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Terms & Conditions of Use

Unless we indicate otherwise, these Terms & Conditions of Use (“Terms & Conditions”) apply to your use of any website which is owned and/or operated by GamingPeak, Inc. (“we” “us” or “our”), including, without limitation, this website, the GamingPeak games, lobbies, and services, and any other website or forum that we may own or operate currently or in the future (collectively, our “Website”).

By using our Website, you agree to these Terms & Conditions. We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically for changes. By using our Website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use our Website and, if applicable, you should arrange to cancel your registered user account or membership with us.

1. Terms & Conditions - In General

By using our Website, you agree to be legally bound and to abide by these Terms & Conditions. If you do not comply with these Terms & Conditions at any time, we reserve the right, if applicable, to terminate your password, user account, and/or access to our Website (or any part thereof). In our sole discretion and without prior notice or liability to you, we may discontinue, modify or alter any aspect of our Website, including, but not limited to, (i) restricting the time our Website is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use our Website. You agree that any termination or cancellation of your access to, or use of, our Website may be done without prior notice to you. If you do not abide by the provisions of these Terms & Conditions, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your account and all related information and files, in addition to barring you from any further access to such information and/or files, or our Website. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Website.

We expect you to abide by our Code of Conduct, which is incorporated into these Terms & Conditions by this reference.

2. Restrictions on Use of Materials

Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and interact with our Website and the material provided hereon for your personal use, provided that you comply fully with these Terms & Conditions. You acknowledge that our Website contains information, software, photos, video, text, graphics, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on our Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

3. Privacy and Security

We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy, which is incorporated into these Terms & Conditions by this reference.

4. Forum and Chat Content

You acknowledge that all Content and all information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials posted, emailed, or otherwise transmitted to or on our Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you email or otherwise transmit to our Website. We do not control the Postings on our Website made by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings on our Website.

All communications, including, but not limited to, chat and message board communications on our Website, are public and not private communications. We reserve the right to monitor any and all areas of our Website for any purpose. You acknowledge that by providing you with the ability to distribute Postings, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any such Postings. Although we reserve the right to remove, without notice, any Posting for any reason, we have no obligation to delete Postings that you may find objectionable or offensive.

5. Submissions

If, at our request or on your own, you send, email, post or otherwise transmit to us information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, lesson plans, notes, drawings, articles, or other materials (including, but not limited to, posting, emailing, or otherwise transmitting Postings) (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, our property. Except as provided in our Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, you grant us and our successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right and license (as well as your consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the “Rights”) that may exist in such Submissions. You also warrant that any third party holder of any Rights in such Submissions, has validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

6. Links to Other Websites

These Terms & Conditions apply only to our Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any Content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any Content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.

7. Third Party Products and Services

You may purchase services, merchandise or other products through links on our Website from other parties (collectively, the “Third Party Sellers”). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You may not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.

8. Copyright Complaints

We respect the intellectual property of others, and we ask the users of our Website to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use our Website (or any part thereof) who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact our designated agent for notice of claims of copyright infringement: Copyright Agent, GamingPeak, Inc. via e-mail at support@gamingpeak.com.

9. Your Password and User Account

If you are a registered user of or subscriber on our Website, you are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.

10. Paid Services

Some of our services require payment of a fee, either one-time or recurring. You must have an Account and pay the subscription or other fees to use these services. Fees are payable in advance and are not refundable in whole or in part. You are fully liable for all charges under your account whether or not they were authorized by you. If your use of our Website is subject to any use, sales or other taxes, or if we offer any additional services for a fee as noted on the Website and you choose to partake in such additional fee services, then we may also bill you for any such charges, which will be in addition to the rates noted here. We reserve the right to change our fees and billing methods at any time, effective thirty (30) days after notice of the changes are posted on the Website. You are responsible for regularly reviewing these Terms to obtain timely notice of such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but we will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription. Your continued use of the Services seven (7) days after the changes are posted on the Site will constitute your acceptance of such change. If you pay for the Services by credit card, you represent and warrant that you are the authorized user of such credit card. You agree and reaffirm that GamingPeak is authorized to charge your credit card each month, quarter, or year according to the terms of your subscription. You agree to promptly notify GamingPeak of any changes to your credit card account number, its expiration date and/or your billing address, and if your credit card expires or is canceled for any reason. You may alter, cancel, or modify your subscription at any time by visiting your Account page.

GamingPeak may offer free promotional items when you sign up for a paid Service. These items will only be given to residents of the United States who choose to provide GamingPeak with their shipping address. These items are offered while supplies last. These items will not be offered or shipped for trial subscriptions, subsequent recurring subscriptions, or to Subscribers or addresses who were previously subscribed to our Services. Limit one offer per household. No refund or exchange for promotional items will be given. Promotional item offers may be discontinued or cancelled at any time without notice. Promotional items will only be offered and shipped to addresses within the continental United States.

GamingPeak makes no guarantees of uptime and service availability. GamingPeak will not refund or compensate you for downtime, service issues, or other disruptions. GamingPeak reserves the right to change features and benefits available to paid and free members without reason at any time.

11. Trial Subscriptions

For some of our Services, we may offer a free trial subscription. If you accept a free trial subscription, we will begin to bill your Account for that Service when the free trial subscription expires, unless you cancel your subscription before that time. You are always responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur when using our Services, even when we offer a free trial subscription. Trial subscriptions are not transferable.

12. Disclaimers of Warranties

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON OUR WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.

NEITHER US NOR ANY OF OUR AFFILIATES WARRANT THAT OUR WEBSITE OR ANY FUNCTION CONTAINED IN OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR THE SERVERS THAT MAKE OUR WEBSITE AVAILABLE ON THE INTERNET ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT, OFFERING, CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITE IS DONE AT YOUR SOLE RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.

13. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE OUR WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON OUR WEBSITE OR ANY WEBSITE LINKED TO OUR WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (F) ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF OUR WEBSITE.

14. Indemnification

You agree to indemnify, hold harmless and, at our option, defend us and our affiliates, and our and their officers, directors, members, employees, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys’ fees and expenses) arising from your improper use of our Website, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.

15. Governing Law and Choice of Forum

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Iowa, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of our Website or these Terms & Conditions shall be filed only in the state or federal courts located in Polk County, Iowa and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

16. Miscellaneous Terms

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions are the entire agreement between you and us relating to the subject matter herein. These Terms & Conditions may be modified only by our posting of changes to these Terms & Conditions on our Website, or by written agreement of you and us. Each time you access our Website, you will be deemed to have accepted any such changes.

We may assign our rights and obligations under these Terms & Conditions without your consent. These Terms & Conditions will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.