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Gametime Play Terms of Service Agreement

Last revised: September 1, 2020

Welcome to Gametime United, the mobile and web service of Gametime United, Inc. (“Gametime United,” “we,” or “us”). This page explains the terms by which you may use our games, mobile applications, mobile website, website and software provided on or in connection with the “GT Play” service collectively the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Service Agreement (“Agreement”) and to the collection and use of your information as set forth in the Gametime United Privacy Policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access the Service (“Users,” “you,” or “your”).

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION, BEFORE REGISTERING FOR AN ACCOUNT IN CONNECTION WITH THE SERVICE OR OTHERWISE ACCESSING AND USING THE SERVICE. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.  IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS AGREEMENT OR IF YOU CANNOT REMAIN IN COMPLIANCE WITH SUCH TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE AND SHOULD IMMEDIATELY CEASE SUCH ACCESS AND USE.  By registering for an account in connection with the Service or otherwise accessing and using the Service, you indicate that you understand and intend this Agreement to be the legal equivalent of a signed, written contract and equally binding, and you accept, without limitation or qualification, all terms and conditions of this Agreement. We may update or amend this Agreement from time to time by posting such updates or amendments to the Service and/or by providing you with notification of such changes by email. Your use of the Service after we post any such updates or amendments will constitute your agreement to those updates and/or amendments.  When we change the Agreement in a material manner, we will update the “last revised” date at the top of this page.  Your continued use of the Service after any such change constitutes your acceptance of updated/amended terms of this Agreement.  Your access and use of the Service is at all times subject to the then-current terms of this Agreement and all applicable laws and regulations, so you should review this page periodically.  If you do not agree to any of these terms or any subsequent updated/amended terms, do not use or access (or continue to access) the Service.

1. Use of Our Service

The Service provides a place for you to download and play games that relate to actions that occur in live sporting events.

A. Eligibility

You may use the Service only if you are at least 18 years of age, and can form a binding contract with Gametime United, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Gametime United.

B. Limited License to Gametime United Service

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, revocable, non-sublicensable, non-transferable license to use the Service for your personal, noncommercial use only [on your personal laptop, mobile device, or other compatible device], and as permitted by the features of the Service. Gametime United reserves all rights not expressly granted herein in the Service and the Gametime United Content (as defined below). Gametime United may terminate this license at any time for any reason or no reason without any liability to you or any third party.

C. Gametime United Accounts

You must register for an account in order to use the Service.  Your existing Gametime United account gives you access to the Service (including its features and functionality that we may establish, maintain, and revise from time to time, in our sole discretion By connecting to Gametime United with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

You may never use another User’s account. When creating your account, you must provide accurate and complete information.  You are solely responsible for maintaining the security and confidentiality of your account information, including your password.  You are solely responsible for the activity that occurs on your account, whether you have authorized such activity or not. You must notify Gametime United immediately of any breach of security or unauthorized use of your account. Gametime United will not be liable to you or any third party for any losses or damage caused by any unauthorized use of your account.

If you decide to provide Gametime United your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You agree that all agreements, notices, disclosures and other communications Gametime United provides to you electronically satisfy any legal requirement that such communications be in writing.  We may also use your email address to send you other messages, such as changes to features of the Service and special offers. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. 

D. Certain Restrictions Regarding Use of the Service

You specifically agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Gametime United servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose (in our sole judgment) an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

We may, but do not have the obligation to, update, change, or continue to maintain the Service (in whole or in part).  We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

You are solely responsible for your interactions with other Gametime United Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Gametime United shall have no liability for your interactions with other Users, or for any User’s action or inaction.

2. User Content

Some areas of the Service allow Users to post content such as profile information, comments, photos, videos and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service “User Content”). We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by sharing User Content through the Service, in addition to the license grant in Section 3 below, you agree to allow, and hereby grant others the non-exclusive, perpetual, royalty-free license to view, edit, and/or share your User Content in accordance with your settings and this Agreement. Gametime United has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.

You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), including the rights of publicity or privacy.   The lists of prohibited activities set forth above in Section 1.D, and in this Section 2 only serve to provide examples and is not meant to be exhaustive lists of the types of unacceptable uses of the Service that may result in the restriction, suspension, or termination of your use the Service. 

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, rights of privacy, trademark, trade dress and service mark rights (including associated goodwill), trade secret rights, database rights, and other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with your User Content, you affirm, represent, warrant, and covenant the following:

  1. You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
  2. You own or otherwise have all necessary rights in any and all User Content and Feedback that you provide to Gametime United (or otherwise use in connection) with the Service, and Gametime United’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe, misappropriate or otherwise violate any rights of any third party, including but not limited to any Intellectual Property Rights and contractual rights. Gametime United reserves the right, but is not obligated, to reject and/or remove any User Content that Gametime United believes, in its sole discretion, violates any of the provisions of this Agreement.
  3. Gametime United may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

Gametime United takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Gametime United shall not be liable for any damages you allege to incur as a result of User Content.

3. User Content License Grant

By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Gametime United a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Gametime United’s (and its successors’ and affiliates’) business, including without limitation for providing, promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.

4. Mobile Software

We make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. Gametime United does not warrant that the Mobile Software will be compatible with your mobile device. Gametime United hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Gametime United account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Gametime United may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Gametime United or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Gametime United reserves all rights not expressly granted under this Agreement. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies: the Mobile Software will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Gametime United Service.

5. Our Proprietary Rights; Feedback

Except for your User Content, the Service and all content, information, and other materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks (including GAMETIME, and GT PLAY), service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users, and all Intellectual Property Rights subsisting in or related to any and all of the foregoing (collectively, the “Gametime United Content”), are the sole and exclusive property of Gametime United and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works based on,  any Gametime United Content. Use of the Gametime United Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or we may invite you to submit comments, suggestions, or ideas about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Gametime United under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. Accordingly, any Feedback received through the Service, will be deemed to include a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license for Gametime United to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part), or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Feedback.  You further acknowledge that, by acceptance of your Feedback, Gametime United does not waive any rights to use similar or related ideas previously known to Gametime United, or developed by its employees, or obtained from sources other than you. 

 

6. Privacy

We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States and Canada.

7. Security

Gametime United uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes.  In addition, although we have endeavored to create a secure and reliable Service, the confidentiality of any communication or material transmitted to/through the Service over the Internet cannot be guaranteed.  Accordingly, Gametime United is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Service, or for the consequences of any reliance on such information.  Gametime United shall have no liability for interruptions or omissions in Internet, network or hosting services.  You assume the sole and complete risk of using this Service, and you specifically acknowledge that you provide your personal information at your own risk.

8. DMCA Notice

Since we respect artist and content owner rights, it is Gametime United’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Gametime United’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work that you claim has been infringed;
  3. Identification of the material that is claimed to be infringing and where it is located on the Service;
  4. Information reasonably sufficient to permit Gametime United to contact you, such as your address, telephone number, and, e-mail address;
  5. 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 law; and
  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Attn: DMCA Notice Gametime United, Inc.

Address: 130 Sutter Street Suite 200 San Francisco, CA 94104

Telephone: 888.970.3741

Email: feedback@gametime.co

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying Gametime United and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Gametime United’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, Gametime United has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Gametime United may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

9. Third-Party Links

The Service may contain links to third-party websites (which may, for example, contain information about products, services, special offers, activities, or other information), that are not owned or controlled by Gametime United. Gametime United does not endorse or assume any responsibility for any such third-party sites, information, materials, products, services, or activities. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and Gametime United’s Privacy Policy do not apply to your use of such sites. Gametime expressly disclaims any and all responsibility and liability arising from your use of any third-party website, service, or content, and you specifically agree not to seek any remedies or other recourse from Gametime United in connection with your access/use of such third-party sites.  Without limiting the foregoing, Gametime Unites specifically disclaims any responsibility if such third-party sites: infringe any intellectual property rights; contain inaccurate, incomplete or misleading information; do not provide adequate security; contain viruses or other items of a destructive nature; are libelous or defamatory.

10. Indemnity

You agree to defend, indemnify and hold Gametime United and its subsidiaries, agents, licensors, managers, and other affiliated companies, and its/their respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, judgments, settlements, awards, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or related to: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any other information or content that is submitted via your account including without limitation misleading, false or inaccurate information; (vi) negligent or willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code. In connection with the foregoing indemnification obligations, you agree not to settle, compromise, or offer to settle or compromise any such claim or demand without Gametime United’s prior written consent (which shall not be unreasonably withheld).

11. No Warranty

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, GAMETIME UNITED, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GAMETIME UNITED, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL GAMETIME UNITED BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GAMETIME UNITED ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL GAMETIME UNITED, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO GAMETIME UNITED HEREUNDER OR $100.00, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GAMETIME UNITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

The Service is controlled and operated from facilities in the United States. Gametime United makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States and Canada.

13. Governing Law and Arbitration.

A. Governing Law

You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Gametime United, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other Intellectual Property Rights, as set forth in the Arbitration provision below.

B. Arbitration

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM GAMETIME UNITED. In the unlikely event that Gametime United has not been able to resolve a dispute it has with you after 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any Gametime United claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Service, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in Santa Clara County, California, unless you and Gametime United agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Gametime United from seeking injunctive or other equitable relief from the courts as necessary to protect any of Gametime United’s proprietary interests (including in the Gametime United Content, and other Intellectual Property Rights of Gametime United). ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS TERMS OF SERVICE, YOU AND GAMETIME UNITED ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

14. General

A. Assignment

This Agreement, and any rights and licenses granted hereunder are personal to you, any may not be transferred or assigned by you, but may be assigned by Gametime United without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

B. Notification Procedures

Gametime United may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Gametime United in our sole discretion. Gametime United reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Gametime United is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

C. Entire Agreement/Severability

This Agreement, together with any amendments and any additional agreements you may enter into with Gametime United in connection with the Service, shall constitute the entire agreement between you and Gametime United concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement as set forth in Section 17.B shall be unenforceable.

D. No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Gametime United’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

E. Entire Agreement/Reservation of Rights.

This Agreement and Gametime United’s Privacy Policy represent the entire agreement between you and Gametime United with respect to your access to or use of the Service, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Sustainable Snacks with respect to same.  Any rights not expressly granted under this Agreement are reserved. 

F. Headings; Interpretation

 The headings and subheadings in this Agreement are included for convenience and identification only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement or any provision hereof.  All references to Sections shall be deemed references to Sections of this Agreement, except as otherwise provided.  As used herein, the singular includes the plural, the plural includes the singular, and words in one gender include the other.  As used herein, the terms “herein,” “hereunder,” and “hereof” refer to the whole of this Agreement, the terms “include,” “includes,” or “including” shall be deemed to be followed by the words “without limitation,” and “or” is disjunctive but not necessarily exclusive.  Section headings are for reference purposes only and are not intended to create substantive rights or obligations.  Any rule of construction or interpretation otherwise requiring this Agreement to be construed or interpreted against any party by virtue of the authorship of this Agreement shall not apply to the construction and interpretation of this Agreement.  Any ambiguities will be clarified in an equitable manner without regard to authorship and minor errors and misspellings will be corrected to give maximum effect to obvious intent. 

 

G. Contact

Please contact us at feedback@gametime.co with any questions regarding this Agreement.

THIS TERMS OF SERVICE AGREEMENT FOR THE SERVICE IS EFFECTIVE SEPTEMBER 1, 2020