessible through the Site. Player1Games does not control those third parties or their services, and you agree that Player1Games will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as this Agreement when you use these services. If any such terms or policies conflict with this Agreement, agreements or policies, you must comply with this Agreement, agreements or policies, as applicable. The Player1Games, authorizes you to use the Site and to display its content but solely for your own personal noncommercial use. Any other use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any material at the Site, use of the Site, or access to the Site. The Services that Player1Games provides are always evolving and the form and nature of the Services that Player1Games provides may change from time to time. Player1Games retains the right to create limitations on use and storage at its sole discretion at any time without prior notice or any liability to you.

3. PRIVACY POLICY.

Please see our Privacy Policy disclosures relating to the collection and use of your information. Player1Games will treat personally identifying information that you submit through this Site in accordance with our Privacy Policy. You agree that you have read, understood, and accept the Privacy Policy, available here.

4. SITE SECURITY

While Player1Games uses reasonable efforts to safeguard the security of the Site, there can be no guaranty that such safeguards will successfully prevent unauthorized alterations in the content or functionality of the Site. Player1Games assumes no liability or responsibility for any unauthorized alterations in the content or functionality of the Site.

5. INTELLECTUAL PROPERTY.

You acknowledge that the Site may contain content that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Player1Games, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on any content found on the Site, in whole or in part. Any use of the Site or any content other than as specifically authorized herein, without the prior written permission of Player1Games, is strictly prohibited.

The Player1Games name and logo are trademarks of Player1Games (collectively, the "Player1Games Trademarks"). Other company, product, and service names and logos used and displayed or otherwise incorporated into the Site may be trademarks or service marks of their respective owners, and nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Player1Games Trademarks or other trademarks displayed on the Site, without prior written permission in each instance. All goodwill generated from the use of Player1Games Trademarks will inure to our exclusive benefit.

We respect the intellectual property of others. If you believe that any content on the Site has been copied in a way that constitutes copyright or trademark infringement, please email us at support@player1games.com to notify us of a claimed infringement. Your communication concerning a claimed infringement must include substantially the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;

(ii) Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;

(iii) Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Player1Games to locate the material;

(iv) Information reasonably sufficient to permit Player1Games to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

(v) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.

6. SUBMISSIONS.

When you submit emails, communications, questions, comments, suggestions, ideas, message board postings, material submitted via web forms, or any other information ("Submissions"), you grant Player1Games permission to use such Submissions for marketing and other promotional purposes. You agree that Player1Games will have no obligation to keep any Submissions confidential and you will not bring a claim against Player1Games based on "moral rights" or the like arising from Player1Games's use of a Submission.

7. ACCURACY OF INFORMATION.

We attempt to be as accurate as possible when describing our products on the Site, however, we do not warrant that the product descriptions, information or other content available on the Site are accurate, complete, reliable, current, or error-free. This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. While Player1Games uses reasonable efforts to include accurate and up to date information at the Site, Player1Games makes no warranties or representations as to the Site’s accuracy. The Company disclaims any and all liability for the accuracy, completeness, correctness, or currentness of such information. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

8. OTHER WEBSITES.

Users may find advertising or other content on the Site that link to the sites and services of our clients, partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not endorse or control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from the Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to the Site, is subject to that website's own terms and policies. Player1Games 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 or reliance on any content, events, goods or services available on or through any such hyperlinked site or resource.

9. REPRESENTATIONS & WARRANTIES.

You represent and warrant that you: (i) have the full power and authority to enter into and perform under this Agreement; (ii) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party; and (iii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to Player1Games that: (i) there are no claims, demands or any form of litigation pending or, to the best of your knowledge, threatened with respect to any of your Submissions; (ii) Player1Games will not be required to make any payments to any third party in connection with its use of your Submissions, except for the expenses that Player1Games incurs in providing the Services; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Submissions will not cause injury to any third party; and (iv) your Submissions does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.

10. ACCESS “AS IS”

Your access to and use of the Site or any Player1Games or User Content is at your own risk. You understand and agree that the Site is provided to you on an "AS IS" and "AS AVAILABLE" basis.

Without limiting the foregoing, PLAYER1GAMES AND ITS AFFILIATES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY WARRANTIES, REPRESENTATIONS (OTHER THAN FRAUDULENT MISREPRESENTATION), GUARANTEES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED.

11. COOKIES.

The Site may use "cookies" to enhance your experience. Your web browser places cookies on its hard drive for record-keeping purposes and sometimes to track information about them. You may choose to set your web browser to refuse cookies, or to alert you when cookies are being sent. If you do so, note that some parts of the Site may not function properly.

12. LIMITATION OF LIABILITY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PLAYER1GAMES AND ITS EMPLOYEES, CONTRACTORS, AGENTS AND AFFILIATES, INCLUDING BUT NOT LIMITED TO ANY THIRD PARTIES RESPONSIBLE FOR THE CREATION, MAINTENANCE AND UPKEEP OF THE SITE, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PLAYER1GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM THE USE OF THIS SITE OR ANY COMPUTER VIRUSES ON YOUR COMPUTER OR ELECTRONIC DEVICES. IN NO EVENT SHALL PLAYER1GAMES’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

13. ALTERING OR INTERFERING WITH THE SITE.

You agree that you will not use any robot, spider, Web crawler, screen scraper, automated query program or other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our Web site without the prior expressed written permission of Player1Games or the appropriate third party.

14. INDEMNIFICATION.

You will indemnify and hold Player1Games and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any portion of this Agreement. If you have to indemnify Player1Games under this Section, Player1Games will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Player1Games's express written permission.

15. ASSIGNMENT.

Player1Games has the right, at its election, to assign this Agreement or any of its rights hereunder, or delegate any of its obligations hereunder in whole or in part, to any person, firm, or corporation. You will not have the right to assign or transfer any rights hereunder.

16. ARBITRATION.

If a dispute arises from or relates to this Agreement, your use of the Player1Games Site, Services, or Products, or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree that any such unresolved controversy or claim shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator, unless the claim amount exceeds one hundred thousand dollars ($100,000), in which case the dispute shall be heard by a panel of three (3) arbitrators. The place of arbitration shall be Los Angeles, California. The arbitration shall be governed by the laws of the State of California. The prevailing party shall be entitled to an award of reasonable attorney fees, if awarded by the arbitrator(s).

Notwithstanding the foregoing, if a third party claim is brought against either party for copyright infringement, violation of rights of publicity, rights of privacy, or other unauthorized use of content which is contrary to the rights granted in this Agreement, the parties shall not be bound by this arbitration provision and may defend themselves and make a claim against the other party in the appropriate court of law and/or equity.

In the event of a dispute arising out of this Agreement and not subject to the arbitration provision above, the prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys' fees.

17. GOVERNING LAW.

This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. The parties to this Agreement agree that any claim or dispute arising under this Agreement must be resolved by a court located in Los Angeles County, California, except as otherwise agreed by the parties or as described in the Arbitration provision above. The parties agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.

18. CONSENT AND CHANGES.

Your use of this Site shall be deemed express approval of all terms of this Agreement. If you do not consent to this Agreement or any of the above terms, please immediately exit and discontinue use of the Site. Player1Games has the discretion to update this Agreement at any time. In the event this Agreement is updated, we will also update the date set forth below. Please check this page regularly to keep informed of any such updates.

YOUR CONTINUED USE OF THE SITE SHALL BE DEEMED ACCEPTANCE OF THIS AGREEMENT AND ANY CHANGES THERETO.

19. NOTICES.Player1Games may give notice to its users by means of a general notice on this Site, electronic mail to a user’s e-mail address on its records, or by written communication sent by first class mail to a user’s address on its records.

20. MISCELLANEOUS.

This Agreement contains the entire agreement and understanding between the parties regarding the subject matter contained herein and supersedes and replaces all prior negotiations or proposed agreements, written or oral. The undersigned acknowledge that no other party, nor agent or attorney of any other party, has made any promise, representation or warranty whatsoever, express or implied, not contained herein, to induce the undersigned to execute this Agreement, and acknowledge that the undersigned have not executed this Agreement in reliance upon such promise, representation or warranty not contained herein. You may be subject to additional Agreement that may apply when you use affiliate services, third-party content or third-party software. Every provision herein is intended to be severable. In the event any term or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court of competent jurisdiction, such illegality or invalidity shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable.

21. CONTACT.

If you have any questions about this Agreement, the practices of Player1Games, or your dealings with this Site, please contact us at support@player1games.com.

Any rights not expressly granted herein are reserved.

*Agreement was last updated July 31, 2019