Terms of service.
Terms and Conditions of Use
Welcome to GameKnight!
We, Game Knight, Inc. (“We,” “Us,” “Our,” or the “Company”), are a games developer offering players a variety of digital products and services with an emphasis on fun! We are glad to have you join the fun! But, before you can play, you have to agree to all the terms that govern our relationship with you. If you do not read these terms and agree to them, you may not play Our games or even access any of Our products or services. Please read this Terms and Conditions of Use very carefully.
Our website at www.gameknight.com and any other authorized websites (individually or collectively, the “Website” or “Site”), is hosted in the United States. Our games and other products and services may be offered through mobile applications, various proprietary application program interfaces, and platforms (including any of the foregoing as owned, operated, or hosted by Our service providers, partners, or affiliates) (all of the foregoing, including the Website, are, collectively, the “Platforms”). These Terms and Conditions of Use (the “Terms of Use,” “Terms and Conditions,” or “Agreement”) apply to any and all visitors to, and players or users of this Site and of Our Platforms to the extent we control, host, or operate the Platforms (hereinafter referred to as “User” or “You” or “Player”). These Terms of Use include the Privacy Policy, of which are part of and incorporated in these Terms of Use by this reference.
Our Platforms, and the gaming products and services We offer grew out of Our desire to provide Our Players with the most exciting online gaming experience possible by linking online gaming with the thrill of real money wagering and winnings. While Our games are fun and exciting without the real money element, if You want to add the excitement of putting real money on the online to possibly walk away with real winnings, We encourage You to give it a shot, but only where allowed by law. As of the date of these Terms of Use, real money gameplay with any of Our games can be done only by residents of the following states: AL, CA, CO, DE, FL, KS, MI, MT, NB, ND, NH, NM, OH, OK, OR, RI, SD, TN, VT, WI, WV, WY.
IF YOU CHOOSE TO TAKE ADVANTAGE OF OUR REAL MONEY GAMES, PLEASE REALIZE THAT WE ARE NOT A CASINO OR A BANK, AND WE ARE NOT RESPONSIBLE FOR YOUR WAGERING DECISIONS MADE IN CONNECTION WITH ANY OF OUR GAMES OR PLATFORMS OR FOR ANY MONEY YOU WIN OR LOSE. YOU MAY LOSE MONEY PLAYING GAMES INVOLVING REAL MONEY. WE OFFER YOU A GAMING EXPERIENCE, AND WHEN UTILIZING REAL MONEY, THE OUTCOMES ARE SUPPORTED AND POWERED BY THE RESULTS OF HORSE RACES, AS DETERMINED BY YOUR WAGERS AND BY PROPRIETARY ALGORITHMS USED BY OUR SERVICES PROVIDERS, INCLUDING B SPOT, TO GENERATE WAGERS ON SELECTED HORSE RACES, AND NOT BY ANYTHING THAT WE DO AND NOT BASED ON YOUR GAMEPLAY SKILL. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR OWN WAGERING DECISIONS IN CONNECTION WITH USING OUR GAMES AND PLATFORMS TO PLACE YOUR HORSE RACING WAGERS, AND THAT WE ARE NOT RESPONSIBLE FOR ANY OF YOUR MONETARY LOSSES OR WINS OR FOR ANY OF YOUR WAGERING DECISIONS.
YOUR ACCESS TO AND USE OF OUR PLATFORMS (INCLUDING THE WEBSITE), AS WELL AS ALL OUR MATERIALS, INFORMATION, AND CONTENT OF ANY KIND, ARE CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS OF USE. BY USING OUR PLATFORMS OR PLAYING ANY OF OUR GAMES OR USING ANY OF OUR PRODUCTS, SERVICES, OR MATERIALS, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. PLEASE READ THESE TERMS OF USE VERY CAREFULLY. THEY INCLUDE IMPORTANT INFORMATION REGARDING YOUR RIGHTS, YOUR AGREEMENT TO ARBITRATION, AND OTHER IMPORTANT TERMS AFFECTING YOUR RIGHTS. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT ACCESS OR USE OUR PLATFORMS (INCLUDING THIS SITE) OR USE OR PLAY ANY OF OUR PRODUCTS, SERVICES, CONTENT, OR MATERIALS.
Acceptance of Terms – You Are Bound By These Terms of Use
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR GAMES OR PLATFORMS (INCLUDING OUR SITE), YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE AND TO BE BOUND BY THESE TERMS OF USE, INCLUDING TO ALL DOCUMENTS THAT COMPRISE THESE TERMS OF USE (INCLUDING OUR PRIVACY POLICY).
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS SET FORTH HERE (AND IN ALL RELATED DOCUMENTS), AND/OR DO NOT WISH TO BOUND BY THEM, YOU MAY NOT ACCESS OR USE THE OUR PLATFORMS (INCLUDING THE WEBSITE) OR ANY OF OUR GAMES, PRODUCTS, SERVICES, OR OTHER MATERIALS, AND YOU MUST DISCONTINUE USE OF ALL OF THEM IMMEDIATELY.
TO FURTHER SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT, WHEN YOU CREATE AN ACCOUNT OR WHEN YOU PLAY A GAME, YOU MUST CHECK THE “ACCEPT & PLAY” CHOICE INDICATING THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, INCLUDING THE PRIVACY POLICY. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF USE, INCLUDING ALL RELATED DOCUMENTS, DO NOT PLAY ANY OF OUR GAMES OR USE ANY OF OUR PRODUCTS OR SERVICES, AND DO NOT TAP THE BUTTON INDICATING THAT YOU ACCEPT THE TERMS OF USE. IF YOU DO NOT AGREE, YOU MUST DISCONTINUE ANY FURTHER USE OR ACCESS OF OUR PLATFORMS (INCLUDING THE WEBSITE) AND/OR ANY OF OUR PRODUCTS OR SERVICES.
Some features and activities offered through Our Platforms may be subject to additional terms and conditions, which are incorporated into these Terms of Use by this reference. TO THE EXTENT YOU ACCESS OR PARTICIPATE OR ENGAGE IN ANY OF THOSE FEATURES OR ACTIVITIES, YOU UNDERSTAND THAT YOU MUST AGREE TO THOSE ADDITIONAL TERMS AND CONDITIONS OR YOU MAY NOT ACCESS OR PARTICIPATE OR ENGAGE IN SUCH FEATURES OR ACTIVITIES.
SO LONG AS YOU CONTINUE TO ACCESS OR USE OUR GAMES OR OUR PLATFORMS (INCLUDING THE WEBSITE), THE COMPANY RESERVES THE RIGHT, AT OUR DISCRETION, TO CHANGE, ADD, REMOVE OR OTHERWISE TO MODIFY PORTIONS OF THESE TERMS OF USE (INCLUDING ALL RELATED DOCUMENTS, SUCH AS THE PRIVACY POLICY) AT ANY TIME. PLEASE CHECK THESE TERMS OF USE AND THE PRIVACY POLICY (AND ANY RELATED DOCUMENTS REFERENCED) PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF OUR GAMES, OUR PLATFORMS, OR ANY OF OUR PRODUCTS OR SERVICES) FOLLOWING THE POSTING OF ANY SUCH CHANGES SIGNIFIES YOUR AGREEMENT TO BE BOUND BY THEM.
Please realize that all products or services offered or accessible through Our Platforms, Your access and use of Our Platforms and any materials You obtain through any part of it, and Your conduct on Our Platforms all are governed by these Terms of Use. Also, unless explicitly stated otherwise, any new features, products, or services that change, augment, or enhance the current products or services offered by or through Our Platforms shall be subject to and governed by these Terms of Use. Additionally, note that the use of certain materials or the conduct of certain transactions on Our Platforms may be subject to additional terms and conditions that will be made available to Users prior to their using such material or completing such transactions. Unless otherwise stated in any such additional terms and conditions applicable to any of those transactions in which You choose to participate or any materials You wish to use, such additional terms and conditions hereby are incorporated here into this Agreement as though set forth in full. In the event of any conflict between this Agreement and any license agreement or other specific agreement that You enter into with the Company in connection with any transactions or conduct on this Website, the license agreement or other specific agreement will control as to the conflicting terms.
PLEASE ALSO NOTE THAT ONLY PERSONS AGED EIGHTEEN (18) YEARS OR OVER MAY AGREE TO THESE TERMS OF USE. FOR ALL OF OUR REAL MONEY GAMES, YOU MUST BE TWENTY-ONE (21) YEARS OF AGE TO PLAY. PERSONS YOUNGER THAN EIGHTEEN YEARS OF AGE MAY NOT ACCESS OR USE OUR PLATFORMS, GAMES, OR ANY OTHER PRODUCTS AND SERVICES OFFERED THROUGH OUR PLATFORMS. BY USING OUR PLATFORMS (INCLUDING THE WEBSITE), YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD OR OLDER, AND, IF YOU CHOOSE TO PLAY A GAME WITH REAL MONEY/WAGERING, THAT YOU ARE AT LEAST 21 YEARS OF AGE OR OLDER, AND THAT YOU AGREE TO ACCEPT THESE TERMS OF USE (INCLUDING ALL RELATED DOCUMENTS).
Registration/Sign-Up Obligations for Becoming a Member
To access and utilize certain features, or products and services through Our Platforms, including playing any games or making any purchases, Users may be required to register (“Sign Up”) with us and/or 3rd party service providers to become members (“Members”), which will require You to provide certain information about Yourself. If You Sign Up as a Member of Our Platforms, You agree to provide Us with true, accurate, current and complete information about Yourself as requested by Us (“Registration/Sign Up Information”). The Registration/Sign Up Information may include name, e-mail address, shipping address, billing address, birthdate, phone number, and other personal information about You, such as Your gaming experience, Your favorite games, Your horse racing experience, Your hobbies, and/or other information about You.
By becoming a Member, You further agree as follows:
To refrain from impersonating or falsely representing Your affiliation with any person or entity;
To maintain and update the Registration/Sign Up Information;
To maintain a valid e-mail address at all times and to promptly notify Us in writing of any changes to your e-mail;
To access the Platforms using only the login information, including password, associated with Your account;
To be responsible for maintaining the confidentiality of Your account and password and any and all consequences of use or misuse of Your account and password.
All personal information that You provide to Us or that We otherwise collect from You, including the Registration/Sign Up Information, is collected, used, retained, and/or stored subject and pursuant to Our Privacy Policy. For more information regarding Our collection, use, and retention of the Registration/Sign Up Information and other personal information You may provide to Us, please read this Website’s Privacy Policy.
While playing any of Our games or using or accessing any of Our other features, products, or services, You may be transferred to other sites or platforms operated by Our services providers or affiliates where You may have to provide personal information to such service providers or affiliates. When that happens, You will have an opportunity to review and agree to the privacy policies of the service providers or affiliates.
III. Eligibility, Password, and Availability of Products and Services
Use of Our Platforms, and any features, products, or services, including real money wagering, is void where prohibited.
BY USING OUR PLATFORMS, AND ANY FEATURES, PRODUCTS, OR SERVICES, YOU REPRESENT AND WARRANT THAT (i) ALL REGISTRATION/SIGN UP INFORMATION YOU SUBMIT IS TRUTHFUL AND ACCURATE; (ii) YOU WILL MAINTAIN THE ACCURACY OF ALL SUCH INFORMATION; (iii) YOU ARE 18 YEARS OF AGE OR OLDER, OR, TO THE EXTENT YOU PLAY ANY REAL MONEY GAMES, YOU ARE 21 YEARS OF AGE OR OLDER; (iv) YOU ARE NOT CURRENTLY RESTRICTED FROM USING THE PLATFORMS, OR NOT OTHERWISE PROHIBITED FROM HAVING AN ACCOUNT WITH US; (v) YOU ARE NOT A COMPETITOR OF THE COMPANY OR ENGAGED IN ANY BUSINESS THAT, DIRECTLY OR INDIRECTLY, COULD BE CONSIDERED COMPETITIVE WITH THE BUSINESS OF THE COMPANY, AND YOU ARE NOT USING THE PLATFORMS FOR ANY REASON THAT MAY BE IN COMPETITION WITH THE COMPANY OR SITE OR ANY OTHER PRODUCT AND SERVICES OFFERED BY THE COMPANY; (vi) YOU HAVE THE FULL RIGHT, POWER, AND AUTHORITY TO ENTER INTO AND PERFORM THESE TERMS OF USE, AND DOING SO WILL NOT VIOLATE ANY OTHER AGREEMENT TO WHICH YOU ARE A PARTY; (vii) YOUR USE OF THE ANY OF OUR GAMES, OR OTHER PRODUCTS OR SERVICES DOES NOT VIOLATE ANY APPLICABLE LAWS OR REGULATIONS; AND (viii) YOU AGREE TO PROVIDE, OPERATE, AND MAINTAIN, AT (AS BETWEEN YOU AND US) YOUR SOLE COST, EXPENSE, AND RISK, ANY AND ALL EQUIPMENT, SOFTWARE, APPLICATIONS, AND INTERNET ACCESS REQUIRED OR NECESSARY TO USE OUR PLATFORMS, AND OUR PRODUCTS OR SERVICES.
When You Sign Up as a Member and create Your account, You will be asked to choose a password. You are solely and entirely responsible for maintaining the confidentiality of Your password and for any and all use of Your account. You agree to log off Your account at the end of each session so that no one else can gain access to the Platforms, any games, products, services, or features through Your account. You agree not to use the account, username, or password of another Member or User at any time or to disclose Your password to any other person or entity. You agree to notify Us immediately if You suspect that there has been any unauthorized use of Your account or access to Your password or if You believe the confidentiality of Your password has been compromised in any manner.
Upon the submission of Your Registration/Sign Up Information and the completion of the registration process, subject to the provisions of this Agreement, You will be able to access and use certain of Our Platform’s products, services, and features, including that You will have access to Our games, sweepstakes opportunities, promotions, redemption of prizes, and other products, services, and features.
In the future, We may offer different types of paid or unpaid subscription features, products, or services or membership packages that allow You to utilize additional or different games, features, products, or services than what is currently offered. In the event such new or different games, features, products, services, or packages become available on or through Our Platforms, We will notify You of the any additional terms and conditions through Our Platforms (including on the Website), and We likely will reference them in these Terms of Use, as well. Please continue to check back here and elsewhere on Our Platforms for more information.
WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT OUR PLATFORMS (INCLUDING OUR WEBSITE) ARE AVAILABLE AT ALL TIMES, WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT OUR PLATFORMS, GAMES, OR ANY OTHER PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE DO NOT GUARANTEE THAT USERS AND/OR MEMBERS WILL BE ABLE TO ACCESS OR USE ALL OF OUR PLATFORM’S FEATURES AND PRODUCTS AND SERVICES AT ALL TIMES. ALSO, TO THE EXTENT YOU ARE PERMITTED TO UPLOAD ANY CONTENT OR INFORMATION, WE DO NOT GUARANTEE OR WARRANT THAT ANY CONTENT THAT YOU MAY HAVE UPLOADED OR OTHERWISE USED IN CONNECTION WITH YOUR ACCOUNT OR OTHERWISE WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION, OR DESTRUCTION. YOU ARE RESPONSIBLE FOR BACKING UP AND SAVING YOUR OWN CONTENT. IF ANY DATA THAT IS SENT TO OR STORED ON OUR PLATFORMS (INCLUDING ON OUR WEBSITE) IS LOST OR CORRUPTED IN ANY WAY, WE HAVE NO OBLIGATION OR LIABILITY TO YOU. WE ASSUME NO RESPONSIBILITY IF OUR PLATFORMS OR ANY OF OUR PRODUCTS OR SERVICES BECOME UNAVAILABLE FOR ANY REASON OR FAIL TO MEET YOUR REQUIREMENTS, OR IF ANY FEATURES, PRODUCTS, OR SERVICES PROVIDE INACCURATE OR UNTIMELY INFORMATION OR OTHER CONTENT. OUR PLATFORMS (INCLUDING THE WEBSITE) MAY CONTAIN TECHNICAL OR OTHER MISTAKES OR INACCURACIES, AS WELL AS TYPOGRAPHICAL ERRORS.
IV. Children Under the Age of 18; Over 21 For Real Money Games
Persons under the age of eighteen (18) are not eligible to use or access Our Platforms or play or access any of Our games or other products or services, and We ask that minors and children do not Sign Up, submit any personal or confidential information to Us, or otherwise access or use Our Platforms or any of Our games, products, or services.
For any of Our real money games, You must be 21 years old or older. If you are under 21 years of age, You are not eligible to play any of Our real money games.
IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT BECOME A REGISTERED USER OR MEMBER OF OUR PLATFORMS (INCLUDING OUR WEBSITE), AND YOU MAY NOT VISIT ANY OF OUR PAGES, OR ACCESS OR USE ANY OF FEATURES, INCLUDING PLAYING ANY OF OUR GAMES.. IN ADDITION, PLEASE NOTE THAT ONLY PERSONS AGED 18 YEARS OR OVER MAY AGREE TO THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY AND ANY OTHER REFERENCED DOCUMENTS. PERSONS YOUNGER THAN 18 YEARS OF AGE MAY NOT ACCESS OR USE OUR PLATFORM OR ANY OF THE GOODS OR SERVICES OFFERED BY US THROUGH THE PLATFORMS. IF YOU UNDER THE AGE OF 21, YOU MAY NOT PLAY ANY OF OUR REAL MONEY GAMES, AND YOU MAY NOT PLACE ANY WAGERS. By accessing or using any of Our Platforms unsupervised and/or registering for an account, You warrant that You are eighteen (18) years of age or older, and by playing any of Our real money games, You warrant that You are twenty-one (21) years of age or older.
Our Products and Services: Wagering (Real Money); Games (Whether or Not Real Money); Promotions (Including Sweepstakes and Contests)
The various products and services offered by Us consist of a variety of games and mobile experiences, and may include games that incorporate or are based on real money advance deposit wagering, as well as sweepstakes, content, an online store, and a variety of other related features and activities, and includes all of the foregoing that are available or accessible through Our Platforms and/or accessible through platforms owned, operated, or hosted by Our service providers, partners, or affiliates (the “Products” and/or the “Services”)
See below for more about Products and Services. Also, to learn more about them and Our Platforms, see website.
Wagering (Real Money).
When real money is involved in any of Our games, the wagers You make are placed on real world horse races in places where betting on horseracing is permitted. The results of the horse races determine the Player earnings.
Currently, all real money gameplay via Our Platforms is operated by Our service provider, b spot, who provides advance wagering services. The results of the wagers that You place are revealed to You as You play certain on-line or mobile games. The wagers You make are combined and merged by b spot with all other wagers in commingled, pari-mutuel pools. Using its proprietary algorithms, b spot generates a mix of wagers on live horse races on Your behalf totaling the amount You have chosen to bet, and Your results are revealed through Your gameplay. Each time You play a game, the result is determined by your bets on live horse races. You have the fun of online racing wagers combined and linked to video games. The best of both worlds!
When You play any of Our real money games, You will be interacting directly with b spot. You understand that, before playing any of Our real money games, You must agree to b spot’s Terms of Use and any other agreements that b spot requires. To learn more about the real money game play and b spot’s proprietary wagering services, see b spot’s Terms of Use.
YOU UNDERSTAND AND ACKNOWLEDGE THAT THE WINNINGS OR LOSSES THAT ARE REVEALED TO YOU THROUGH PLAYING ANY OF OUR GAMES ARE DETERMINED SOLELY BY THE RESULTS OF THE PARI-MUTUEL WAGERS THAT WERE PLACED ON HORSE RACES ON YOUR BEHALF, THAT NEITHER WE NOR B SPORT IS RESPONSIBLE FOR THE AMOUNTS OF MONEY YOU WIN OR LOSE, AND THAT YOUR GAMING SKILLS AND OTHER GAME MECHANICS HAVE NO BEARING ON, AND DO NOT IN ANY WAY, AFFECT, THE AMOUNTS OF MONEY YOU WIN OR LOSE. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE GAMES ARE JUST AN ENTERTAINING WAY TO LEARN AND SEE DISPLAYED THE RESULTS OF YOUR WAGERS.
Games (Whether or Not Real Money).
Our Games offered through Our Platforms may have rules specific to those games and/or additional terms and conditions that apply to those particular games. You must familiarize Yourself with any such rules or any applicable additional terms and conditions. By choosing to take part in any promotion, You will have to agree that You have read, understood, and agreed to the additional terms and conditions applicable to that particular promotion.
There is never any requirement to make any purchase of any kind to use Our Products or Services, including Our games. While there are real money opportunities, there also are opportunities to participate without having to use real money. Our Services may include opportunities to earn or purchase virtual, in-game currency.
Promotions (Including Sweepstakes and Contests).
All promotions, including sweepstakes, contests, special offers, and bonuses, are subject to these Terms of Use, as well as additional terms and conditions that will explain the specific rules and eligibility. In the event of any conflict between these Terms of Use any promotion-specific terms and conditions, the promotion-specific terms and conditions will prevail.
At all times, We reserve the right to withdraw or modify any promotions without prior notice to You.
If We determine, in Our reasonable judgment, that any Member is abusing any promotion, We may withhold, deny, or cancel any advantage, bonus, or prize as We see fit.
No purchases are required for entries in any of Our sweepstakes. Players will be able to earn entries by engaging with certain applications or games or by completing certain tasks, such as, for example, viewing certain content. The additional terms and conditions applicable to any particular sweepstakes will set forth in more details the specific rules and the ways to enter.
Some of Our promotions, including sweepstakes, may award gift cards worth real money. When You choose to redeem any prizes for gift cards or otherwise in connection with any of Our promotions, including sweepstakes, You will be required to interact directly with Our prize fulfillment partner, Monetizr. You will be required to agree to Monetizr’s terms of use and privacy policy. Any gift cards or other prizes will be delivered to You through e-mail or whatever method or means allowed by Monetizr.
VI. Ownership and Other Proprietary Rights In and To Our Content
Our Platforms, including Our Products and Services, include content, information, materials, data, and certain features, including, without limitation, text, graphics, images, logos, designs, audiovisual content, audio or video clips, digital downloads, data compilations, software, technology (and the design, selection, and arrangement of all of the foregoing), and other content or materials used by Us in connection with Our Platforms, Our business, and the provision of Our Products and Services, including, without limitation, Our games and promotions (collectively, the “Content”). The copyrights, patents, trademarks, trade secrets, and all other rights of any kind in and to such text, graphics, images, logos, designs, audiovisual content, audio or video clips, digital downloads, data compilations, software, technology, and other Content (collectively, the “Intellectual Property”) are the property of the Company or the Company’s Content suppliers or licensors, and are protected by the laws of the United States, including, among others, U.S. copyright and trademark laws, and, where applicable, similar laws of other countries and jurisdictions and/or international treaties. Similarly, the compilation of Content (and all associated Intellectual Property) of any of Our Platforms (including the Website) is the property of the Company, and is protected by the laws of the United States, including, among others, U.S. copyright and trademark laws, and, where applicable, laws of other countries and jurisdictions and/or international treaties.
Certain logos, marks, designations, brands, or other indicia of source set forth on the Platforms (including on Our Website) are the registered or unregistered trademarks of the Company in the United States. The look and feel of the Platforms (including Our Site), including, without limitation, page headers, graphics, button icons, and scripts, constitute service marks, trademarks, and/or trade dress of the Company. All other trademarks, logos, or other elements of Our Platforms that are not owned by the Company that appear on any of Our Platforms are the property of their respective owners, who may or may not be affiliated with or connected to Us. Except as otherwise explicitly provided within this Agreement or in any applicable license agreement that You enter into on or in connection with the Platforms, nothing contained in any of the Platforms (including on the Website) shall be construed as granting any license or right to You under any trademark, copyright, patent, or other intellectual property right of the Company or any third party. You may not use for any purpose, including as a link to any Platforms, including this Website, any name (including a product or service name, metatags or any other “hidden text” utilizing the term “GameKnight” or utilizing any other names, terms, or titles of any Our games ), proprietary graphic, trademark, or service mark of the Company without Our prior written consent. Likewise, You may not use any elements of the look and feel of Our Platforms (including of this Website and any of Our games), including, without limitation, page headers, graphics, button icons or scripts, without Our prior written consent.
All Intellectual Property, including Content, that is shared with You by Us, whether through any of Our Platforms or through or in connection with Our Products and Services, is Our proprietary and is protected by all applicable laws, including, among others, copyright and trademark laws and other laws protecting intellectual property and other proprietary information or content of any kind. In addition to Our intellectual property rights in and to such Intellectual Property, which You would infringe were You to use, copy, post, display, or commercially exploit such Intellectual Property, including all Content, without Our express authorization, You also understand, acknowledge, and agree that such Intellectual Property is provided to You pursuant to a Limited License (defined below) pursuant to Section VIII.B for educational and informational purposes only and is to be used only by You and only for Your own personal use.
Moreover, We may provide certain proprietary and confidential Content or other Intellectual Property to You on a confidential basis (“Confidential Information”). We will designate such Confidential Information as “confidential,” or the confidential status of such Confidential Information shall be reasonably clear based upon the Content, itself, and/or the circumstances under which the Confidential Information is provided to You. To the extent We provide You with any Confidential Information, such Confidential Information is to be maintained in confidentiality by You. Such confidentiality obligations do not apply, however, to content that (a) has entered the public domain through no action or failure to act of You; (b) prior to disclosure by Us through the Platforms or Our Products and Services, was already lawfully in Your possession without any obligation of confidentiality; (c) subsequent to disclosure by Us through the Platforms or Our Products and Services, is obtained by You lawfully on a non-confidential basis from a third party who has the right to disclose such information to You without compliance with these confidentiality obligations; or (d) is independently developed by You without reference to any of Our Confidential Information.
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT, IN KEEPING CONFIDENTIAL OUR PROPRIETARY CONFIDENTIAL INFORMATION, (i) YOU WILL NOT USE OR SHARE SUCH CONFIDENTIAL INFORMATION FOR YOUR OWN COMMERCIAL PURPOSES, (ii) YOU WILL USE THE SAME DEGREE OF CARE (AND IN NO EVENT LESS THAN REASONABLE CARE) IN PROTECTING THE CONFIDENTIAL NATURE OF THE CONFIDENTIAL INFORMATION THAT YOU WOULD USE TO PROTECT YOUR OWN CONFIDENTIAL AND PROPRIETARY INFORMATION AND CONTENT THAT YOU WOULD USE FOR YOUR OWN BUSINESS; (iii) YOU WILL NOT USE, COPY, PUBLISH, SHOW, OR DISCLOSE THE CONFIDENTIAL INFORMATION TO ANY THIRD PARTIES WITHOUT OUR PRIOR WRITTEN CONSENT; AND (iv) YOUR USE AND ACCESS TO THE CONFIDENTIAL INFORMATION IS GRANTED VIA A LIMITED LICENSE PURSUANT TO SECTION IX.B. (LIMITED LICENSE TO USE CONTENT), BELOW, AND IS GOVERNED BY THESE TERMS OF USE.
YOU UNDERSTAND AND ACKNOWLEDGE THAT DAMAGES ALONE WOULD NOT BE AN ADEQUATE REMEDY FOR THE BREACHES OF THESE PROVISIONS REGARDING OUR CONFIDENTIAL INFORMATION OR OUR INTELLECTUAL PROPERTY OR FOR ANY INFRINGEMENTS THEREOF. OUR INTELLECTUAL PROPERTY AND CONFIDENTIAL INFORMATION ARE PARTICULARLY VALUABLE AS THE HEART OF OUR BUSINESS AND INFRINGING OR USING OUR INTELLECTUAL PROPERTY OR CONFIDENTIAL INFORMATION IN VIOLATION OF THESE PROVISIONS WOULD RESULT IN LOSSES AND INJURIES FOR WHICH DAMAGES ALONE WOULD BE DIFFICULT TO ASCERTAIN AND WOULD NOT BE AN ADEQUATE OR COMPLETE REMEDY. ACCORDINGLY, WITHOUT PREJUDICE TO ANY OTHER RIGHTS WE MAY HAVE AND REMEDIES AVAILABLE TO US IN CONNECTION WITH YOUR BREACHES OR INFRINGEMENTS OF OUR INTELLECTUAL PROPERTY OR CONFIDENTIAL INFORMATION, YOU ACKNOWLEDGE AND AGREE THAT WE SHALL BE ENTITLED TO THE GRANTING OF EQUITABLE RELIEF (INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF) FOR ANY THREATENED OR ACTUAL INFRINGEMENT OR BREACH OF THESE PROVISIONS RELATED TO OUR INTELLECTUAL PROPERTY OR CONFIDENTIAL INFORMATION.
IX. Watermarking/Digital Rights Management; Limited License To Use Content; Accuracy of Descriptions of Products and Services
A. Limited License To Use Content
Unless there is an agreement in writing with Us explicitly stating otherwise or as otherwise expressly provided on any of the Platforms, We grant You only a limited, non-exclusive, revocable, non-sublicensable right and license (the “Limited License”) to download, access, and to display portions of the Content and to use the other Intellectual Property (excluding any software code) from Our Platforms solely for Your personal, non-commercial use in connection with viewing Our Platforms (including the Website) and using Our games and other Products and Services.
This Limited License is granted to You subject OF THIS LIMITED LICENSE SHALL BE DEEMED BREACHES OF THIS TERMS OF USE THAT SHALL ENTITLE US TO CANCEL YOUR MEMBERSHIP AND/OR CUT-OFF YOUR ACCESS TO THE WEBSITE AND/OR TO OUR OTHER CONTENT OR MATERIALS, AND SHALL NOT ENTITLE YOU TO ANY REFUND OF ANY AMOUNT FOR PAYMENTS YOU HAVE MADE TO US REGARDLESS OF WHEN SUCH PAYMENTS WERE MADE AND REGARDLESS OF HOW MUCH OR LITTLE ACCESS TO OUR CONTENT OR OTHER MATERIALS YOU HAVE HAD.
You understand and acknowledge that Your use of Our Content in violation of this limited license, in addition to violating these Terms of Use, also may be a violation of copyright and trade secret laws, as well as laws against unfair competition and other applicable laws. Our right to cancel Your Membership and/or cut-off Your access upon Your violation of the confidentiality obligations or of the Limited License are in addition to any other rights or remedies otherwise available to Us in law or equity for Your violations of any applicable laws or these Terms of Use.
In accordance with these Terms of Use, You are not permitted to download any Content, material, or Intellectual Property that You do not own or have not purchased (including, without limitation, software, text, graphics, or other Content), and, in addition, to the extent You have been granted the right to download any material or Content, You may print only single copies of pages as necessary to access and use the Platforms or Our Products and Services for personal, non-commercial use, provided that all downloaded material or Content shall retain all copyright, trademark, and/or other proprietary notices in the same form and in the same manner as such notices appear on the material or on the Platforms.
You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce to a human-readable form any software that You are permitted to download from the Platforms, except as may be permitted by law.
EXCEPT ONLY AS EXPRESSLY PROVIDED WITHIN THIS AGREEMENT OR ELSEWHERE ON THE PLATFORMS, THE PLATFORMS (OR ANY DERIVATIVE WORK BASED ON THEM), THE CONTENT, AND/OR ANY OTHER MATERIALS THAT ARE ACCESSIBLE THROUGH THE PLATFORMS OR THE PRODUCTS AND SERVICES MAY NOT IN ANY FORM OR BY ANY MEANS NOW KNOWN OR HEREAFTER DEVELOPED OR CREATED BE USED, REPRODUCED, DISPLAYED, DOWNLOADED, UPLOADED, PUBLISHED, REPURPOSED, POSTED, DISTRIBUTED, TRANSMITTED, RESOLD, OR OTHERWISE EXPLOITED FOR ANY COMMERCIAL PURPOSE BY YOU (OR WITH YOUR ASSISTANCE) WITHOUT OUR PRIOR EXPRESS WRITTEN CONSENT. EXCEPT ONLY AS EXPRESSLY PROVIDED WITHIN THIS AGREEMENT OR ELSEWHERE ON THE PLATFORMS, YOU MAY NOT OTHERWISE USE, REPRODUCE, MODIFY, DISTRIBUTE, TRANSMIT, POST, OR PUBLISH ANY CONTENT OR MATERIAL THAT YOU OBTAINED ON OR THROUGH THE PLATFORMS OR ANY OF OUR PRODUCTS AND SERVICES WITHOUT OUR PRIOR WRITTEN CONSENT.
All rights not expressly granted to You herein and/or within the Platforms, including as to ownership and title, are reserved for the Company (or other owner) and are not transferred or licensed to You.
C. Accuracy of Descriptions of Products and Services
We do not absolutely guarantee the accuracy at all times of the descriptions of Our Products and Services (including Our games) on the Platform, images of Products and Services (including games), pricing, promotions, availability or other information or Content regarding the Products and Services offered on or through the Platforms. We have the right, at Our sole judgment and discretion, to change or amend any information or descriptions of any games, or other Products and Services of any kind without notice to You. Please note that, while We try to display accurate images and descriptions of Our Products and Services (including games), We do not guarantee that any Products and Services You purchase or use will look exactly as they appear on the Platforms or in any images We may have provided.
We reserve the right to correct any errors or inaccuracies on the Platforms regarding Products and Services or other Content, to change or update any information or Content and/or to cancel orders if any such information is inaccurate. If You make a purchase via the Platforms, We will charge Your credit card upon purchase, but, if We cancel any orders after Your credit card has been charged, We agree to promptly issue a credit to Your account in the amount charged.
X. [Accounts, Fees, Payments, and [Refund] [No Refund] Policy]
As explained above in Section V.A, when You play any of Our real money games, You will be interacting directly with Our service provider, b spot. To utilize real money in any of Our real money gaming Products, You will be required to create an account with b spot subject to b spot’s terms of use, to which You must agree. You will be able to fund Your b spot account and make withdrawal requests, all pursuant to b spot’s terms of use. To learn more about the real money game play, b spot’s proprietary wagering services, setting up and using Your b spot account, or funding or withdrawing money from Your b spot account, see b spot’s Terms of Use.
We may offer certain Products and Services for sale including as part of subscription packages, membership deals, or other periodic fee-based services, or through the sale of other Products or Services. Please note that We comply with California Civil Code section 1789.3 and California Business and Professions Code section 17538. The relevant information in compliance with those sections regarding pricing, consumer rights complaints and consumer inquiries in compliance with those sections is set forth below in a separate section of these Terms of Use. See Section Consumer Rights Information; California Civil Code Section 1789.3 Compliance.
XI. Platforms Use and Conduct
Please note that, with respect to any Content or images that You are permitted to upload onto any of the Platforms (including, without limitation, in connection with Your account or any chatrooms), You are solely and completely responsible for determining whether Your use of such Content or images requires the consent of any third party or the license of any additional rights for Your intended use. You must not rely solely on the information on the Platforms to determine whether additional rights are required for Your intended use of any Content or images. If You are unsure whether additional third-party rights are needed for Your intended use, You are responsible for consulting with competent rights management professionals, legal counsel, or other relevant individuals or entities.
Moreover, any materials that You are permitted to download from the Platforms (or any Products or Services) pursuant to the Limited License or otherwise shall retain all copyright, trademark and/or other proprietary notices in the same form and in the same manner as such notices appear on the material or on the Platforms, unless You enter into an agreement with Us that explicitly states otherwise.
You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce to a human-readable form any software that You may be permitted to download from the Platforms (or any Products or Services), except as may be permitted by law.
EXCEPT ONLY AS EXPRESSLY PROVIDED WITHIN OUR PLATFORMS OR AS EXPRESSLY PROVIDED WITHIN ANY AGREEMENT THAT YOU MAY ENTER INTO WITH THE COMPANY, THE PLATFORMS (OR ANY DERIVATIVE WORKS BASED ON THEM), THEIR CONTENTS, OR ANY OTHER MATERIAL FROM THE PLATFORMS OR THAT YOU HAVE OTHERWISE RECEIVED FROM US MAY NOT IN ANY FORM OR BY ANY MEANS NOW KNOWN OR HEREAFTER DEVELOPED BE USED, REPRODUCED, DISPLAYED, DOWNLOADED, UPLOADED, PUBLISHED, REPURPOSED, POSTED, DISTRIBUTED, TRANSMITTED, RESOLD, OR OTHERWISE EXPLOITED FOR ANY COMMERCIAL PURPOSE WITHOUT OUR PRIOR EXPRESS WRITTEN CONSENT. YOU MAY NOT OTHERWISE USE, REPRODUCE, MODIFY, DISTRIBUTE, TRANSMIT, POST, OR PUBLISH ANY CONTENT OR MATERIAL FROM THE PLATFORMS OR ANY OTHER CONTENT OR MATERIAL THAT YOU HAVE RECEIVED FROM US WITHOUT OUR PRIOR WRITTEN CONSENT. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU HERE AND/OR WITHIN THE PLATFORMS, INCLUDING OWNERSHIP AND TITLE, ARE RESERVED FOR THE COMPANY (OR OTHER OWNER) AND ARE NOT TRANSFERRED OR LICENSED TO YOU.
YOU MAY USE THE PLATFORM AND OUR PRODUCTS OR SERVICES ONLY AS EXPRESSLY LICENSED, AND NOT FOR ANY PURPOSES THAT ARE UNRELATED TO PRODUCTS AND SERVICES WE OFFER AND TO YOUR BUSINESS WITH US.
While visiting or accessing any of Platforms (including the Website), You shall not submit, post, publish, distribute or transmit: (a) material or content that is illegal, indecent, vulgar, obscene, libelous, defamatory, harmful, threatening, abusive, harassing, tortious, hateful, racially, ethnic, or otherwise objectionable, false or misleading; (b) material or content other than that which may be requested by an interactive application or tool on the Platforms or is otherwise relevant to Your business with Us; (c) unsolicited advertising, promotional material, or other forms of solicitation; (d) material that would infringe the intellectual property, privacy, or other rights of third parties; (e) a computer virus, worm, Trojan horse, spyware, adware, or any other element that is destructive to any Platforms or to any Company hardware or software accessible through any Platforms or any third party hosting facility; (f) a digital or manual signature, password, or other element that impersonates a Company employee, associate or affiliate, or any forged TCP/IP headers or parts of a header; or (g) material that intentionally or unintentionally violates any applicable local, state, national or international law or any regulations or rules having the force of law.
You agree to comply with all laws, rule and regulations that apply to Your use of all Platforms and Our Products and Services. You also agree that You and any person with access to Your account or password will NOT, directly or indirectly, in connection with or using any Platforms( or Products or Services) do any of the following:
Modify, adapt, translate or reverse engineer any portion of any Platforms (including the Website) or Our Products or Services or redistribute, sell, de-compile, reverse engineer, disassemble or otherwise reduce to a human-readable form software, Content, or other materials that You are permitted to download from any Platforms, except as may be explicitly permitted by law;
Deep link or employ any software, device, technology or algorithm to “crawl,” “scrape,” search or monitor any Platforms and/or retrieve or copy images or Content or related information, including, without limitation, any data mining, robots or similar data gathering or extracting methods;
Reformat, frame, manipulate or display by using any navigational technology or otherwise any portion of any Platforms (including the Website), Our Products or Services, or any web or app pages that are part of any Products or Services;
Interfere with or disrupt or hack into any Platforms (including the Website) or Our Products or Services or servers or networks connected to any Products or Services, or disobey any requirements, procedures, policies or regulations of networks connected to Our Products or Services, including violating any mechanical restrictions of any Platforms (including this Website) or bypassing any other measures employed to prevent or limit access to any Platforms (including this Website) or Content by hacking or by any other means;
Copy, redirect, or exploit any Platforms or any images or Content on any Platforms, Products, or Services;
Probe, scan, or test the vulnerability of the Website or any other Platforms or of the provider or network supporting the Website or any Platforms, or seek any information about Our Users of the Platforms (or any Products or Services) or personal or confidential information about any Users or customers;
Use any device, technology, software, or routine that would interfere with the normal and proper functioning of any Platforms, or any transaction conducted on or in connection with any Platforms;
Disable any RMS technology or equivalent technologies or tools;
Submit or otherwise transmit any Content or other material that intentionally or unintentionally violates any applicable local, state, national or international law or any regulations or rules having the force of law;
Impersonate any person or entity, forge TCP/IP or other e-mail headers or parts of headers or other identifiers, submit or otherwise transmit a digital or manual signature, password, or other element that impersonates a Company employee, associate, or affiliate, or any other person or entity, or otherwise forge or disguise any user name or the source or quantity of e-mail or other transmissions;
Create multiple User or customer accounts in violation of this Agreement or create User or customer accounts by any automated means (unless otherwise expressly authorized under this Agreement);
Submit Content, information or other material to any Platforms (including the Website) or through Our Products or Services that is abusive, libelous, defamatory, offensive, obscene, pornographic, indecent, lewd, suggestive, inflammatory, hateful, harmful, threatening, harassing, illegal, vulgar, dangerous, or tortious, or that promotes bigotry, hatred, or physical harm of any kind against any individual or group;
Interfere with the functioning of any other person’s enjoyment of any Platforms or any of the Products or Services;
Submit any Content or other material to any Platforms or through Our Products or Services that infringes any intellectual property, copyright, trademark, patent, trade secret, publicity, privacy, business, contractual or fiduciary rights, or other proprietary rights of any person or entity unless the express prior consent of such person or entity has first been obtained or submit any Content or material that You do not have a right to transmit under all applicable laws or under contractual or fiduciary relationships (such as, for example, inside information, trade secrets, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Submit or otherwise promote illegal or unauthorized copies of another person or entity’s copyrighted work;
Remove any copyright, trademark, or other proprietary rights and/or notices contained in or on any Platforms or in, on, or in connection with any Products or Services;
Submit or otherwise promote Content or information that You know is false or misleading;
Submit or otherwise promote Content or information that promotes illegal activity or that promotes conduct that is abusive, threatening, obscene, defamatory, libelous, invasive of privacy or publicity rights, or otherwise violative of a third party’s personal rights;
Use the account, username, or password of any other User at any time or disclose Your password to any other person or entity or permit any other person or entity to access Your account;
Solicit passwords or other personal identifying information from other Users for commercial or unlawful purposes;
Violate or breach this Agreement, violate any law, rule, or regulation, or encourage any third party (including any other User) to do so or to use any Platforms or any Products or Services in any manner that leads to a government complaint or investigation;
Further or promote any criminal activity or enterprise or provide instructional information about illegal activities, including, but not limited to, making or buying illegal weapons, promoting physical harm or injury against any group or individual, promoting any act of cruelty to animals, violating someone’s privacy, or providing or creating computer viruses, worms, logic bombs, “Trojan horses,” spyware, adware, any other file or element that is destructive to any Platforms or to any Products or Services or to any Company hardware or software accessible through any Platforms or any third party hosting facility, or any files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
In addition to the foregoing listed activities, the following is a partial list of the kind of additional activities ad conduct that are illegal and/or prohibited on any of Our Platforms (including the Website):
Any criminal or tortious activity, including, without limitation, child pornography, fraud, forgery, trafficking in obscene material, drug dealing, prostitution and related solicitations, gambling, harassment, stalking, impersonating any other person or entity (including other Users or Members), spamming, spimming, sending viruses, worms or other harmful files, copyright infringement, patent infringement, other infringements of proprietary rights and intellectual property, or theft of trade secrets;
Solicitation of or advertising to any Member or User to buy or sell any products or services through this Website or through of its Services (including, without limitation, in any community platforms or forums or in chatrooms), unless You have the express permission and consent from the Company and from the User or Member;
Using any information or Content obtained from any Platforms or from the Products or Services to contact, advertise to, or solicit any other User or Member;
Using any information or Content obtained from any Platforms or from the Products or Services for any purpose other than what is expressly granted by the Limited License as set forth herein;
Covering any banner advertisements on any Website page or any other Platform or app page via HTML/CSS or by any other means;
Selling or otherwise transferring or assigning Your account without notice to Us;
Using any information learned or obtained from any Platforms or any of Our Products or Services to harass, abuse, stalk, threaten, or otherwise harm any person or entity;
Using the account, username, or password of any other Member at any time or disclosing Your password to any other person or entity or permitting any other person or entity to access Your account; or
Using any Platforms or any Products or Services in a manner that is inconsistent with any and all applicable laws and regulations.
The Company reserves the right to investigate and take appropriate legal action against anyone who, in Our sole judgment and discretion, violates this Agreement, including, without limitation, to remove any offending communications from any of Our Platforms or Our Products or Services, to terminate the Membership of violators and/or to take other similar actions and remedies. As explained above, We may, at Our discretion and in Our judgment, contact law enforcement authorities if We believe that anything unlawful is occurring or has occurred in relation to any Platforms or Our Products or Services. We may provide copies of any relevant images, material or other Content to the law enforcement authorities and, in that connection, We may also give them access to any personal data that is held by Us.
XII. User/Member Disputes
To the extent You have any interaction with other Uses or Members, You are solely responsible for Your interactions with other Members and Users. We reserve the right, but have no obligation or responsibility, to monitor any interactions between You and any other Users or Members, including any disputes.
XIII. Material and Content Submitted By Users; Your License to Us
Under certain conditions, and pursuant to the terms and conditions of this Agreement and/or pursuant to other rules, guidelines, and agreements submitted, posted, presented, or required by the Company, Users and/or Members may be permitted to post Content to this Website (“User Content”). We welcome communications from Our Users and Members in the form of suggestions, feedback, comments, ideas or any submission or transmission to Us[, including in our community forums and platforms or chatrooms,] or other User Content about Our Platforms or the Products and Services.
All Users/Members who post User Content acknowledge and agree, subject to these Terms of Use, that Users/Members may retain any and all applicable copyright and other intellectual property rights with respect to any User Content that a User/Member creates and/or submits and/or transmits using any of the Products or Services, to the extent that the User/Member has such rights under applicable laws.
Notwithstanding the foregoing, You understand, acknowledge and agree that, by submitting or transmitting User Content to Us, including through any Platforms or Our Products or Services, You grant to Us – and you represent and warrant that You have the right to grant –(a) a royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, and distribute Your User Content on any of Our Platforms and in connection with any of our Products or Services; (b) a royalty-free, worldwide, perpetual, irrevocable non-exclusive right and license to copy, analyze, and use any of Your User Content as We may deem necessary or desirable for any purposes, including, but not limited to, providing Products or Services, providing support services in connection with Products or Services, testing, or debugging; (c) the perpetual and irrevocable right to delete any or all of Your User Content from any of the Platforms and from Our Products or Servers for any reason or for no reason, whether intentional or unintentional, and without any liability of any kind to You or to any other party. In addition, You agree to grant to Us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, sublicensable right and license to exercise and utilize the copyright, publicity, database and other proprietary rights You have in Your account information, including any data or other information generated by Your account activity, in any media now known or hereafter devised, all in accordance with Our Privacy Policy.
You also understand and agree that, by submitting or transmitting Your User Content to any Platforms and/or to any area of the Services or in connection with any Products, You automatically grant – or You represent and warrant that the owner of such Content has expressly granted – to Us (and to all other Users of the Platforms and Our Products or Services, solely to the extent such User Content is publicly posted) a royalty-free, non-exclusive, worldwide, perpetual, transferable, irrevocable right and license, under any and all rights you may have or obtain with respect to Your User Content, to use Your User Content for all purposes within the Platforms and Our Products or Services. You further agree that You will not make any claims against the Company or against other Users of the Platform or Our Products or Services based upon any allegations that any activities by any of the foregoing within Our Platforms infringe Your (or anyone else's) intellectual property rights or any other proprietary or privacy rights.
You further understand, acknowledge, and agree that: (i) You are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your User Content hereunder; (ii) You are solely responsible for, and the Company will have no liability in connection with, the legal consequences of any actions or failures to act on Your part while using the Platforms or any Products or Services, including, without limitation, any legal consequences relating to Your or any other person or entity’s intellectual property rights or other proprietary or privacy rights; and (iii) the Company’s acknowledgement hereunder of Your intellectual property rights or other proprietary right in and to Your User Content does not constitute a legal opinion or legal advice, but is intended solely as an expression of the Company’s intention not to require Users to forfeit or forego certain intellectual property rights, to the extent You may have any, with respect to any User Content submitted to any Platforms or in connection with any Products or Services, subject to the terms of this Agreement and any other rules, guidelines or agreements submitted, posted, presented or required by the Company.
Subject to the Privacy Policy, the Company retains ownership of all User account data, regardless of any intellectual property rights in User Content. You acknowledge and agree that You do not own the account You use to access any Platforms or any Products or Services, nor do You, subject to the Privacy Policy, own any data the Company stores on its servers (including without limitation any data or information representing or embodying any or all of your User Content).
Your intellectual property rights in any User Content, if any, do not confer any rights of access to this Website or to any Products or Services or any rights to data stored by or on behalf of the Company.
XIV. The Company’s Control of Information Provided By Users
You understand and acknowledge that the Company is a service provider that offers the Platforms and the Products and Services to allow Users and Members to play games and engage in real world wagering, [while also accessing and sharing information and interacting about subjects of their choosing regarding gaming and wagering and related topics]. You further understand and acknowledge that Users can alter the Content and other data and information presented on the Website or other Platforms on a real-time basis. As a general matter, the Company does not – and is unable to – regulate all the Content and other information presented on this Website,[ including any communications between Users or Users’ interactions or communications in connection with any Platforms, Products, or Services. As a result, the Company has very little control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of any Content and other information that may be provided by Members or Users.
THE COMPANY IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER CONTENT POSTED ON ANY PLATFORMS (INCLUDING ON THE WEBSITE) OR IN CONNECTION WITH THE PRODUCTS OR SERVICES. Although We provide rules for User conduct and postings, We do not – and cannot – control, and are not responsible for, what Members or Users may post, transmit, or share on or in connection with all Platforms, nor are We responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable User Content. We are not responsible for the conduct, whether online or offline, of any User of any Platforms or Products or Services.
XV. Material Owned By Third Parties and Linked Content
The Platforms (including the Website) may include materials and content owned by third parties who are not Users or Members, as well as links to websites, apps, or platforms owned by third parties who are not Users or Members. Access to and use of any of this third-party content or material is at Your own risk. Please exercise discretion while browsing the Internet.
You should be aware that, while you are on Our Platforms, You could be directed to other sites, platforms, or apps that are beyond the control of the Company. There may be links to other sites, platforms, or apps from Our Platform pages that take You outside of Our Platform or the Products or Services. This may include links from affiliates, business partners, sponsors, Content providers, or others that may or may not use the Company’s logo(s) and/or trademark(s) as part of a co-branding or other agreement. When You leave any Platform, be aware that Our terms, policies, and rules no longer govern. Moreover, these other sites ,platforms, or apps may send their own “cookies” to users, collect data, solicit personal information, or contain information that You may find inappropriate or offensive. While the Company reserves the right to disable links from third party sites, platforms, or apps to the Website or other Platforms, or vice versa, except as expressly stated in these Terms of Use, We makes no representations concerning the content of sites, apps, or platforms linked to the Website or other Platforms or listed or set forth anywhere within the Website or other Platforms. The Company makes no claim or representation regarding any information or content on such third party sites, platforms, or apps, and the Company takes no responsibility, directly or indirectly, for the accuracy or reliability of information, data, opinions, advice, statements, products, or materials, or any review, changes, or updates, on such third party sites, platforms, or apps, nor does it assume responsibility for Your reliance on or use of content, products, or other materials obtained from such sites, platforms, or apps. Such reliance is at your own risk. Moreover, the Company cannot be held responsible for the quality, accuracy, relevancy, copyright compliance, legality or decency of material contained in sites, platforms, or apps linked to the Website or any Platforms or listed or set forth anywhere within the Website or other Platforms.
The Company’s inclusion of any third party material or Content on the Website or any other Platforms shall not be construed as Our endorsement of any third party or the third party material or content, nor does it imply affiliation or adoption by Us of any site, platform, or app, or of any information.
No rights or license are granted to You in any of the third-party material or content.
YOU AGREE TO DEFEND AND HOLD THE COMPANY HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM YOUR USE OF ANY THIRD-PARTY MATERIAL OR CONTENT THAT YOU ACCESSED THROUGH OR ON THE WEBSITE OR ANY OF OUR PLATFORMS.
XVI. Privacy
In addition to these Terms of Use, Your use of and access to Our Platforms (including the Website) also are governed by the Privacy Policy. The terms and conditions of the Privacy Policy are, by this reference, included within and made part of this Agreement, as though set forth here in full.
You understand that any message, Content, or information that you send, upload or otherwise submit to to Us may be viewed or intercepted by third parties, even if there is a specific notice that the information is encrypted.
For more information on Our policies for use of Your personal and confidential information, please consult the Privacy Policy.
XVII. Disclaimer of Warranties, Limitation of Liability, and Indemnity
You expressly agree that use of the Platforms and any of the Products or Services is at Your sole risk and responsibility.
THE PLATFORMS AND ALL CONTENT ON ANY OF OUR PLATFORMS, INCLUDING ALL PRODUCTS AND SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY GUARANTEES, WARRANTIES, OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE PLATFORMS OR THE CONTENT WITHIN THE PLATFORMS, AND INCLUDING THE PRODUCTS OR SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY ALL APPLICABLE LAWS, THE COMPANY (INCLUDING ANY OF OUR SUBSIDIARY, SUCCESSOR, PREDECESSOR, PARENT, JOINT VENTURE, AFFILIATE, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, CONTENT PROVIDERS, LICENSEES, LICENSORS, AGENTS AND AFFILIATES) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY PLATFORMS OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY ASSUMES NO RESPONSIBILITY FOR THE UNAVAILABILITY OF ANY PLATFORMS OR FOR INFORMATION PROVIDED BY OR ACTIONS OR OMISSIONS OF THIRD PARTIES. THE COMPANY DOES NOT WARRANT ANY CONTENT AVAILABLE AT OR THROUGH ANY PLATFORMS (AND ANY PRODUCTS OR SERVICES USED, PURCHASED, AND/OR ACCESSIBLE THROUGH OUR PLATFORMS OR OTHERWISE), INCLUDING SUCH CONTENT’S (OR PRODUCTS’ OR SERVICES’) CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, AND NO SUCH CONTENT (OR PRODUCTS OR SERVICES) SHALL BEAR OR CREATE ANY WARRANTY BY THE COMPANY. Some jurisdictions may not permit the exclusion of limited warranties. Thus, certain disclaimers and exclusions may not apply to You, because they will not apply to the extent that a warranty is incapable of exclusion, restriction or modification under applicable law in a particular jurisdiction.
The Company is not responsible for any incorrect or inaccurate Content posted on any Platforms, or posted or transmitted through and Products or Services by Us or by any Users or Members, even if such incorrectness, mistakes or inaccuracies are caused by any equipment or programming associated with or utilized in the Services or in any Products or otherwise on Our Platforms.
The Company explicitly disclaims any responsibility for the accuracy, completeness, content, or availability of information found on sites, platforms, or apps that link to or from any of Our Platforms. The Company cannot ensure that You will be satisfied with any Products or Services that You use or purchase from a third party site, platform, or app that links to or from Our Platforms or third party content on any of Our Platforms. The Company does not endorse any merchandise except as expressly provided, nor has the Company taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites, platforms, or apps, or any content. The Company does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal or confidential information) that You may be requested to give any third party, and You hereby irrevocably waive any claim against the Company with respect to such sites and third party content. The Company strongly encourages You to make whatever investigation You feel is necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
The Company is not responsible for the conduct, whether online or offline, of any User or Member.
The Company assumes no responsibility if any Platform is unavailable or contains errors. IN CONNECTION WITH THE USE OF, OR THE INABILTY TO USE, OUR PLATFORMS OR ANY MATERIALS OR FUNCTIONS ON ANY OF OUR PLATFORMS (INCLUDING ANY PRODUCTS OR SERVICES), THE COMPANY (INCLUDING ITS DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS) WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF DATA AND BUSINESS INTERRUPTION, WHETHER OR NOT THEY ARE FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, INCLUDING ARISING IN ANY WAY FROM USE OF OR SERVICES OR PRODUCTS PROVIDED ON OR IN CONNECTION WITH THE PLATFORMS, THIS AGREEMENT, CONTENT ON THE PLATFORMS, OR YOUR RIGHTS UNDER ANY PROVISION OF THIS AGREEMENT, OR OTHERWISE. IN NO EVENT SHALL THE COMPANY’S OR ITS AFFILIATES’ LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF ANY OF OUR PLATFORMS (INCLUDING THE PRODUCTS OR SERVICES) OR YOUR INABILITY TO ACCESS ANY PLATFORM (INCLUDING THE WEBSITE AND ANY OF OUR PRODUCTS OR SERVICES OR ANY OF THE CONTENT) EXCEED $599. YOU, AND NOT THE COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF YOUR EQUIPMENT, USER CONTENT, OR MATERIALS DUE TO YOUR USE OF ANY OF OUR PLATFORMS, OR PRODUCTS OR SERVICES, OR THE COMPANY’S CONTENT. THE FOREGOING EXCLUSIONS AND LIMITATIONS ON REMEDIES AND DAMAGES ARE APPLICABLE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE. Certain jurisdictions may limit the Company’s ability to disclaim responsibility for these damages and to limit its liability. Thus, this disclaimer and limitation of liability may not apply to You, because it will not apply to the extent that a liability is incapable of exclusion, restriction or modification under applicable law in a particular jurisdiction.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS CONTENT SOURCES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUBSIDIARIES, AFFILIATES, JOINT VENTURES, AGENTS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS, AND LICENSEES, FROM AND AGAINST ALL LIABILITIES, CLAIMS, DAMAGES (INCLUDING PUNITIVE DAMAGES), JUDGMENTS, SETTLEMENTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) ARISING OUT OF OR RELATED TO YOUR USE OF ANY OF OUR PLATFORMS AND/OR THE PRODUCTS OR SERVICES, YOUR FAILURE TO USE THE PLATFORMS AND/OR THE PRODUCTS OR SERVICES, YOUR BREACH OR ALLEGED BREACH OF THIS AGREEMENT, OR YOUR BREACH OR ALLEGED BREACH OF THE COPYRIGHT, TRADEMARK, PROPRIETARY OR OTHER RIGHTS OF THIRD PARTIES.
XVIII. Other Information Regarding Credit Cards, Billing, and Shipping Information
When You purchase Products or Services pursuant to a transaction with the Company and/or with participating merchants, some of Our affiliates or partners, and/or with other third parties, to protect the security of Your credit card information, We employ the industry standard Secure Sockets Layering (“SSL”) technology. When the Company requests Your credit card information or one of our payment processing service providers requests Your credit card information, Your credit card number is encrypted as that information may be transferred between Our Platform to one of Our card-processing service providers or to any other participating merchants and/or if/when information about Your order is stored in any manner.
Keep in mind that Your credit card number, billing and/or shipping information, or other required financial information, may be provided to participating merchants from whom You may purchase goods or services and/or to financial institutions pursuant to transactions with Us and/or participating merchants. The merchants are solely responsible for how they use that information and any other information they independently obtain from You or about You. Otherwise, the Company does not share credit card information, billing or shipping information, or other financial information with anyone else. For more information, please read the Company’s Privacy Policy.
Note that the Website (or other Platforms) may contain links to other websites or platforms. For example, if You click on a banner ad from a third party linked to Our Website or if You click on a link embedded in another Member’s User Content, You will leave Our Website or other Platform and will be interacting directly with a third party website or platform. Any information that You provide to that third party once You leave this Website or other Platform, including Your credit card information or other personally identifiable information, is subject to the privacy policies of those third parties. We encourage You to read the privacy statement of every website or other platform that You visit -- whether linked to Our Website or Platform or otherwise -- to learn how those other websites collect and use information from users.
If You purchase anything from Us, please note that You will be receiving a streaming or digital version. No physical copies of Products or other Content or materials will be shipped or provided to You.
XIX. Changes/Modifications to the Website or Other Platforms [(Including as to Pricing)], Communications With You, and Termination/Cancellation
Changes/Modifications; Communications With You
The Company reserves the right at any time and for any reason to change, modify, suspend, or discontinue any aspect of Our Platforms (including the Website or any Product or Service), these Terms of Use, the material within any Platform, the Privacy Policy, or any third party material posted on or linked to any of Our Platforms without notice or liability to You. You acknowledge and agree that the Company may at any time and for any reason undertake such actions. You also acknowledge and agree that the Company may at any time and for any reason change or modify any Platforms, including, without limitation, the Website, the Content, materials, Products, and Services, as well as the fees, costs, and pricing associated with any of the foregoing, and including suspending or discontinuing , temporarily or permanently, any aspect of Our Platforms, all without notice.
Any new features that augment or enhance the then-current version of any Platforms, including the release of new game, or other Content, Products, or Services, or any tools, resources, or other materials, shall be subject to these Terms of Use, and may result, in Our sole discretion, in price increases. You understand and acknowledge that We shall not be liable to you, or to any third party, for any damages, costs, expenses, or other liabilities related to any modifications, price changes, suspensions, or discontinuances of Our Platforms or any Products or Services.
Without limiting the foregoing, You understand and acknowledge that the Company may use banner notices or similar devices to alert You to certain modifications to any Platforms (including to the Website) or any pricing associated therewith. Alternatively, notice to You of any modifications may consist of an e-mail from Us to an e-mail address associated with Your account, even if We may have other contact information for You. You also agree and acknowledge that We may communicate with You through any available means, including e-mail, mobile number, telephone, or delivery services, including the postal service, about Your account or about any purchases by You, or about any Products or Services associated with Our Platforms or Us. You acknowledge and agree that We shall have no liability associated with or arising from Your failure to maintain accurate contact or other information, including, but not limited to, Your failure to receive critical information about the Platforms, Products, Services, pricing, or anything else.
Termination/Cancellation
Your account or any access to Products or Services may be terminated and cancelled, subject to the terms hereof, at any time; [provided that, as set forth above, no refunds will be issued if Your account or other periodic fee-based Products or Services are cancelled prior to the end of the applicable period or term].
Thus, notwithstanding any other provision of this Agreement, We, without prior notice to You and in Our sole discretion and judgment, reserve the right to cancel, suspend, or refuse access to Our Platforms or any of Our Products or Services to anyone, to delete Your account, and/or to terminate Your Membership for any reason, including if We believe that You are under eighteen (18) years of age or twenty-one year of age, as applicable, or have misrepresented Your age. Also, We reserve the right to terminate any Membership and delete any account if the account has been inactive for an extended period of time. Thus, Your access to Our Platforms and to Our Products or Services may be terminated immediately without notice to You for any reason. In particular, We may terminate Your access to any Platforms if, in Our sole judgment and discretion, You fail to comply with any term of these Terms of Use or anything within the Website’s Privacy Policy.
Your account or Your use of or access to any Products or Services may be cancelled at any time by by requesting such cancellation in writing by e-mailing Us at developer@gameknight.com, which cancellation request must receive a confirmation of receipt from Us and which cancellation request will be processed by Us in accordance with its timelines and procedures for e-mail cancellations. Cancellation requests by telephone, facsimile or other means of communication cannot, and will not, be accepted, honored or effective.
The cancellation or termination of your account or membership will immediately result in the deactivation and deletion of Your account, the denial of access to any Platforms and to any Products or Services, and the forfeiture and relinquishment of all Content and information within or related to Your account or any Products or Services. No data, Content (including User Content), or information can be recovered once Your account has been cancelled, and You assume all responsibility for preserving any data, Content, or information on Your account or in connection with any Products or Services prior to the cancellation of Your account. You acknowledge and agree that We may retain data, content or information from Your account after cancellation in backup and/or archival copies of any Platform (including the Website) and related databases, but such copies, if any, will not be available to You.
Upon termination or cancellation, You must cease use of the Platforms, and, subject to the terms of any specific license agreement that You may have entered into with Us on or in connection with any Platforms or in connection with any Products or Services, You must immediately destroy any Content or materials downloaded and/or printed from Our Platforms or otherwise obtained from Us, and all copies thereof, whether made pursuant to the Limited License, under the terms of these Terms of Use, or otherwise, as well as any installations of materials that You have obtained from any Platforms or otherwise from Us.
Even after a membership is terminated or cancelled and/or account deleted, this Agreement will remain in effect.
XX. Notice and Procedure For Making Claims Of Copyright Infringement
As set forth above, You may not post or otherwise upload, use, send, or display any copyrighted material, trademarks, or other proprietary content or materials belonging to third persons or entities unless and until You have obtained the prior written consent of the owner of such proprietary rights. We reserve the right to terminate the accounts of any Members (or disable access to any Platforms of any Users) who infringe the intellectual property rights of others, and, when reported through proper notification to Us by the copyright owner or the copyright owner’s legal agent or representative), it is the policy of the Company to remove Content that amounts to copyright infringement and/or to terminate the membership privileges of any Member who repeatedly infringes the copyright rights of others.
Without limiting any of the foregoing, pursuant to the Copyright Act, section 512(c)(2) of Title 17 of the United States Code, if You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on any Platforms or on or in connection with Our Products or Services, You should notify Our Site administrator of the claimed copyright infringements in accordance with the procedure set forth below.
The Website will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. The DMCA requires that notification of claimed copyright infringement be sent to the designated agent. Our designated agent can be found at developer@gameknight.com, and communications to the designated agent about claims of copyright infringement should include a subject line indicating that the e-mail is about copyright infringement and/or enforcement
To be effective, pursuant to the DMCA, 17 U.S.C. § 512(c)(3), the notification must be in writing, and it must contain the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single on-line site or platform are covered by a single notification, a representative list of such works at that site or platform;
3. Identification of the 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 the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has 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;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If You fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, Your DMCA Notice may not be effective.
Please be aware that if You knowingly materially misrepresent that any User Content, material, or activity on the Website or any other Platforms is infringing Your copyright, You may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
XXI. Consumer Rights Information; California Civil Code Section 1789.3 Compliance
With regard to any charges for any Services, Products, Content, or information, relevant pricing information will be posted as part of the ordering process for the Platforms (including the Website), and We reserve the right to post or not post such information in these Terms of Use and/or on other relevant pages of any applicable Platforms.
Pursuant to California Civil Code section 1789.3 and California Business and Professions Code section 17538, Californians have rights to the following additional information:
The mailing address, e-mail address and telephone number for the Company, and other information regarding contacting Us in connection with complaints or inquiries are:
Game Knight, Inc.
1933 S Broadway, Suite 746
LA, CA 90007
1 (213) 437-3123
You may contact Us with complaints and inquiries regarding pricing or Products or Services, and We will investigate those matters and respond to inquiries.
If any complaint with Us is not resolved to Your satisfaction, You can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
XXII. Governing Law and Choice Of Law
This Agreement, Your rights and obligations, and all actions contemplated by this Agreement shall be governed by, construed, and interpreted in accordance with the laws of the United States of America and of the State of California, regardless of any conflict of laws principles, rules, policies, or doctrines. This Agreement shall not be governed by any international laws or rules. This Agreement is deemed accepted, executed, wholly entered into and wholly performed in the County of Los Angeles, State of California, independent of Your actual state or county of residence and/or domicile. Any dispute arising out of or under or relating to this Agreement, whether at law or in equity, shall be resolved exclusively in the federal or state courts located in the County of Los Angeles, State of California, unless the parties mutually agree otherwise in writing, and You and the Company hereby irrevocably and unconditionally consent to the exclusive venue and personal jurisdiction of such courts, and waive any objections based on the doctrine of forum non conveniens.
XXIII. Compliance With Export Control Laws/Territories Where Access Is Illegal
Some software, documentation, or technical information available on or through Our Platforms may be subject to U.S. or foreign export control laws. By accessing, downloading, or using such software, documentation, or technical information, You represent and warrant that You are in compliance with any such applicable laws and regulations. The Company makes no representation that materials on Our Platforms (including the Website) are appropriate or available for use in locations outside the United States. YOU AGREE NOT TO ACCESS OUR PLATFORMS (INCLUDING THE WEBSITE) FROM TERRITORIES TO WHICH EXPORT IS PROHIBITED OR WHERE SUCH ACCESS IS ILLEGAL.
XXIV. Miscellaneous General Provisions
This Agreement, including the Privacy Policy, information communicated to You on, by, or through the Platforms, and any specific license agreements that You enter into with Us on or in connection with any Platforms or Our Products or Services, constitutes the entire agreement between the Company and You with respect to Your use of any of Our Platforms, Products, or Services, and it supersedes all previous and contemporaneous agreements or understandings, whether oral or written, between the Company and You with respect to Your use of any Platforms (and use and access to the Content and the Products and Services), and, other than as expressly stated herein, it shall not be modified except in a writing signed by both parties. No action of the Company, other than the express written waiver or amendment, may be construed as a waiver or amendment of this Agreement. If, for any reason, a court of competent jurisdiction finds any portion of any provision of the Agreement to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement shall be found by a court of competent jurisdiction to be unlawful, void or, for any reason, unenforceable, that provision shall be deemed severable from this Agreement, and shall not affect the validity and enforceability of any remaining provisions. All provisions of this Agreement that impose obligations continuing in their nature shall survive the termination or expiration of this Agreement, including, but not limited to, provisions for indemnity and any licenses granted by You to the Company. The failure of the Company to exercise or enforce any provisions of this Agreement shall not constitute a waiver of such right or provision.
If You have any questions, feedback, or comments regarding the Terms of Use (including any and all documents that comprise the Terms of Use, including, but not limited to, the Privacy Policy), the Platforms (including the Website), Our Services or Products (including any games) offered on or through any of Our Platforms, or regarding the Company, please contact Us at developer@gameknight.com.
Effective date 02/12/2021. Last updated on 02/12/2021.
Copyright © 2021 Game Knight, Inc. All Rights Reserved.