Terms Of Service

  1.  

    Introduction

     

    1. Game With Me, Inc., a Delaware corporation (the “Company”), welcomes you to the video game streaming platform GameWithMe.com (the “Platform”), which consists of the website available at https://www.gamewithme.com and its network of websites, software, applications, and any other products or services offered through the Platform (the “Services”). Other services offered by the Company may be subject to separate terms.

      It is important to the Company that you and other visitors have the best possible experience while using the Platform, and that, when you use the Platform, you understand your legal rights and obligations. Please carefully read this terms-of-service agreement, which is a binding agreement between you and the Company that governs your access to and use of the Platform, including the Services. You may access the Platform only if you agree to this agreement.

      This agreement applies to all users of the Platform, whether you are a “visitor” or a “registered user.” By checking the appropriate box during registration or otherwise registering, downloading, accessing, or using the Services or by purchasing products, services, or digital content, including any purchases made as a gift to another user, you are entering into a legally binding agreement between you and the Company regarding your use of the Services. You acknowledge that you have read, understood, and agree to be bound by this agreement. If you do not want to agree to this agreement, do not access or otherwise use any of the Services.

      When using or opening an account with the Platform on behalf of an entity, you state that you: (a) are an authorized representative of that entity with the authority to bind that entity to this agreement and grant the licenses granted in this agreement; and (b) agree to this agreement on behalf of that entity.

      The Company may change this agreement on one or more occasions by updating this page. The top of this page will tell you when the Company last updated this agreement. Changes take effect on the “Last Updated” date stated on the top of this page. Changes will not operate retroactively. The Company will try to let you know when it changes this agreement if it can do so in a reasonable way. But you should frequently check this page to make sure that you are operating under the most current version of this agreement. The Company will consider your continued use of the Platform or the Services after it posts the changes as your acceptance of the changes even if you do not read them. If you do not agree to the changes, your sole remedy is to stop accessing the Platform or using the Services.

      If you have any questions about this agreement or any questions or comments about the Platform, please email the Company at info@gamewithme.com.

  2.  

    Use of Platform by Minors and Banned Persons

     

    1. Only persons who are at least 18-years old and who have reached the age of majority where they live may access the Platform. The Services are not available to persons under 18-years old.

      The Services are also not available to any users previously banned from the Platform by the Company. Nor are the Services available to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.

      By downloading, installing, or otherwise using the Services, you state that you are at least 18-years old and that you have not been previously removed or prohibited from receiving the Services.

  3.  

    Accessing the Platform

     

    The Company may withdraw or amend this Platform, and any service or material it provides on the Platform, in its sole discretion without notice. The Company will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, the Company may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Platform.

  4.  

    Your Account

     

    1.  

      Account Creation.

      To access many of the Platform’s features, you must create an account. Registration is free and for a single user only. To register, you must complete the registration process by providing the Company with accurate information as prompted by the applicable registration form. You also must choose a password and a username. The username must not be offensive and must not infringe another person’s service mark, trademark, or trade name.

       

    2.  

      Responsibility for Account.

      You are responsible for keeping your password and account confidential. Further, you are responsible for all activities that occur under your account. You must notify the Company promptly of any unauthorized use of your account or any other security breach. You must not sell, rent, lease, share, or provide access to your account to anyone else, including charging anyone for access to administrative rights on your account. The Company may disable any username, password, or other identifier, whether chosen by you or provided by the Company, at any time in its sole discretion for any reason or no reason, including if, in the Company’s opinion, you have violated any part of this agreement.

       

    3.  

      Liability for Account Misuse.

      The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by the Company or another party due to someone else using your account or password.

       

    4.  

      Use of Other Accounts.

      You must not use anyone else’s account at any time.

       

    5.  

      Account Security.

      The Company cares about the integrity and security of your personal information. But the Company cannot guarantee that unauthorized third parties will never be able to defeat the Platform’s security measures or use any personal information you provide to the Company for improper purposes. You acknowledge that you provide your personal information at your own risk.

       

    6.  

      Communication Preferences.

      By registering for an account, you consent to receiving electronic communications from the Company relating to your account. These communications may involve sending emails to your email address provided during registration or posting communications on the Platform and will include notices about your account (e.g., change in password, confirmation emails, and other transactional information) and are part of your relationship with the Company. You acknowledge that any notices, agreements, disclosures, or other communications that the Company sends to you electronically will satisfy any legal communication requirements, including that these communications be in writing. The Company recommends that you keep copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from the Company, including newsletters about new features and content, special offers, promotional announcements, and customer surveys via email or other methods. If you no longer want to receive certain non-transaction communications, please review the Privacy Policy.regarding opting out of marketing communications.

       

  5.  

    Intellectual-Property Rights

     

    1.  

      Ownership.

      The Company owns and operates the Platform. Unless otherwise indicated, all content, information, and other materials on the Platform (excluding User Contribution, set out in section 7 below), including the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement of them (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials contained on the Platform are the property of the Company or its subsidiaries or affiliated companies or third-party licensors.

       

    2.  

      License Grant.

      The Company hereby grants you a limited, non-sublicensable license (i.e., a personal and limited right) to access and use the Platform and the Services for your personal use or internal business use only. You must not reproduce, distribute, resell, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Materials on the Platform, except as follows:

       

      1. Your computer may temporarily store copies of those Materials in RAM incidental to your accessing and viewing those materials.

      2. You may store files that are automatically cached by your Web browser for display enhancement purposes.

      3. You may print or download one copy of a reasonable number of pages of the Platform website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.

      4. You may download or stream any Materials to which you have properly gained access solely for your personal, noncommercial use and not for further reproduction, publication, or distribution.

      5. If the Company provides desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, on condition that you agree to be bound by the Company’s end user license agreement for those applications.

      6. If the Company provides social media features with certain content, you may take those actions as are enabled by those features.

    3.  

      License Restrictions

       

      1. You must not:

        1. Modify copies of any Materials from the Platform.

        2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

        3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform.

      2. You must not access or use for any commercial purposes any part of the Platform or the Services or Materials available through the Platform unless the Company agrees otherwise in writing.

      3. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Materials in breach of this agreement, your right to use the Platform will stop immediately and you must, at the Company’s option, return or destroy any copies of the Materials you have made. No interest in or to the Platform or any content on the Platform is transferred to you, and the Company reserves all rights not expressly granted. Any use of the Platform not expressly permitted by this agreement is a breach of this agreement and may violate copyright, trademark, and other laws.

    4.  

      Trademarks.

      The Company’s name; the term GAMEWITHME; the Company logo; and all related names, logos, product and service names, designs, and slogans, as well as the look and feel of the Platform, including all page headers, custom graphics, button icons, and scripts are trademarks or trade dress of the Company or its affiliates or licensors. You must not use those marks in whole or in part in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company, without the Company’s prior written permission. Any use of these trademarks must be in accordance with any guidelines that the Company may provide you from time to time. All other trademarks, names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners. Reference on the Platform to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation of it by the Company or any other affiliation.

       

  6.  

    Prohibited Conduct

     

    1. You may use the Platform only for lawful purposes and in accordance with this agreement. You must not violate any law, contract, intellectual property, or other third-party right or commit a tort. You are solely responsible for your conduct while on the Platform.

    2. You will comply with this agreement and the Platform’s Community Guidelines and will not:

      1. create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;

      2. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Platform accounts of others without permission; forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted via the Services; or perform any other similar fraudulent activity;

      3. make unsolicited offers, advertisements, proposals, or send junk mail or spam to users of the Services, including unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities;

      4. harvest or collect the email addresses or other contact information of other users from the Platform;

      5. defame, harass, abuse, threaten, or defraud users of the Platform, or collect, or attempt to collect, personal information about users or third parties without their consent;

      6. remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Platform or User Contributions (as defined below), features that prevent or restrict use or copying of any content accessible through the Platform, features that enforce limitations on the use of the Platform or User Contributions, or delete the copyright or other proprietary rights notices on the Platform or User Contributions;

      7. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Platform or any part of it, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;

      8. modify, adapt, translate, or create derivative works based on the Platform or any part of it, except and only to the extent that this activity is expressly permitted by applicable law despite this limitation;

      9. interfere with or damage operation of the Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;

      10. relay email from a third party’s mail servers without the permission of that third party;

      11. access any website, server, software application, or other computer resource owned, used, or licensed by the Company, including the Platform, by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures the Company may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used, or licensed by the Company, including the Platform;

      12. manipulate identifiers to disguise the origin of any User Contribution transmitted through the Platform;

      13. interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies, or regulations of networks connected to the Platform; use the Platform in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Platform, or that could damage, disable, overburden, or impair the functioning of the Platform in any way;

      14. use or attempt to use another user’s account without authorization from that user and the Company;

      15. attempt to circumvent any content filtering techniques the Company employs or attempt to access any service or area of the Platform that you are not authorized to access;

      16. attempt to indicate in any manner that you have a relationship with the Company or that the Company has endorsed you or any products or services for any purpose; and

      17. use the Platform for any illegal purpose or in violation of any local, state, national, or international law or regulation, including laws governing intellectual property and other proprietary rights, data protection, and privacy.

  7.  

    User Contributions

     

    1.  

      In General.

      The Company allows users to distribute streaming live and pre-recorded audio-visual works, to use services, such as chat, bulletin boards, forum postings, wiki contributions, voice interactive services, and to participate in other activities (collectively,“Interactive Services” ) in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code, or other data or materials on the Platform (collectively, “User Contributions”). All User Contributions must comply with the Content Standards stated in section . Any User Contribution you post to the Platform will be considered nonconfidential and nonproprietary.

       

    2.  

      License to Company

       

      1. Unless otherwise agreed to in a written agreement between you and the Company, if you submit, transmit, display, perform post, or store User Contributions using the Platform, you hereby grant the Company and its affiliates and service providers, and each of their and the Company’s respective licensees, successors, and assigns, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sublicensable, nonexclusive, and royalty-free license to (i) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display those User Contributions (including for promoting and redistributing all or part of the Services (and derivative works of them)) in any form, format, media, or media channels now known or later developed or discovered; and (ii) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with those User Contributions. Should those User Contributions contain the name, identity, likeness, and voice (or other biographical information) of third parties, you state that you have obtained the appropriate consents and licenses for your use of those features and that the Company and its affiliates and service providers, and each of their and the Company’s respective licensees, successors, and assigns are allowed to use them to the extent indicated in this agreement.

      2. With respect to streaming live and pre-recorded audio-visual works, the rights granted by you under this agreement terminate once you delete those User Contributions from the Platform or generally by closing your account, except (i) if you shared it with others as part of the Services and others copied or stored parts of the User Contributions (e.g., made a clip); (ii) the Company used it for promotional purposes; and (iii) for the reasonable time it takes to remove from backup and other systems.

    3.  

      User Contributions Representations and Warranties.

       

      You acknowledge that you are solely responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for that content, including its legality, reliability, accuracy, and appropriateness. The Company is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user. You state that: (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to the Company and its affiliates and service providers, and each of their and the Company’s respective licensees, successors, and assigns; (b) your User Contributions do not and will not (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (ii) defame any other person; (c) your User Contributions do not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (d) unless you have received prior written authorization, your User Contributions specifically do not contain any pre-release or non-public beta software or game content or any confidential information of the Company or third parties.

    4.  

      Content is Uploaded at Your Own Risk.

      The Company uses reasonable security measures to attempt to protect User Contributions against unauthorized copying and distribution. However, the Company does not guarantee that any unauthorized copying, use, or distribution of User Contributions by third parties will not take place. To the furthest extent permitted by applicable law, the Company will not be liable for any unauthorized copying, use, or distribution of User Contributions by third parties and release and forever waive any claims you may have against the Company for any such unauthorized copying or usage of the User Contributions, under any theory. The security measures to protect User Contributions used by the Company are provided and used “as is” and with no warranties, guarantees, conditions, assurances, or other terms that such security measures will withstand attempts to evade security mechanisms or that there will be no cracks, disablements, or other circumvention of those security measures.

       

    5.  

      Promotions.

      Users may promote, administer, or conduct a promotion (a contest or sweepstakes) on, through, or using the Services (a “Promotion”). If you choose to promote, administer, or conduct a Promotion, you must adhere to the following rules:

       

      1. You may carry out Promotions to the extent permitted by applicable law and you are solely responsible for ensuring that any Promotions comply with all applicable laws, obligations, and restrictions.

      2. You will be classified as the promoter of your Promotion in the applicable jurisdictions and you will be solely responsible for all aspects of and expenses related to your Promotion, including the execution, administration, and operation of the Promotion; drafting and posting any official rules; selecting winners; issuing prizes; and obtaining all necessary third-party permissions and approvals, including filing all necessary registrations and bonds. The Company may remove your Promotion from the Services if the Company reasonably believes that your Promotion does not comply with this agreement or applicable law.

      3. The Company is not responsible for and does not endorse or support any such Promotions. You will not indicate that the Company is a sponsor or co-sponsor of the Promotion.

      4. You will display or read out the following in connection with your Promotion: “This is a promotion by [Your Name]. Game With Me does not sponsor or endorse [Your Name]’s promotion and is not responsible for this promotion.”

    6.  

      Endorsements/Testimonials.

      Your User Contributions will comply with the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising, the FTC’s .com Disclosure Guide, the FTC’s Native Advertising Guidelines, and any other guidelines issued by the FTC from time to time (“FTC Guidelines”), as well as any other advertising guidelines required under applicable law. For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the Platform or if you are an employee of a company and you decide to discuss or promote that company’s products or services through the Platform, you must comply with the FTC Guidelines’ requirements for disclosing those relationships. You, and not the Company, are solely responsible for any endorsements or testimonials you may regarding any product or service through the Platform.

       

  8.  

    Monitoring and Enforcement; Termination

     

    1.  

      The Company may:

       

      1. Remove or refuse to post any User Contributions for any or no reason in the Company’s sole discretion;

      2. Take any action with respect to any User Contribution that the Company considers necessary or appropriate in its sole discretion, including if the Company believes that that User Contribution violates this agreement, including the Content Standards stated in section , infringes any intellectual-property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for the Company;

      3. Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Platform; or

      4. Terminate or suspend your access to all or part of the Platform for any reason, including any violation of this agreement.

    2. The Company will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or other information of anyone posting any materials on or through the Platform. You waive and hold harmless the Company and the Company’s affiliates, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either those parties or law enforcement authorities.

    3. The Company does not undertake to review material before it is posted on the Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. The Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section 8.

  9.  

    Content Standards

     

    These content standards and the Platform’s Community Guidelines apply to all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, national, and international laws and regulations. User Contributions must not:

    1. Contain any material that is defamatory, libelous, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

    2. Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

    3. Infringe any copyright, patent, trademark, trade secret, or other intellectual property rights of any other person.

    4. Contain viruses, worms, or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications.

    5. Violate the legal rights (including the rights of publicity and privacy) of any person or contain any material that could give rise to any civil or criminal liability under governing laws or otherwise may be in conflict with this agreement or the Privacy Policy.

    6. Be likely to deceive any person.

    7. Promote or solicit any illegal activity, or advocate, promote, or assist any unlawful act, including promoting or facilitating prostitution of another person, sex trafficking, or human trafficking.

    8. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

    9. Cause any chat screen to “scroll” faster than others are able to type to it or any action to a similar disruptive effect;

    10. Disrupt the normal flow of dialogue in chat or otherwise act in a manner that negatively affects other participants.

    11. Impersonate any person or misrepresent your identity or affiliation with any person or organization.

    12. Involve commercial activities or sales, including non-sanctioned contests, sweepstakes, and other sales promotions, barter, or advertising, including soliciting users for commercial ventures.

    13. Give the impression that they emanate from or are endorsed by the Company or any other person, if this is not the case.

    14. Depict private or personal information of any person.

    15. Request personal information from or share personal information with any user or other person, including financial information, email address, telephone number, or mailing address.

    16. Request money from, or otherwise defraud users of the Platform.

  10.  

    Obligations Under 18 U.S.C. § 2257

     

    You should be aware that, under United States federal law, any visual depictions that you post, share, or perform on the Platform or through the Services that portrays “actual sexually explicit conduct,” “depictions of the genitals or pubic area,” or “simulated sexually explicit activity,” as those terms are defined in 18 U.S.C. §§ 2256(2)(A)(i)–(iv) and 2257A, require that you maintain the records listed under 18 U.S.C. § 2257, and any such postings must contain a “18 U.S.C. § 2257 Record-Keeping Requirements Compliance Statement.” Your failure to comply with the provisions of 18 U.S.C. § 2257 may make you subject to criminal and civil prosection for the violation of federal law.

  11.  

    Copyright Infringement

     

    If you believe that any User Contribution violates your copyright, please see the Copyright Policy for instructions on sending the Company a notice of copyright infringement. It is the Company’s policy to terminate the user accounts of repeat infringers.

  12.  

    Third-Party Content

     

    1. n addition to the User Contributions, the Company may provide other third-party content on the Platform (collectively, the “Third-Party Content”). The Company does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including regarding its accuracy or completeness. Please be aware that the Company does not create Third-Party Content, update, or monitor it. Therefore, the Company is not responsible for any Third-Party Content on the Platform.

    2. You are responsible for deciding if you want to access or use third-party websites or applications that link from the Website (“Reference Sites”). The Company does not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites, and makes no representations or warranties of any kind regarding the Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform are solely between you and that advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.

  13.  

    Idea Submission

     

    By submitting ideas, suggestions, documents, or proposals (“Submissions”) to the Company or its employees, you acknowledge that the Company will be entitled to use or disclose those Submissions for any purpose in any way without providing compensation or credit to you.

  14.  

    Changes to the Platform

     

    The Company may update the content on the Platform from time to time, but its content is not necessarily complete or up to date. Any of the material on the Platform may be out of date at any given time, and the Company is not required to update that material.

  15.  

    Information About You and Your Visits to the Platform

     

    For information about how the Company collects, uses, and shares your personal data, please review the Privacy Policy.

  16.  

    Terms of Sale

     

    1.  

      Subscription Service Terms

       

      1. The Company may offer certain ancillary products and services in connection with the Platform on a subscription basis with recurring payments (“Subscription Services”). Subscription Services may renew automatically, with payment due before each renewal. You will pay your subscription fee in advance of receiving any such Subscription Service. The Company reserves the right to discontinue or modify any subscription fee payment option. If the Company discontinues or modifies a subscription payment option, the Company will provide notice of that discontinuance or modification. You must affirmatively consent to the new payment terms to continue receiving the Subscription Services. If you do not affirmatively consent, the Company will cancel your subscription. Also, if you are signing up under any promotional subscription fee, some additional restrictions may apply. These restrictions, if any, will be provided to you before you sign up for the applicable Subscription Service that is subject to the promotion.

      2. You are responsible for all charges incurred under your account. The Company may deactivate Subscription Services to your account if payment is past due, regardless of the dollar amount.

    2.  

      Subscription Service—Automatic Payments

       

      1. If you choose a Subscription Service (including any pre-paid subscription option, gift subscriptions, or channel subscriptions which reverts to a monthly payment plan at the expiration of the pre-paid period), you hereby grant the Company permission to automatically charge the subscription fee to your chosen payment method at the beginning of each applicable payment period. Your access, or the gift recipient’s access, to the Subscription Services will not be established until the Company has verified that the credit card or other payment information you provided the Company for payment is accurate and that your payment method account is in good standing.

      2. You acknowledge that the Company may charge any other applicable fees for the Platform or ancillary products and services, if disclosed to you in connection with your purchase, to your payment method, including any early termination fee.

      3. You are required to keep your billing information current, complete, and accurate (for example, if you move, be sure to update your billing address; if you get a new credit/debit card, make sure you update the card number and expiration date) and notify the Company if your selected payment method is cancelled (e.g., for loss of theft).

      4. The Company may suspend or terminate your access to any Subscription Service that is part of the Platform without notice on rejection of any charges or if your payment method (or its agent or affiliate) seeks return of payments previously made to the Company when the Company believes you are liable for the charges.

    3.  

      Cancellation of Subscription Services.

      You may choose not to renew your Subscription Service at any time. For Subscription Services, you may choose to not renew by selecting the “Do Not Renew” option under your subscription settings on the Platform or by contacting customer support via email at support@gamewithme.com. Your cancellation is effective at the end of the current subscription term.

       

    4.  

      Refund Policy.

      When you make or receive the gift of a purchase on the Platform you have immediate access to, and use of, the ancillary products and services you have purchased. Accordingly, except as detailed in this agreement, you lose your right to cancel once you have made your purchase, and the Company does not offer any refunds or credits, including fees for Subscription Services. The Company reserves the right to modify this refund policy as stated below at any time.

       

    5.  

      Payment Method and Terms

       

      1. The Company currently accepts major credit cards, certain debit cards, and any other payment methods that the Company may make available to you from time-to-time through the Platform, as forms of payment. You are subject to all terms of the payment method you choose. By submitting an order through the Platform, you authorize the Company, or its designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars, except where other currencies are offered via the payment methods made available by the Company.

      2. The Company’s payment processing partners may request that you provide certain personal data (e.g., a valid government issued ID, your legal name, address, and date of birth) for the purpose of making payment through its financial institutions and complying with any federal and state laws and regulations. They may also communicate directly with you regarding any issues with a payment.

      3. If a purchase has been declined due to issues with your payment method, please ensure all data is correct and resubmit. If the transaction is still not accepted, please contact customer support at support@gamewithme.com.

      4. The Company may impose an additional transaction fee based on transactions associated with the Platform, including a transaction fee applied to purchases from third parties. That transaction fee will be disclosed to you before your consummation of the relevant transaction.

    6.  

      Delivery.

      With respect to ancillary products and services you purchase in connection with the Platform, you acknowledge that on making those ancillary products and services available to you (or to their intended authorized recipients), the Company will have fully satisfied its obligation to deliver or otherwise provide those products, services, or digital content, regardless of any failure or inability to use those products, services, or digital content.

       

    7.  

      Service Descriptions and Availability; Errors

       

      1. The Company and its suppliers and licensors continually upgrade and revise the Platform to provide you with new ancillary products and services. The Company may revise, discontinue, or modify ancillary products and services at any time without prior notice to you, and ancillary products and services may become unavailable without notice. The Company will have no liability of any kind if an ancillary service that has been ordered is unavailable. If necessary, the Company reserves the right to cancel an order or substitute an ancillary product or service of equal or greater value when a product, service, or digital content is unavailable.

      2. The Company attempts to be as accurate as possible and eliminate errors on the Platform; however the Company does not warrant that any ancillary products and services or description, photograph, pricing, or other information of a product, service, or digital content is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Platform, in an order conformation, in processing an order, delivering an ancillary product or service, or otherwise, the Company reserves the right to correct that error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, the Company may, in lieu of a refund as provided in this paragraph, opt to provide you with a service credit, with a value equal to the amount charged to your payment method. The Company reserves the right to determine and modify from time to time the exact nature of any such service credit, including conversion into one or more different types of ancillary products and services credits. Your sole remedy in the event of that error is to cancel your order and obtain a refund or credit as stated above.

    8.  

      Taxes.

      You are responsible for any applicable national, state, or local sales or use taxes, value added taxes (“VAT”), or similar taxes or fees payable in connection with your purchase of any products, services, or digital content for yourself or as a gift. As the purchaser of a subscription or digital good for another party as a gift, taxes or other fees on that transaction will be calculated based on your country of residence. If you do not pay those sales or other tax or fee on a transaction, you will be responsible for those taxes or fees if they are later determined to be payable on that sale, and the Company reserves the right to collect those taxes or other fees from you at any time.

       

  17.  

    Virtual Money.

    The Services may include a virtual, in-app currency (“Virtual Money”) including coins, cash, tokens, or points, that may be purchased from the Company for “real-world” money if you are a legal adult in your country of residence. Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Virtual Money as part of the Services, you have no right or title in or to any Virtual Money appearing or originating in the Services, or any other attributes associated with use of the Services or stored within the Services. The Company has the absolute right to manage, regulate, control, modify, or eliminate that Virtual Money in its sole discretion, and the Company will have no liability to you or anyone for the exercise of those rights. Transfers of Virtual Money are strictly prohibited except where explicitly authorized within the Service. Except as expressly provided in this agreement, you will not sell any Virtual Money for “real-world” money or otherwise exchange those items for value. Any attempt to exchange Virtual Money for actual currency, other than by following the process established by the Company, is in violation of this agreement and may result in a lifetime ban from the Platform and possible legal action. All Virtual Money that has not been purchased directly by you (e.g., tips from other users, program fees, etc.) is forfeited if your account is terminated or suspended for any reason in the Company’s sole discretion or if the Company discontinues providing the Services.

     

  18.  

    Tipping.

    The Company may, but is not required to, permit tipping of age-verified users through the Services. If the Company decides to allow tipping, you acknowledge that:

     

    1. Tipping is done at your own option and risk. Tipping is not required for use of the Services.

    2. Tipping may only be done using Virtual Money. Users may not solicit tips through any means of payment other than Virtual Money.

    3. Tips are a voluntary gratuity and will not be given in exchange for specific professional services. Promising to give a tip in exchange for performance of the above mentioned specific professional services is strictly prohibited. That conduct will result in an immediate and lifetime ban from use of the Platform.

    4. All tips are chargeable when made. The Company will not return a tip made from your account except in situations that are deemed by the Company, in its sole discretion, to be extraordinary.

    5. Tipping is subject to and in no way alters the Platform’s Community Guidelines Giving or receiving tips in exchange for actual or promised conduct in violation of this agreement is prohibited.

  19.  

    Paid Content.

    The Platform may permit users to post User Contributions that can only be accessed after payment of a specified amount of Virtual Money (“Paid Content” ). If you post any Paid Content, you state that (a) the Paid Content you post complies in all respects with this agreement; and (b) you have all rights and permissions necessary to post that Paid Content and to permit users to access it in exchange for payment. The Company may remove any Paid Content, in whole or in part, for any or no reason. If any Paid Content you posted results in chargebacks or refund requests from users who have purchased that Paid Content, the Company may assess a chargeback fee to your account or suspend your ability to post Paid Content. By purchasing or accessing any Paid Content, you demonstrate your express acknowledgment that (a) the Company is not the creator or source of that Paid Content; (b) the user posting Paid Content is solely responsible for any claims or liabilities associated with, arising form, or in any way relating to that Paid Content posted by that user; (c) your purchase or use of any Paid Content is solely at your own risk; (d) the Company has no responsibility for viewing or screening any Paid Content; and (e) you forever release the Company, its affiliates, successors, assigns, officers, employees, agents, directors, shareholders, and attorneys from all claims and liabilities associated with, arising from, or in any way relating to Paid Content.

     

  20.  

    Fan Clubs.

    The Platform may permit certain users to create and administer their own fan club on the Platform. Eligible users may be permitted to set a monthly fee that other users must pay, via Virtual Money or otherwise, to be members of the performing users’ fan club, and the Company may, but is not required to, credit a part of that payment to the performing user’s account. The Company reserves the right to revoke any user’s permission to maintain a fan club for any or no reason at all. If members of your fan club request a refund from the Company, or institute a chargeback with the Company’s payment processor, the Company may assess a chargeback fee to your account or suspend your ability to maintain a fan club on the Platform.

     

  21.  

    Warranty Disclaimers

     

    1. You acknowledge that the Company cannot and does not state that files available for downloading from the Internet or the Platform will be free from loss, corruption, attack, viruses or other destructive code, interference, hacking, or other security intrusions. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for keeping a means external to the Platform for any reconstruction of any lost data. The Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Platform or any services or items obtained through the Platform or to your downloading of any material posted on the Platform, or on any website linked to the it.

    2. Your use of the Platform, its content, and any services or items obtained through the Platform, including any ancillary products and services or any other products, services, or digital content, is at your own risk. The Company provides the Platform, its content, and any services or items obtained through the Platform, including any ancillary products and services or any other products, services, or digital content, “as is,” “with all faults,” and “as available,” without making any warranty, either express or implied. The Company is not making any warranty (1) that the Platform, its content, or any services or items obtained through the Platform, including any ancillary products and services or any other products, services, or digital content, will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; (3) that the Platform, including any products, services, or digital content, or the server that makes the Platform available is free of viruses or other harmful components; or (4) that the Platform or any services or items obtained through the Platform, including any ancillary products and services or any other products, services, or digital content, will otherwise meet your needs or expectations.

    3. The Company is not making any warranty, whether express, implied, statutory, or otherwise, including warranty of merchantability, title, noninfringement, privacy, security, and fitness for a particular purpose. No advice or information, whether oral or written, obtained from the Company, the Platform, or elsewhere will create any warranty not expressly stated in this agreement.

  22.  

    Limitation of Liability and Damages

     

    1.  

      Limitation of Liability re Platform.

      To the fullest extent permitted by applicable law: (a) in no event will the Company or its affiliates, partners, and suppliers be liable for any direct, special, indirect, or consequential damages or any other damages of any kind, including loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including negligence), or otherwise, arising out of or in any way connected with the use of or inability to use the Platform, the content, or the Materials, including any damages caused by or resulting from reliance by user on any information obtained from the Company, or that results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Company’s records, programs, or services; and (b) in no event will the aggregate liability of the Company, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to the use of or inability to use the Platform or the Services exceed the amount paid by you, if any, for accessing the Platform or the Services during the three months immediately preceding the date of the claim or $100, whichever is greater.

       

    2.  

      Limitation of Liability re Ancillary Products and Services.

      To the fullest extent permitted by applicable law, in no event will the Company or its directors, employees, or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special, or punitive damages, including for any lost profits or lost data, arising from your purchase or use of any ancillary products and services or any other products, services, or digital content, even if the Company is aware or has been advised of the possibility of those damages. Notwithstanding anything to the contrary contained in this paragraph, the Company’s liability to you for any cause, and regardless of the form of action, will at all times be limited to the amount paid by you to the Company for the ancillary product or service from which the claim arise, but in no case will the Company’s liability to you exceed $1,000. You acknowledge that if no amount is paid to the Company for the ancillary service, you will be limited to injunctive relief only, unless otherwise permitted by law, and will not be entitled to damages of any kind from the Company, regardless of the cause of action.

       

    3.  

      Reference Sites.

      These limitations of liability also apply with respect to damages incurred by you by reason of any products or services sold or provided on any Reference Sites or otherwise by third parties other than the Company and received through or advertised on the Platform or received through any Reference Sites.

       

    4. Basis of the Bargain. You acknowledge (a) that the Company has offered the Platform, User Contributions, Materials and other content and information, set its prices, and entered into this agreement in reliance on the warranty disclaimers and the limitations of liability stated in this agreement; (b) that the warranty disclaims and the limitations of liability stated in this agreement reflect a reasonable and fair allocation of risk between you and the Company; and (c) that the warranty disclaims and the limitations of liability stated in this agreement form an essential basis of the bargain between you and the Company. The Company would not be able to provide the Platform or the Services to you on an economically reasonable basis without these limitations.

  23.  

    Waiver of Section 1542

     

    With respect to the releases of liability set out in this agreement, you acknowledge that you understand the consequences of entering into the general release and discharge of all known and unknown claims as stated in this agreement and that you are familiar with the provisions of section 1542 of the California Civil Code, which provides that:

    A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

    You hereby waive all rights under section 1542 and under any other federal or state statutes or laws of similar effect.

  24.  

    Scope of Disclaimers, Exclusions, and Limits

     

    The disclaimers, exclusions, and limits stated in sections 21 and 22 apply to the greatest extent allowed by law, but no more. The Company does not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages, or other matters, one or more of the disclaimers, exclusions, or limits will not apply to you.

  25.  

    Indemnification

     

    You will indemnify, defend, and hold harmless the Company, its affiliated companies, contractors, employees, agents, and its third-party suppliers, licensors, and partners from any claims, losses, damages, and liabilities, including legal fees and expenses, arising out of (a) your misuse of the Platform; (b) any User Contributions you post, store, or otherwise transmit in or through the Platform; (c) your purchase or use of any products, services, or digital content; (d) your violation of the rights of any third party; (e) any violation of this agreement or any applicable law; or (f) any breach of the representations, warranties, and covenants made by you in this agreement. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company, and you will cooperate with the Company’s defense of these claims. The Company will use reasonable efforts to notify you of any such claim, action, or proceeding on becoming aware of it. The foregoing indemnity includes any claims, losses, damages, and liabilities, including legal fees and expenses, arising out of your Promotions or User Contributions.

  26.  

    Indemnification

     

    1.  

      Governing Law.

      Delaware law—without giving effect to any conflicts of law principles—governs all matters arising out of or relating to the Platform, the Services, or this agreement. The predominant purpose of this agreement is providing services and licensing access to intellectual property and not a “sale of goods.” This agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

       

    2.  

      Jurisdiction.

      All disputes arising out of or relating to the Platform, the Services, or this agreement that are not subject to arbitration under section 26.3 will be subject to the exclusive jurisdiction and venue of the United States District Court for the District of Delaware or any state court in New Castle County, Delaware, and each party hereby submits to the personal jurisdiction of those courts.

       

    3.  

      Arbitration.

      All claims and disputes arising under or relating to the Platform, the Services, or this agreement are to be settled by binding arbitration with Arbitration Resolution Services, Inc. (ARS) (or a similar online dispute resolution provider if ARS is not available). The parties will abide by all rules of ARS as found on its website at www.arbresolutions.com. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, enforceability, or formation of this agreement, including any claim that all or any part of this agreement is void or voidable. The arbitration will be conducted in the English language. Each party will be responsible for paying any filing, administrative, and arbitrator fees associated with the arbitration. The arbitrator may grant whatever relief that would be available in a court at law or in equity, except that the arbitrator must not award punitive or exemplary damages, or damages otherwise limited or excluded in this agreement. The arbitrator’s award will include costs of arbitration, reasonable legal fees, and reasonable costs for expert and other witnesses. If a party fails to pay any award, the award may be converted to judgment in a court of competent jurisdiction. Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under this agreement without the advance written consent of both parties.

       

    4.  

      Injunctive Relief.

      The parties acknowledge that breach by either party of the obligations under this agreement could cause irreparable harm for which damages would be an inadequate remedy. Nothing in this section 26 will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Platform, in each case without posting a bond or other security and without proof of actual money damages in connection with the claim.

       

    5.  

      Recovery of Expenses.

      In any proceedings between the parties arising out of this agreement or relating to the subject matter of this agreement, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses. For purposes of this section 26.5, “prevailing party” means, for any proceeding, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the prevailing party. If any proceedings are voluntarily dismissed or are dismissed as part of settlement of that dispute, neither party will be the prevailing party in those proceedings.

       

    6.  

      Jury Trial Waiver.

      Both parties hereby waive the right to a trial by jury for any dispute arising out of or relating to the Platform, the Services, or this agreement. Either party may enforce this waiver up to and including the first day of trial.

       

    7.  

      Class Action Waiver.

      All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless the Company agrees otherwise, the arbitrator will not consolidate more than one person’s claims. Both parties acknowledge that each party is waiving the right to participate in a class action.

       

    8.  

      imitation on Time to Bring Claims.

      A party will not file a claim arising out of or relating to the Platform, the Services, or this agreement more than one year after the cause of action arose. Any claim brought after one year is barred.

       

  27.  

    General

     

    1.  

      Entire Agreement.

      This agreement constitutes the entire agreement between you and the Company about your access to and use of the Platform and the Services and it supersedes all earlier or contemporaneous agreements between you and the Company. Any additional terms on the Platform will govern the items to which they pertain.

       

    2.  

      Changes.

      The Company may change this agreement on one or more occasions. The Company will try to post changes on the Platform at least 15 days before they become effective. Changes will become effective on the “last updated” date stated at the top of this page. Changes will not apply to continuing disputes or to disputes arising out of (or relating to) events happening before the posted changes. While the Company will try to notify you when the Company changes this agreement, the Company does not assume an obligation to do so, and it is your responsibility to frequently check this page to review the most current agreement. By continuing to use the Platform or the Services after the Company posts changes to this agreement, you agree to the revised agreement. If you do not agree to the revised agreement, your exclusive remedy is to stop accessing the Platform and the Services. If you need more information about the changes or have any other questions or comments about the changes, please contact the Company at support@gamewithme.com.

       

    3.  

      Assignment and Delegation.

      The Company may assign its rights or delegate any performance under this agreement without your consent. You will not assign your rights or delegate your performance under this agreement without the Company’s advanced written consent. Any attempted assignment of rights or delegation of performance in breach of this section 27.3 is void.

       

    4.  

      Waiver.

      If the Company fails to exercise or enforce any right or provision of this agreement, it will not constitute a waiver of that right or provision. Any waiver of any provision of this agreement will be effective only if in writing and signed by the relevant party.

       

    5.  

      Severability.

      If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.

       

    6.  

      Notices

       

      1.  

        Sending Notice to the Company.

        You may send notice to the Company by email to support@gamewithme.com. unless a specific email address is set out for giving notice. The Company will consider an email notice received by the Company only when its server sends a return message to you acknowledging receipt. The Company may change its contact information on one or more occasions by posting the change on the Platform. Please check the Platform for the most current information for sending notice to the Company.

         

      2.  

        Sending Notice to You­—Electronic Notice.

        You consent to receiving any notice from the Company in electronic form either (1) by email to the last known email address the Company has for you or (2) by posting the notice on a place on the Platform chosen for this purpose. The Company will consider notices sent to you by email received when its email service shows transmission to your email address. You state that any email address you gave the Company for contacting you is a current and valid email address for receiving notice, and that your computer has hardware and software configured to send and receive email through the Internet and to print any email you receive.

         

    7.  

      Force Majeure.

      The Company is not responsible for any failure to perform if unforeseen circumstances or causes beyond its reasonable control delays or continues to delay its performance, including (a) acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; (b) war, riot, arson, embargoes, acts of civil or military authority, or terrorism; (c) fiber cuts; (d) strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; (e) failure of the telecommunications or information services infrastructure; and (f) hacking, SPAM, or any failure of a computer, server, network, or software.

       

    8.  

      No Third-Party Beneficiaries.

      No Third-Party Beneficiaries. This agreement does not, and the parties do not intend it to, confer any rights or remedies on any person other than the parties to this agreement.

       

    9.  

      Relationship of the Parties.

      This agreement does not, and the parties do not intend it to, create a partnership, joint venture, agency, franchise, or employment relationship between the parties and the parties expressly disclaim the existence of any of these relationships between them. Neither of the parties is the agent for the other, and neither party has the right to bind the other on any agreement with a third party.

       

    10.  

      Binding Effect.

      This agreement benefits and binds the parties and their respective heirs, successors, and permitted assigns.

       

    11.  

      Electronic Communications Not Private.

      The Company does not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to the Company or from the Company as open communications readily accessible to the public. You should not use the Platform to send or receive messages you only intend the sender and named recipients to read. Users or operators of the Platform may read all messages you send to the Platform regardless of whether they are intended recipients.

       

    12.  

      Electronic Signatures.

      Any affirmation, assent, or agreement you send through the Platform will bind you. You acknowledge that when you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

       

    13.  

      Consumer Rights Information—California Residents Only.

      This section 27.13 applies only to California residents. In compliance with section 1789 of the California Civil Code, please note the following:

      Game With Me, Inc.

      919 North Market Street, Suite 950 Wilmington, DE 19801

      (650) 797-2909

      Users who wish to gain access to the password-restricted area of the Platform must register. The Company does not charge consumers for registering, but the Company charges for various paid services. You may contact the Company at support@gamewithme.com. to resolve any disputes or to receive further information about the Platform.

    14.  

      Complaints—California Residents Only.

      You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.

       

    15.  

      English Language.

      The Company drafted this agreement in the English language. No translation into any other language will be used to interpret or construe this agreement. All services, support, notices, designations, specifications, and communications will be provided in English.

       

    16.  

      Survival.

      On termination of this agreement, any provision which, by its nature or express terms should survive, will survive the termination of this agreement.

       

    17.  

      Your Comments and Concerns.

      You should direct all feedback, comments, requests for technical support, and other communications relating to the Platform or the Services to the Company by email to support@gamewithme.com.