Welcome to GoodGamer!
We’re happy to have you as part of our community, joining our online gaming competitions, tournaments, and challenges provided by those certain third-party developer partners who have integrated their games with GoodGamer’s SDK (collectively, “Competitions”) and using other services, tools, and applications offered by third-party developer partners who have integrated GoodGamer’s SDK into their Competitions and that may be provided from time to time (together with Competitions, the “Services”). YOU ACKNOWLEDGE THAT YOUR ABILITY TO PARTICIPATE IN COMPETITIONS AND USE THE SERVICES OFFERED BY THIRD PARTY DEVELOPERS DOES NOT ESTABLISH GoodGamer AS A PROVIDER OF COMPETITIONS OR THE SERVICES.
BY CREATING AN ACCOUNT Good Gamer Corp. (your “Account”), UTILIZING THE SERVICES IN ANY WAY, CLICKING “I ACCEPT” BELOW, DOWNLOADING ANY APPLICATION INTEGRATED WITH GoodGamer’S SDK (as further defined in Section 2.2 below, “Software”), OR ENROLLING FOR OR ENGAGING IN ANY COMPETITIONS, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF SERVICE AND ALL RULES AND OBLIGATIONS INCLUDED WITHIN EACH COMPETITION IN WHICH YOU ENGAGE (“Rules”) (these Terms and Conditions of Service, the terms of any policy included within, and the Rules are collectively referred to as the “Terms”) IN THEIR ENTIRETY; (B) AGREE TO BE BOUND BY THE TERMS; AND (C) ARE ABLE AND ALLOWED TO ACCEPT THESE TERMS. If you don’t wish to be bound by the Terms, do not click “I accept” and do not register with GoodGamer (“GoodGamer,” “we” or “us”) and do not use the Services. Declining to accept these Terms means you will be unable to participate in Competitions or use your GoodGamer account.
1. GENERAL TERMS
1.1. ARBITRATION. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ANY DISPUTE, CLAIM, OR CONTROVERSY OF WHATEVER NATURE (“CLAIM”) ARISING OUT OF OR RELATING TO THESE TERMS AND/OR OUR SOFTWARE OR SERVICES MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROCESS DESCRIBED IN SECTION 14 BELOW. PLEASE READ SECTION 14 CAREFULLY. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU ARE RELINQUISHING THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY.
1.2. Changes to the Terms. We may revise, alter, modify or change the Terms at any time, and we may post a notice on our website at (“Website”) of any material changes, and you can view when these Terms were last altered by referring to the “Updated” legend above. Your continued involvement in Competitions and/or utilization of Software or Services means you accept any new or altered Terms. You are responsible for checking the Terms for any revisions, so please check back here from time to time.
1.3. Eligibility. You may not alter any Terms except in writing signed by both GoodGamer and you. For purposes of these Terms, “writing” does not include emails nor electronic or facsimile signatures.
1.3.1. United States (U.S.). In order to create an Account, to receive Services or participate in a Competition, and/or to download Software, you must: (a) be a natural person who is at least 18 years of age or older, personally attached to the email address entered during your Account creation; (b) have the power to enter into a contract with GoodGamer; (c) be physically located within the U.S. when using your Account and engaging in Competitions; (d) be physically located within a U.S. state in which participation in such Competitions are unrestricted by that state’s laws; and (e) at all times abide by these Terms. If any one of these conditions are not met at any time, we, as agent for our developer partners, may close or suspend your Account with or without notice.
1.3.2. Non-U.S. In order to create an Account, to receive Services or participate in any Competition, and/or to download Software, you must: (a) be a natural person who is at least 18 years of age or older, personally attached to the email address entered during account creation; (b) have the power to enter into a contract with GoodGamer; (c) be physically located in a jurisdiction in which participation in the Competition are unrestricted and permitted by that jurisdiction or country’s laws; and (d) at all times abide by these Terms. If any one of these conditions are not met at any time, we, on behalf of our developer partners, may close or suspend your Account with or without notice.
1.4. Your Account. As the holder of your Account, you are solely responsible for abiding by these Terms, and are the only individual entitled to all the benefits accruing thereto. You may not allow any other person to (i) use your Account; (ii) access Services or Software through your Account; or (iii) accept or use winnings, prizes, and other representative of value (including without limitation Virtual currency, virtual goods, or digital trophies) (collectively “Winnings”). Neither your Winnings, Account, nor any Digital Assets (defined in Section 10.3) are transferable to any other account or individual. You must immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of our security or the security of your Account in any GoodGamer-enabled game.
1.6. Personal Location Data: On behalf of our developer partners, we collect location information from your device as a part of this service. Should you desire to opt out of having this information collected, you may disable location access through the settings menu on your mobile device for any game with the GoodGamer SDK.
1.7. Use of Information Collected: By providing an email address and upgrading an account, users are authorizing GoodGamer to supply them with relevant promotions, announcements,, and other related communications relating to the Competitions, Service, and Software. Users will always have the ability to opt out of these communications at any time.
1.8 Employee Policy: Employees of GoodGamer may use the Software and/or Services For the purpose of testing user experience, but they may not withdraw money. GoodGamer directors, contractors, affiliates, or partners may use the Website, Services and/or Software without such limitation, as long as they do not have access to non-public information in relation to the Software and/or Services that would give any advantage in their play.
2. SERVICES AND SOFTWARE
2.1. The Services. On behalf of our developer partners, we reserve the right to, with or without notifying the user: (1) alter, suspend or discontinue your access to the Website, Software and/or Services for any reason without liability; and (2) interrupt the operation of the Website, Software and/or Services as necessary to perform maintenance, error correction, or other work. As agent for our developer partners, we may suspend and/or discontinue the account of any user who breaches, or whom we reasonably believe may be in violation or will breach these Terms, any time without notifying the user and without liability. Without limiting our other rights or remedies, if we believe you have breached these Terms or if you will breach these Terms, as agent for our developer partners, we may resolve that your Winnings, if any, will be forfeited, surrendered or repossessed.
2.2. Software. If you wish to engage in Competitions or utilize Services, you may be required to download mobile applications from our third-party developer partners which have integrated GoodGamer’s SDK (together with the content included therein, any associated documentation, and any application program interfaces, license keys, and patches, updates, upgrades, improvements, enhancements, fixes and revised versions of any of the foregoing, is collectively “Software”). If you do not download the Software, it will not be possible to engage in Competitions or receive relevant Services. Whether you download the Software directly or from a third party, such as via an app store, your use of the Software is subject to these Terms. We license the Software to you under Section 10.2.
2.4. Beta Releases. For any Service that is identified as a “beta” version (“Beta Service”), by us or our developer partners you acknowledge and agree that a Beta Service may contain fewer or more features than the Service’s final release. We and our developer partners reserve the right to not release a final release of a Beta Service or to alter any such Beta Services’ capabilities, specifications, features, functions, general availability, licensing terms, release dates, or other characteristics. Beta Services may contain errors which affect proper operation and functionality, and may not be suitable for production.
2.5. Third Party Sites. Through the Software, Website, or Services, you may be able to access third-party websites or services. Any such third-party websites or services, or the content within, do not fall under our responsibility. You alone are responsible for your interactions with third-parties, which include advertisers as well as game developers. In using third-party services, software, or websites, you may be subject to those third-party’s terms and conditions.
3. COMPLIANCE WITH LAWS
3.1. Prohibited US States/Countries. You agree that the regulations, laws, and rules addressing the tournaments, sweepstakes, and contests with entry fees and/or prizes dictate your engagement in Competitions (“Gaming Laws”), and that each individual US state, country, territory, or jurisdiction set up their own Gaming Laws. Thus, the software does not allow Cash Competitions (as defined in section 8.3) to be offered to users residing in in any state where Gaming Laws prohibit such Competition (“Prohibited Jurisdiction”), and if you are located in a Prohibited Jurisdiction then your participation in Cash Competitions is not allowed. Prohibited Jurisdictions in the United States, as of the “Updated” date above, include: Arizona, Arkansas, Connecticut, Delaware, Louisiana, Michigan, Montana, South Carolina, South Dakota, and Tennessee. Prohibited Jurisdictions for card games include Maine and Indiana. It is the duty of the user to determine whether the country, territory, jurisdiction or state in which you are located is a Prohibited Jurisdiction. We reserve the right, along with our developer partners, to monitor the location from which Services are accessed, although we are under no obligation to do so. We may also cease access from any Prohibited Jurisdiction on behalf of our developer partners. You are required to accurately confirm the location you are playing from whenever you log in to engage in a Cash Competition.
3.2. Additional Laws. On top of all Gaming Laws, you are also subject to any and all state, municipal and federal laws, regulations and rules of your country, state, and city in which you reside and also access and utilize Services. This includes without any limitation U.S. export laws (along with Gaming Laws, the “Applicable Laws”). The sole responsibility for compliance with Applicable Laws resides with the user. It could not be legal for some or even all residents or persons in certain jurisdictions to engage in Competitions. COMPETITIONS AND SERVICES ARE NULL WHERE RESTRICTED OF PROHIBITED BY APPLICABLE LAWS. You agree that involvement in Competitions is done so at your sole risk, and that we will not be held liable or responsible if your access or involvement is limited or prohibited.
3.3. LEGAL DISCLAIMERS. THE LAWFULNESS OF YOUR INVOLVEMENT IN ANY COMPETITION OFFERED BY OUR DEVELOPER, AS WELL AS USE OF SERVICES, ARE NOT UNDER ANY OF OUR REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. NO PERSON AFFILIATED, OR OF CLAIMED AFFILIATION WITH US, WILL HAVE ANY AUTHORITY TO MAKE THESE REPRESENTATIONS OR WARRANTIES.
4. YOUR REPRESENTATIONS AND WARRANTIES TO US
You warrant and represent to us that (1) you have the authority, capacity, and right to agree to these terms, to create an Account, and to be involved in Competitions you register for; and (2) while engaging in Competitions, utilizing Services, and/or using Software, you will abide by these Terms; and (3) any and all information you give to us or our developer partners is complete, current, and accurate. Intentionally providing inaccurate or incomplete information, or not maintaining complete, accurate, and current information, may lead to a cancellation of your Account and a forfeiture of your Winnings.
5. YOUR INDEMNIFICATION OF US
At your own expense, you will guarantee and hold us and our officers, directors, agents and employees harmless from and against any and all liabilities, judgments, claims, settlements, debts, actions or rights of losses of any kind, action, and all expenses and fees. This includes legal and attorney’s fees, due to (i) any use of your Account, the Services, the Website, and the Software by any individual including yourself; (ii) your breach of these Terms; (iii) any violation of Applicable Laws; and/or (iv) any misconduct or negligence. Should we instruct you in writing, you will, at your expense, defend us from any of the foregoing using counsel acceptable to us.
6.4. Warning. As third parties could unlawfully access or intercept private communications or transmissions between you and us, please take care in sending us sensitive information. You acknowledge that internet transmissions are never completely secure or private. You should never reveal any sensitive personal information in any GoodGamer-enabled message boards, chat features, or public forums.
6.6. Gameplay Dialogue. We may utilize third party technologies and websites to stream or record gameplay or chat dialogue occurring through the Services, including your own dialogue (“Recordings”) on behalf of our developer partners. These recordings are utilized as part of marketing and promotion of the Services, and to verify compliance with these Terms. Do not submit personally identifiable information in gameplay dialogue. Such information is available for anyone to use and see. For non-commercial purposes (i.e., you may not record or distribute Recordings for compensation) you may record and distribute your own recordings of gameplay dialogue provided your recording and distribution: (a) comply with these Terms and (b) do not include other services or products that are competitive with the Services.
6.7. Children. Personal information from anyone under 18 years old will not be knowingly accepted by The Services. Please contact us at support AT goodgamer DOT gg should you believe that a child under 18 has gained access to the Services. We have taken commercially reasonable steps to limit use of Services to those who are at least 18 years old on behalf of ourselves and our developer partners. We do not sell services or products for purchase by minors as agent for our developer partners.
7. ACCEPTABLE USE POLICY
7.1. Rules of Conduct. While using Services and Software you must conduct yourself in a respectful and lawful manner as per our rules of conduct below. You are also personally responsible for your use of Services and Software. We may permanently or temporarily ban users who breach these rules, or who abuse support communications, email communications, or the community purpose of any message board areas, decided by us and our developer partners, at our own discretion. We and our developer partners reserve the right to remove a player’s ability to edit their username or upload profile photos at any time.
Obscenities, profanity, the use of **asterisks** or other “masking” characters to disguise such words, is prohibited.
The use or upload of lewd, slanderous, obscene, abusive, indecent. Threatening, violent, harassing, pornographic, threatening, harassing, and insulting language of any time, is prohibited by our sole discretion.
Do not share personal information (your phone number, home address, name, and password) with other users. Service usernames will be displayed as ‘Your Name’; impersonating other players is prohibited.
Do not upload or transmit any trademarked or copyrighted materials in postings or messages. Neither we, nor our developer partners, are responsible for information you choose to provide to others. Information given on boards, chat rooms, eMessages or gameplay dialogue is revealed to the public.
Prohibited in messages are: java, tables, advanced fonts, or html, or other programming codes.
It is prohibited to participate in any Service through macro, programmed, automatic, or similar methods.
Committing fraud with regard to any Service is prohibited.
It is prohibited to attempt to deceive or impersonate another user for the goal of illicitly gaining passwords, cards, account information etc. (aka “scamming’).
Commercial use of any information given on the Website or through the Services is prohibited, nor can you make any use of the Services or Websites for the benefit of a business.
7.2. Your Content. You recognize that the Service is a passive conduit for user content and that: (i) neither we, nor our developer partner verify, control, or pay for any user communications or content or (ii) pre-screen user communications or content. We do specifically disclaim any liability or responsibility for publicly posted content. As well, we may terminate your access to any public forums without notice at any time as agent for our developer partners, for any reason whatsoever, and/or to move, edit, or delete content submitted publicly, in part or in whole. You may only send, receive, and upload material and messages that relates to the subject matter of the public forums, complies with Applicable Laws, and complies with any additional terms of service posted in the public forums. You may not distribute, upload to, or otherwise publish any information, content, or other material that (a) is libelous, threatening, libelous, defamatory, obscene, defamatory, indecent, pornographic, indecent, or could give rise to any civil or criminal or civil liability under U.S. or international or U.S. law; (b) violates or infringes or breaches the patents, trademarks, copyrights, service marks, trade secrets, service marks, or other proprietary rights of any person; or (c) includes any worms. Trojan horses, trap doors, bugs, viruses, or other harmful properties or code. Opinions or submissions expressed by users are that of the individual expressing such opinion or submission only. As agent for our developer partners and subject to the foregoing, we may refuse to post, remove or edit any materials or information submitted, at our discretion. The use of a false email address, pretending to be someone other than yourself or otherwise misleading us or third parties as to the origin of your content or submissions is prohibited.
7.3. Cheating, Fraud, and Abuse. In using the Software or utilizing or participating in Services, you warrant and represent to us and our developer partners that agree not to engage in any activity that interrupts or attempts to interrupt the operation of the Software or Services. Anyone who participates in, engages in or displays activity that may be seen, in the discretion of us and our developer partners only, as unfair methods in engaging in Software for using the Services, including but not limited to the creation and/or use of multiple accounts, the utilization of non-allowed or modified hardware or software to assist play (e.g., botnets, bots, and collusion with bots), intentionally weaker play in certain games to gain competitive advantage, collusion with other users (e.g. deliberately losing rematches in Cash Competitions), intentional transfer of money between accounts (e.g., “money laundering”), harassment of other users, posting objectionable content, violation of these Terms, violation of security of your Account, or any other act (through automated technology or other methods) that unfairly modifies your chance of winning or embodies the commission of fraud (collectively, “Abuse”), you will be subject to immediate penalty (as determined by us and our developer partners only), which, without limitation, may include: (1) immediate cancellation of your Account and preventing of your access to the Services and Website ; (2) any Winnings that otherwise may have received shall be forfeited and void; and (3) any Winnings received by you shall be subject to surrender and/or repertion. As well, we hold the right to report or disclose any money laundering similar illegal activity to regulatory authorities and law enforcement, as agent for our developer partners. Without a limit to other available remedies, we, solely, or along with our developer partners, may seek or institute or seek any injunctive relief, criminal and/or civil proceedings against you and/or any of your co-conspirators related to your Abuse, including without limitation reclaiming all of our and/or our developer partners’ fees and expenses (including reasonable attorneys’ fees) arising with these efforts.
7.4. Hacking, Tampering, or Unauthorized Access. Attempts to gain unauthorized access to any other user’s account, systems, or to interfere with performance or procedures of Software, the Website, or Services or intentionally undermine or damage the Software or Services is subject to criminal and/or civil prosecution and will result in immediate closing of your Account and forfeiting of your Winnings. You accept that we are not to blame for any loss, damage, or injury resulting from tampering, hacking, or other unauthorized use or access of your Account or the Services.
7.5. Restrictions. Any redistribution, reproduction or use of the Software, Service, or related services or products (including without limitation, Digital Assets) not outright authorized by these Terms is not allowed. You may not assist others to engage in, or engage in yourself, conduct that would impair or damage our property including, without limitation: (a) transmitting, distributing, copying, framing, performing, displaying, hosting, caching, linking, licensing, reproducing, publishing, or creating derivative works from any products, software, services, or information obtained from us; (b) providing unauthorized means which others may use for Services such as server emulators; (c) actions that create a disproportionately large or unreasonable strain on network infrastructure, or that could overburden, disable, damage or impair our Services or Websites; (d) interfering with any other party’s enjoyment and use of Software and/or Services (including cheating) or the Website; and/or (e) attempting to gain access which you are not authorized for to Software, Services, or third party accounts.
8. PAYMENTS AND ACCOUNT FUNDS
8.1. Fees. The fees and payments for Services that you pay to enter Competitions (“Fees”) and procedures for billing are explained in the billing application. If your account is charged with Fees, you agree to pay those Fees. All Fees are non-refundable and must be prepaid, stated in U.S. Dollars. The deposits, charges and withdrawals made under your account are your responsibility, as are any unauthorized deposits, charges or withdrawals. At any time, the cost of Services may change, but will not affect your past purchases.
8.2. Billing. We may change billing procedures and Fees as agent for our developer partners, by updating the billing application, regardless of any notice to you. By giving a payment method, you (i) confirm that you are authorized to use the provided payment method, and that the payment information you supply is accurate and true; (ii) authorize us, as agent for our developer partners, to use your payment method to charge you for the Services; and (iii) authorize us to charge you for any feature of the Services which are paid and that you decide to sign up for, as agent for our developer partners. As agent for our developer partners, we may bill you (a) at the time of purchase; (b) shortly after purchase; or (c) in advance, at our sole discretion. Within 120 days after an error first appears on your bill, you must inform us for an investigation to occur promptly. 120 days from the first appearance of the error, neither we nor our developer partners (i) will be liable for any loss that arises from the error and (ii) will be compelled to provide a refund or correct the error. If a billing error is identified by we or our developer partners, it will be corrected within 90 days. All reasonable costs must be paid for by you that we, as agent for our developer partners, incur to collect any past due amounts, including without limitation reasonable legal fees and costs and attorneys’ fees.
8.4. Bonus Funds. You could be given bonus credits and/or funds if you are a CashPlayer (“Bonus Funds”). Bonus funds can not be withdrawn or utilized for any other Service, but can be used to enter Cash Competitions. When entering a Cash Competition, US$0.01 (one U.S. cent) of Bonus Funds will be used to enter the competition out of every US$0.10 (ten U.S. cents) spent on the entry fee for the Cash Competition entry fee. Notwithstanding the foregoing, if the only currency in your account is Bonus Funds, additional Bonus Funds will be used to enter Cash Competitions. Any Bonus Funds that used to pay the entry fee will be given back to you upon winning a Cash Competition, and any other winnings on top of your entry fee will be paid in U.S. Dollars. You will forfeit all of the Bonus Funds in your Account should you begin a withdrawal of funds from your Account. All Bonus Funds in your account will be relinquished should you not enter a Cash Competition within a continuous 60 day time period.
8.5. Withdrawals. You may request a withdrawal of funds from your Account balance at any time if you are a Cash Player. Bonus Funds and Digital Assets may not be withdrawn. The payment method used to make your deposit will be by refund to the payment method used to make your deposit or check, and may take up to ninety (90) days. However, as agent for our developer partners, we may delay a request for withdrawal of funds and/or freeze your Account pending completion of any investigation of suspected or reported Abuse, verification of eligibility or to comply with Applicable Laws. For withdrawals of less than $10.00, a check request processing fee of up to $2.00 may be assessed.
8.6. Closing Accounts; Forfeiture of Funds. Subject to the terms of Section 8.5, if you close your Account, your Account funds will be returned. Funds in your Account may be forfeited and not returned to you should your Account be terminated or unilaterally closed for cause as allowed in these Terms. In accordance with this Section or Sections 2.1, 4, 7.3, 7.4, 7.5 or 8.9 hereof, if the funds in your account are forfeited, they may be used to defray the costs of enforcement and administration of these Terms, disbursed or allocated such amounts to other Services or donated these funds.
8.7. Account Monthly Maintenance Fee. Should your Account become inactive, as in you have not entered at least one (1) tournament for six (6) continuous months or more, $2.00 maintenance fee per month may be charged (the “Monthly Maintenance Fee”). You will be given an email after five or more months of inactivity notifying you that if your Account remains inactive for an additional month, the Monthly Maintenance Fee will be taken from your Account each consecutive month that it is still inactive. If you have no funds in your account, your Account will not have The Monthly Maintenance Fee deducted. However, your account may be closed should it have no funds and remain inactive for twelve or more consecutive months.
8.8. Refund Policy. No refunds are given unless required by law.
8.9. Winnings. Should you be eligible to receive Winnings, as an agent for our developer partners, we may require you to provide proof that you are or were, when engaging in the subject Competition, eligible to enter as per the Terms, and also that you were in accordance with these terms while participating. You will not receive the winnings should you not provide proof to our developer partners’ reasonable satisfaction. As agent for our developer partners, we may require return of or reverse the payment, if you receive a payment in error. In our capacity as agent for our developer partners, you acknowledge that you will cooperate with our efforts to do so. In order to adjust for a previous overpayment, we may also reduce payment to you.
8.10. Credit Card/PayPal Use. Upon paying for any fees by credit card, you represent that you are the authorized user of said credit card. Should your credit card be canceled or expire for any reason, you must notify us of any charges to your credit card number. Loss caused by unauthorized use of your credit card or other payment method by a third party (like PayPal) in connection with the Services are not our liability. Immediate forfeiture of Winnings, termination of your Account, and pursuit of criminal prosecution and/or civil litigation will come as a result of any attempt to defraud through credit cards or other payment methods, regardless of the outcome, or a failure by you to honor legitimate requests for payment or charges.
8.11. Taxes. Should your Winnings total $600 or more in any given calendar year, we, as agent for developer partners, may send you an IRS Form W-9 and 1099-MISC or other appropriate form if you are a U.S. resident. We may also send you other additional state or federal tax forms, depending on the state in which you reside. As agent for our developer partners and without limiting the foregoing, we may withhold from future winnings and/or your existing Account balance any amount required to be withheld by Applicable Laws, including amounts due as a result of your failure to properly complete relevant tax documentation, but solely you are responsible for paying all state, federal and other taxes in accordance with all Applicable Laws.
9. COPYRIGHT COMPLAINTS
The Digital Millennium Copyright Act (DMCA) provides copyright owners who believe that their rights under the United States copyright law have been infringed by acts of third parties over the Internet with ways to protect their rights. Should you believe that your copyrighted work has been copied without your permission and is accessible in the Services in a way that may be copyright infringement, you may send notice of your claim to the designated agent listed below. To have your notice be considered effective, the following information must be included:
10. PROPRIETARY RIGHTS
10.1. Your Content. You give us a worldwide, unrestricted, perpetual, royalty-free license to copy, use, publish, modify, distribute, perform, publish, display and transmit any and all materials, communications, information and content which you submit to us or our developer partners, subject to these Terms. This is either through or directly from the Services, Website or Software (“Content”), and you waive any moral rights you may have in Content. Subject to these Terms, any material or communication you transmit to us, including any questions, data, suggestions, comments or the like, will be treated by us and our developer partners as non-proprietary and non-confidential. Subject to these Terms, we and our developer partners, for any purpose, may use Content without any accounting, compensation, or other obligation or liability to you. You are breaching these terms should you share or use Content in a manner that infringes on others’ trademarks, copyrights, or other private rights or intellectual property rights, You warrant and represent to us and our developer partners that you have (and will have) for the duration of these Terms, all the rights needed for the Content you share or upload on the services and that the use of Content, as in this Section, is not in violation of any Applicable Laws. We and our developer partners may delete your Content from our servers should your Account be terminated or cancelled, and we would be under no obligation to return Content to you.
10.2. Software License. Subject to these Terms, we grant to you a nonexclusive, personal, limited, non-assignable, non-transferable, non-sublicensable, limited license to run and install the Software, in object code format only, on a Device controlled or owned by you, solely for the use of using and accessing the Services as per these Terms, and for only as long as your Account is open. You recognize that you are receiving licensed rights only. You are not permitted to network the Software among devices. You are not permitted to, indirectly or directly, or through authorizing any entity or person: (i) decompile, reverse engineer, re-engineer, disassemble or otherwise create or attempt to permit or create, assist or allowallow or assist others to create the source code of the Software or its structural framework; (ii) create derivative works of the Software; (iii) use the Software in part or in whole for any use except as provided expressly herein; or (iv) circumvent or disable any access control or related device, procedure or process established with respect to the Software. You recognize that you have access to enough information so that you do not need to reverse engineer the Software in any way to allow other information or products to interoperate with the Software. The use of all Software under your control or possession is your responsibility.
10.3. Ownership. All content of GoodGamer services and products, the Website, all GoodGamer symbols, logos, expansion symbols and names, trade dress or “look and feel”, play level symbols, all Digital Assets and those portions of the Software and Services which are GoodGamer’s property, as well as all modifications or derivative works of any of the foregoing, and all underlying and related intellectual property (including without limitation trademarks, patents, copyrights and trade secrets), are our exclusive and sole property. We reserve all rights not expressly granted herein. Except as expressly set forth herein, no license or right is granted hereunder, implied or express by way of estoppel, to any intellectual property rights and your use of Software and/or Services does not imply or convey the right to use the Software or Services in combination with any other products or information.
11. TERM AND TERMINATION
These Terms apply to us and to you from the date that you accept them as provided above, until your Account is terminated (whether by cancellation, deactivation, closure, termination or expiration by us or you.) At any time and for any reason you may terminate these Terms by going to the web page of your Account and following the account closure process. You must immediately discontinue use of the Services and the Software and your Account upon termination, and promptly delete and uninstall all copies of the Software. All rights and licenses granted to you under these Terms terminate automatically upon termination of your Account, and you automatically forfeit the right to use Digital Assets. Surviving any termination of these Terms is your obligation to pay accrued Fees.
We strive to keep Services up and running in conjunction with our developer partners; however, all online services suffer occasional outages and disruptions, and we are not liable or responsible for any loss or disruption you may suffer as a result. We recommend that you regularly backup content that you store on the Services.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL PRODUCTS, SERVICES, DATA AND INFORMATION MADE AVAILABLE OR PROVIDED BY US OR OUR DEVELOPER PARTNERS (INCLUDING WITHOUT LIMITATION SOFTWARE AND DIGITAL ASSETS) ARE “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER IMPLIED OR EXPRESSED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY, AND YOU ASSUME THE ENTIRE RISK WITH RESPECT THERETO. WE MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE THAT YOUR ACCOUNT, SERVICES, THE WEBSITE, SOFTWARE, AND/OR DIGITAL ASSETS WILL BE VIRUS-FREE, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SAME WILL PROPERLY FUNCTION IN COMBINATION WITH ANY THIRD PARTY TECHNOLOGY, COMPONENT, HARDWARE, SYSTEM OR SOFTWARE .
We are not liable or responsible for any injury, loss or damage relating to, resulting from, or arising out of (1) access, use or attempted access or use of Digital Assets, Services, the Website or the Software; (2) downloading any information from the Website, Services or Software; and/or (3) violations of these Terms by other users. We are under no no responsibility to enforce these terms for the benefit of any user.
The foregoing disclaimer may not concern you in its entirety should you reside in a state which does not permit the disclaimer of implied warranties.
13. LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, NEITHER WE, NOR OUR SUPPLIERS, DEVELOPER PARTNERS OR LICENSORS, WILL BE LIABLE TO ANY THIRD PARTY OR YOU FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE (INCLUDING, WITHOUT LIMITATION, LOST DATA, LOST PROFITS OR LOSS OF GOODWILL) OR INCIDENTAL DAMAGES, RELATING TO OR ARISING OUT OF THESE TERMS, THE WEBSITE OR ANY INFORMATION, PRODUCTS, SERVICES OR SOFTWARE MADE ACCESSIBLE OR AVAILABLE TO YOU, WHETHER BASED ON A WARRANTY, CLAIM OR ACTION OF CONTRACT, NEGLIGENCE, BREACH OF ANY STATUTORY DUTY, STRICT LIABILITY OR OTHER TORT, CONTRIBUTION OR INDEMNITY OR OTHERWISE, EVEN IF WE OR OUR DEVELOPER PARTNERS, THIRD PARTY SUPPLIERS OR LICENSORS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH LIABILITY.
OUR MAXIMUM LIABILITY TO YOU ARISING OUT OF OR CONNECTED TO THESE TERMS IN ANY WAY SHALL NOT EXCEED U.S. $50.00, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. OUR LIABILITY WILL NOT BE INCREASED BY THE EXISTENCE OF ONE OR MORE CLAIMS BY YOU. OUR DEVELOPER PARTNERS, SUPPLIERS OR LICENSORS SHALL, IN NO EVENT, HAVE ANY LIABILITY ARISING OUT OF OR CONNECTED IN ANY WAY TO OUR PRODUCTS, SERVICES OR INFORMATION.
The exclusions and limitations set forth in this Section may not concern you, should you reside in a jurisdiction which does not allow limitations of liability for consequential, incidental or certain other types of damages.
14. DISPUTE RESOLUTION AND ARBITRATION
14.1. General. This Section applies to any Dispute, not including Disputes relating to the validity or enforcement of our intellectual property rights. The term “Dispute” means any action, dispute or other controversy between you and us in regard to the Services, the Terms, or any product, information or service made available to you, whether in warranty, contract, tort, regulation, statute, ordinance or any other legal or equitable basis. The broadest possible meaning allowable under law will be given to “Dispute”. In the event of a Dispute, we or you must give the other a Notice of Dispute. A Notice of Dispute is a written statement which sets forth the address, name, and contact information of the party providing it, the facts giving rise to the Dispute, and the requested relief. Any Notice of Dispute we send to you will be through U.S. Mail to your address should we have it, or to your email address. Within sixty (60) days from the date the Notice of Dispute is sent, you and we will attempt to settle any Dispute through informal negotiation. Either you or we may begin arbitration once sixty (60) days have passed. Should the Dispute meet the requirements to be heard in a small claims court in the country in which you reside, you may litigate any Dispute in small claims court. You may litigate in small claims court regardless of whether you negotiated informally first.
14.2. Binding arbitration. If you and we do not resolve any Dispute in small claims court or through informal negotiation, all other efforts to resolve the Dispute will be exclusively conducted by binding arbitration as per this Section. Instead, all Disputes will be resolved in front of a neutral arbitrator, whose decision will be final except for under the Federal Arbitration Act, which gives a limited right of appeal. The arbitrator’s award may be enforced by any court with jurisdiction over the parties.
14.3. Class action waiver. All proceedings to litigate or resolve any Dispute in any forum will be conducted solely on an individual basis, to the fullest extent permitted under applicable law. Neither you nor we will attempt to have any Dispute heard in any other proceeding in which either party acts or proposes to act in a representative capacity as a class action. No proceeding or arbitration will be merged with another without the prior written consent of all parties to all affected proceedings or arbitrations. If this waiver is found to be unenforceable or illegal as to some or all parts of a Dispute, then it will not apply to those parts. Instead, those parts will be seperated and continue in a court of law, with the remaining parts continuing in arbitration.
14.4. Arbitration procedure. If you are located within Canada, the United States, the United Kingdom or the European Union, or any of their territories, then all arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules. You and we each agree that arbitration will commence only in Delaware, USA. You may request an in-person or telephonic hearing by following the AAA rules. Any hearing will be telephonic in a Dispute involving $10,000 or less, unless there is good cause to hold an in-person hearing instead, as per the arbitrator. Should you be located in a country other than listed above, the International Court of Arbitration of the International Chamber of Commerce (ICC) will conduct arbitration pursuant to UNCITRAL rules, and the arbitration shall be held in English using terms in English, not a translation. Both parties hereby agree to the broadest scope admissible under applicable Laws in accordance with this arbitration agreement, and that interpretations will be in a non-restrictive manner. The same damages may be awarded to you individually by an arbitrator just as a court could. The arbitrator may award injunctive or declaratory relief only to you individually, and only as far as is required to satisfy your individual claim. These Terms govern only as far as they conflict with the commercial rules of the arbitrators. Compensatory damages may be awarded by the arbitrator, but they shall NOT be authorized to award non-economic damages, such as for pain and suffering, emotional distress, or indirect or punitive, consequential or incidental damages. Attorneys’ fees, disbursements, and costs arising out of the arbitration will be beared by each party, and shall pay an equal share of the costs and fees of the AAA and arbitrator; however, the prevailing party may awarded reimbursement of the fees and costs of the arbitrator and/or its reasonable attorneys’ costs and fees (including, for example, expert witness fees travel expenses) by the arbitrator. Within fifteen (15) calendar days from the arbiration’s conclusion, the arbitrator shall issue a written statement and a written award. The written statement will describe the material factual conclusions and findings on which the award is based, including the calculation of any damages awarded. Any court of competent jurisdiction may enter upon judgment of the award. The right to commence any judicial proceeding or action in connection with a dispute hereunder is waived by the parties, except for purposes of: (i) enforcement and/or recognition of the arbitration award or other decisions by the arbitral tribunal, (ii) requiring the other party to engage in the arbitration proceedings, (iii) requesting any type of interim or conservative measure in connection with the dispute from before the to the construction of the arbitral tribunal, (iv) requesting the appearance of experts and/or witnesses, and/or (v) requesting that any documentation and/or information discovery be observed. You understand that, by agreeing to this binding arbitration provision, you are waiving certain protections and rights which may otherwise be available if a Dispute or claim were determined by litigation in court, including, without limitation, the right to a jury trial, the right to obtain or seek certain types of damages excluded by this arbitration provision, certain rights of appeal, the right to invoke formal rules of evidence and procedure, and the right to, as a class member in any representative or class proceeding, bring a claim.
14.5. Claims or Disputes. All claims or disputes are required to be filed within one year. Any Dispute or claim under these Terms must be filed within one year from the cause of action date, to the extent permitted under applicable law. A dispute or claim which isn’t filed within one year is permanently barred.
14.6. Equitable Relief. You acknowledge that, if these Terms were not specifically enforced, we would be irreversibly damaged. As well as any other remedy we may have at law, our agreement to arbitrate Disputes notwithstanding, we are entitled without proof of damages, bond, or other security, to seek in any court of competent jurisdiction appropriate equitable remedies as per your violation of these Terms.
In compliance with United States Internal Revenue Service regulations, it is GoodGamer’s policy to send an IRS Form 1099-MISC or other appropriate forms to all users who win in the excess ofUS$600 in a given year. GoodGamer may also send you a W-9 and/or additional tax forms dependant on which jurisdiction the user resides in. We maintain the right to withhold any amount needed to be withheld by Applicable laws from your future net winnings and/or your existing Account balance. Paying all federal and other taxes as per the laws that apply in your province, state, local, and/or country of residence remains your sole responsibility.
The agreement between you and us relating to the subject matter hereof is constituted by these Terms, and supersedes all other or prior understandings, arrangements, discussions and negotiations whether written or oral. These Terms may only be altered by us as provided above, and may not be altered by you. Our failure to enforce or require strict performance by you of any provision of these Terms or to make use of any right under them shall not be construed as a relinquishment or waiver of our right to rely upon or assert any such right or provision in that or any other instance. These Terms’ provisions are meant to be severable. If provision of these Terms shall be, for any reason, held unenforceable or void in part or in whole by a court of competent jurisdiction, such conditions will, as to the jurisdiction, be ineffective to the extent of the determination of unenforceability or invalidity without impacting the validity or enforceability thereof in any other jurisdiction or manner and without impacting the provisions of the Terms which remain, which shall continue to be in effect and in full force. The section titles of these Terms have no legal effect and are only for reference. No remedy or right of ours will be exclusive of any other, whether in equity or at law, including without limitation damages injunctive relief, expenses and attorneys’ fees. These Terms may be assigned to you in part or in whole, at any time without notice by us. You may not transfer any rights to use the Software or Services or assign these Terms. You consent to our providing to you, via the address or email that you specified when you created your Account, notifications about the information or Services the law requires us to provide. When the email containing a notice is sent, it is deemed given and received. You must terminate your Account should you not consent to electronically receive notices. These Terms are only for our and your benefit, and not for the benefit of any other individual, except for our assigns and successors.
A printed version of any notice given in electronic form and these Terms will be admissible in administrative or judicial proceedings relating to or based upon these Terms to the same scope and subject to the same conditions as other records and business documents and initially created and maintained in printed form.
We ask that any comments or questions, including those unrelated to copyright infringement, be sent to: support AT goodgamer DOT gg.
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