PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Effective date: December 21, 2021
Welcome to game.tv. Please read on to learn the rules and restrictions that govern your access to and use of our game.tv mobile eSports gaming app (the “App”) and platform (together with the App, the “Platform”) and use of our website, products, services and applications (together, the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at [email protected].
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the game.tv website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13, and other applicable privacy laws place certain restrictions on collecting personally identifiable information from children under 16. We do not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at [email protected].
What are the basics of using game.tv?
Users must register to use the Services. In addition, you may be required to register a nickname, e-mail address, password, etc., or an ID and password issued by a third party designated by us, at game.tv (hereinafter referred to as "Registration Information").
You promise to provide us and/or the third party with accurate, complete, and updated Registration Information about yourself. You may not select as your Registration Information a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. If we decide that the information you registered when using game.tv is invalid or inappropriate, as solely determined by game.tv, we reserve the right to remove the Registration Information.
You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity.
You will only use the Services for your own personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including game.tv);
(b) Violates any law or regulation, including any applicable export control laws;
(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(d) Jeopardizes the security of your game.tv account or anyone else’s (such as allowing someone else to log in to the Services as you);
(e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;
(f) Violates the security of any computer network, or cracks any passwords or security encryption codes;
(g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
(h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
(i) Copies or stores any significant portion of the Content;
j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
The tournaments that are held using the game.tv Platform will be organized and operated by unaffiliated third-party organizers (“Organizers”) in accordance with the tournament rules in place for the individual tournaments. Users may participate in a tournament after confirming their adherence to the specific tournament rules.
The Organizers shall take any action that they consider appropriate, such as correction, addition, change, suspension, cancellation, termination, etc., of the contents of the Services (including an on-going event) for any reason. For clarity, game.tv does not run or sponsor individual tournaments.
About game.tv Promotions
game.tv may sponsor promotions related to the above tournaments which will be run in accordance with the applicable promotion rules as published by game.tv for each promotion.
game.tv may provide prizes to users as determined in the promotion rules. The promotion rules may provide requirements for claiming prizes such as requiring verification of identity, a limited period of time for the user to claim the promotion prize and/or other requirements and restrictions.
ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY GAME.TV. GAME.TV’S DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF THE PROMOTION, ANY CHANGES TO THE OFFICIAL RULES, AND THE SELECTION OF POTENTIAL PRIZE WINNERS ARE FINAL AND BINDING AND NOT SUBJECT TO CHALLENGE OR APPEAL.
About game.tv NFTs
game.tv may make available NFTs (non-fungible tokens) that you may acquire and use on the Platform as part of your enjoyment and use of the Services. Terms regarding the creation, purchase and use of NFTs can be found below and on the NFT screens and pages of the Platform.
What are my rights in game.tv?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, NFTs User Submissions, and so forth (all of the foregoing, the “Content”) are owned by game.tv or its licensors and are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including game.tv’s) rights.
You understand that game.tv owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
Do I have to grant any licenses to game.tv or to other users?
For all User Submissions, you hereby grant game.tv a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, then you grant game.tv the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all game.tv users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services by any means and through any medium now known or hereinafter used.
In connection with your User Submissions, use of the Services and/or your appearance or participation in game.tv events, tournaments and promotions, as part of the licenses above you grant game.tv a license and consent to the worldwide use and exploitation of of your name, likeness, voice, image, photograph, nicknames, initials, tags, logo, animation, avatar, caricatures, signature, mannerisms, traits, speech, phrases, video or film portrayal, public persona, and other unique personal characteristics (your “Likeness”) in connection with the Services. You and your heirs hereby irrevocably waive and release game.tv, its licensees, successors and assigns from any and all claims related to use of your Likeness in accordance with these Terms.
You agree that the licenses you grant are royalty-free, perpetual, sub-licensable, transferable, irrevocable and worldwide, provided that when you delete your game.tv account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that Content from game.tv’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.
Finally, you understand and agree that game.tv, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
What if I see something on the Services that infringes my copyright?
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like game.tv, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content or activity, click here. To learn more about the DMCA, click here.
Who is responsible for what I see and do on the Services?
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
Portions of the Services that include access to YouTube videos and other content utilize YouTube’s API Services, so when you access or view any YouTube content through the Services, you also agree to be bound by the YouTube API Terms of Service available here: https://www.youtube.com/t/terms.
game.tv has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, game.tv will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
Your interactions with organizations and/or individuals found on or through the Services are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that game.tv shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that game.tv is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release game.tv, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor released party."
Will game.tv ever change the Services?
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Does game.tv cost anything?
Many of our Services are currently free. We reserve the right to require payment of fees for certain or all Services. To the extent that certain of our Services may be subject to payments now or in the future (the “Paid Services”), the following terms apply:
Billing. We use a third-party payment processor, such as Apple App Store or Google Play Store, (the “Payment Processor”) to bill you through a payment account linked to your game.tv account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for errors by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider or source (your “Payment Method”). You agree to make payment using that selected Payment Method.
If the Payment Processor identifies or we otherwise believe that your transaction may pose an unacceptable level of risk, that you have breached these Terms, or that your account has been compromised, they may take various actions to avoid liability and reduce potential fraud and disputes.
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Current Information Required. You must provide current, complete and accurate information for your billing account to the Payment Processor. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date) through your game.tv account, and you must promptly notify our payment processor if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password.
No Refund or Cancellation. Except as required by Google Play Store or Apple App Store, all purchases of Paid Services are non-refundable and are non- cancellable once purchased.
What are Gold Coins?
Gold Coins are part of our Services. Please refer to the Gold Coins screens and pages of the Platform for more details about the Gold Coins governed by these Terms.
Paid Coins. You may purchase Gold Coins (“Coins”) through the Coin Store on the Platform. Coins you purchase will be credited to your account within 24 hours. The value that you paid in the local currency for your Coins is a prepayment only for the redemption of items available for redemption on our Platform via the Services. No credit card, credit line, overdraft protection or deposit account is associated with your Coins account. No interest, dividends or any other earnings on funds deposited in your account for Coins will accrue or be paid or credited to you by game.tv. The value associated with your Coins is not insured and cannot be redeemed for cash or cash equivalents. Except in connection with your purchase of NFTs on the Platform or through our NFT Marketplace at nft.now.gg, you may not transfer Coins you purchase to another individual or account in any fashion.
Free Coins. We endeavor to reward you for being a loyal user of our Services through our rewards programs. We may, but have no obligation to, grant you Coins free of charge (such coins, “Free Coins”) in accordance with our rewards program, such as Quick Duels. Please refer to the rewards page(s), such as the Quick Duels page, for more details about the programs. You can redeem the Free Coins you earned for items available for redemption on our Platform via the Services. A Free Coin is not cash or a cash equivalent and cannot be redeemed for cash or cash equivalents. Except in connection with your purchase of NFTs on the Platform or through our NFT Marketplace at nft.now.gg, you may not transfer your Free Coins to another individual or account in any fashion.
We reserve the right to change, modify and/or eliminate Free Coins and the terms applicable thereto at any time upon notice to you (which may be provided through the Services or by modifying these Terms). We reserve the right to terminate your participation in the rewards program if we determine in our reasonable discretion that you have violated these Terms or that the use of your Free Coin is unauthorized, deceptive, fraudulent or otherwise unlawful.
Purchase of Coins. You can pay for Coins by using a payment method accepted at the game.tv application checkout, Holders of any Coins are not sent statements of itemized transactions from us. You can check the balance of your Coins through the Services. We reserve the right not to accept or otherwise limit use of any Coins if we reasonably believe that the use is unauthorized, fraudulent, in violation of these Terms or otherwise unlawful.
No Refund or Cancellation of Coin Purchases. Except as required by Google Play Store or Apple App Store, all purchases of Coins are non-refundable and are non-cancellable once purchased. In the event you dispute a Coin purchase you make or attempt to dispute or chargeback any charge for the Coins with your bank or card provider, we reserve the right to submit your transaction or redemption history as evidence of funds being used to the disputing bank.
We do not charge any fees for the opening, activation or use of your Coins account. The value in your Coins account has no expiration date. Please note, however, that if you have not redeemed the value in your Coins for a certain period of time after such value was added, applicable law may require us to remit such value to the state in which the purchasing user was or is located, or the state in which game.tv is incorporated. This time period will vary from state to state; it may be as short as one year. Accordingly, please remember to use your Coins in a timely manner. You release us from any liability in connection with our compliance with laws applicable in this regard.
What are Tickets?
Tickets are part of our Services. Tickets are provided without charge for use each day to users of the Services. Please refer to the Tickets page for more details about the Tickets rewards program governed by these Terms.
Redemption. You can redeem the Tickets you earned for items available for redemption on our Platform, such as Free Coins, via the Services. A Ticket is not cash or a cash equivalent and cannot be redeemed for cash or cash equivalents. You may not transfer your Tickets to another individual or account in any fashion.
We reserve the right to change, modify and/or eliminate Tickets and the terms applicable thereto at any time upon notice to you (which may be provided through the Services or by modifying these Terms). We reserve the right to terminate your participation in the Tickets program if we determine in our reasonable discretion that you have violated these Terms or that the use of your Tickets is unauthorized, deceptive, fraudulent or otherwise unlawful.
What are Verified Guilds?
Verified Guilds are part of our Services. Please refer to Guilds page for more details about the Verified Guilds program governed by these Terms.
Enrollment. To begin the enrollment process to host and become a Verified Guild administrator, you will complete and submit the online application on the Guilds program page. We may accept or reject your application at our sole discretion at any time. The fact that we approve your application(s) does not imply that we may not re-evaluate your application(s) at a later time, or reject future application(s) for Verified Guilds or Guild programs.
Commission. You may earn a commission based on the number of products, such as Fan Pass, sold on game.tv that are linked to your Verified Guild. Please refer to the Guilds page for more details about the commission available to your Verified Guild. Commissions are paid to the registered administrator account of the Verified Guild per the Guild application. Payment of the commission will be made during the month following the calendar month in which the commission is earned. In the event a refund is granted for a transaction for which a Verified Guild has earned a commission, any commission earned on the refund amount will be deducted from the Verified Guild’s commission balance.
We reserve the right to change, modify and/or eliminate the Guilds program and the terms applicable thereto at any time upon notice to you (which may be provided through the Services or by modifying these Terms). We reserve the right to terminate your participation in the Guilds program, including your Verified Guild(s), if we determine in our reasonable discretion that you have violated these terms or that the use of your Guilds program is unauthorized, deceptive, fraudulent or otherwise unlawful.
WARRANTY DISCLAIMER. ANY AND ALL ITEMS PROVIDED IN CONNECTION WITH PAID SERVICES, IN-APP-PURCHASES, COINS, TICKETS OR GUILD PROGRAMS ARE MADE AVAILABLE ON AN AS IS, WHERE IS BASIS, AND GAME.TV AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, PERFORMANCE, SUITABILITY, AND NON-INFRINGEMENT.
What are NFTs?
NFTs (or non-fungible tokens) are digital tokens that link to specific artwork or other content. On the game.tv Platform, NFTs can link to Content or images of a specific user, gamer, personality or from a particular game available on the Platform. Users can create or “mint” their own NFTs by going to the NFT user dashboard on the Platform (the “NFT Dashboard”).
On the NFT Dashboard, users can use templates and design tools to create and upload artwork that will be linked to the NFT using Content that the user owns or has rights to publish, for example the user’s profile image or avatar. Game developers and publishers can use their game Content to create NFTs based on in-game characters and other game images, for users to enjoy as part of their game.tv experience.
In accordance with your general representation above, when you create and display and/or sell your NFT on the Platform or through our NFT Marketplace at nft.now.gg, you are responsible for ensuring that you have all necessary rights and permissions for the use, display and distribution of the NFT Content, including consent to display the Likeness of any person visible in the Content. For example, you should not create an NFT based on your favorite game characters unless you are the developer or publisher of the game.
NFT creators will be able to make their NFTs available for purchase by other users on Home pages and Club pages on the Platform using game.tv Coins. NFT creators can set the price and other attributes for their NFT on the NFT Dashboard before publishing the NFT. NFT creators will receive a credit in Coins to their game.tv accounts from such purchases. At the creator’s option, Coins received from sales of NFTs it has created and sold on the Platform may be converted to the creator’s local currency during the payout distribution from the transaction.
NFTs created and posted for sale on the Platform will also be automatically posted on our NFT Marketplace at nft.now.gg.
NFT purchasers can display their purchased NFTs on their Home, Club or Profile page on the Platform. However, purchase of an NFT does not convey any copyright or other ownership rights in the Content linked to the NFT.
NFTs may also be traded between users, offered for sale and/or purchased by users on our NFT Marketplace at nft.now.gg. NFTs may not be traded, sold or exchanged outside the Platform or our NFT Marketplace. NFT creators are not permitted to purchase their own NFTs either on the Platform or on our NFT Marketplace.
What if I want to stop using game.tv?
game.tv is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. game.tv has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
What else do I need to know?
Warranty Disclaimer. Neither game.tv nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from game.tv or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY game.tv (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL game.tv (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO GAME.TV IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify and hold game.tv, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without game.tv’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Santa Clara County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Santa Clara County, California, or the Northern District of California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND GAME.TV ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that game.tv may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and game.tv agree that these Terms are the complete and exclusive statement of the mutual understanding between you and game.tv, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of game.tv, and you do not have any authority of any kind to bind game.tv in any respect whatsoever. You and game.tv agree there are no third-party beneficiaries intended under these Terms.