GameOn Entertainment Technologies Inc. All Right Reserved ®2023
Terms of Use
Please read these Terms of Use (collectively with the GameOn Privacy Policy
at gameon.app/privacy , the “Terms of Use”) fully and carefully before using the GameOn
website or any GameOn mobile application or platform (collectively, the “Platform”) and the
services, features, content or applications offered by the GameOn group (including GameOn
Entertainment Technologies Inc. and its affiliates, subsidiaries, and customers) in connection
with the Platform (“GameOn”, “we”, “us” or “our”) (together with the Platform, the “Services”, the
latter as further defined below). These Terms of Use set forth the legally binding terms and
conditions for your use of the Platform and the Services.
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (AS DEFINED
BELOW) ARE SUBJECT TO THE FOLLOWING TERMS OF USE; IF YOU DO NOT AGREE
TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE PLATFORM AND THE
SERVICES IN ANY MANNER.
Last Updated: February 29 th , 2024
1. ACCEPTANCE OF TERMS OF USE
a. By signing up for, installing and/or using the Platform in any manner, you agree
to these Terms of Use and all other operating rules, policies and procedures that
may be published from time to time through the Platform by us, each of which is
incorporated by reference and each of which may be updated from time to time.
b. Certain of the Services may be subject to additional terms and conditions
specified by us or our customers from time to time; your use of such Services is
subject to those additional terms and conditions, which are incorporated into
these Terms of Use by reference. For example, in some cases, your use of the
Platform will be subject to the terms of use or contest rules made available to you
by GameOn customers.
c. These Terms of Use apply to all users of the Services (including purchasers of
Digital Collectibles, GameOn customers and their end users).
d. ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR
CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION
SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US
WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU
WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR
CLASS-WIDE ARBITRATION.
2. SERVICES
a. The Platform enables you to play sports-based games, purchase Digital
Collectibles, and participate in competitions, quests, experiences, and real-life
contests with such Digital Collectibles.
b. The Services offered by GameOn include products, games, and features through
the Platform, third-party collectible marketplaces, and applications. These allow
you to acquire, collect, exchange, and play with Digital Collectibles, which may
feature professional athletes from licensed teams, and may have game
experience enhancing functionality.
3. DIGITAL COLLECTIBLES
a. GameOn will generate, either through its Platform or through a third-party
service, various Digital Collectibles representing professional athletes,
professional sports equipment, war chests, or other in-game playable collectibles
(collectively, “Digital Collectibles”) and will make them available for purchase
from time to time to mimic a real-life professional sports management experience
on or off the Platform (e.g., free agent player Digital Collectibles released at the
beginning of the off-season of a particular sports league to mimic the real-world
transfer market). GameOn may further release and make available for purchase
additional Digital Collectibles during certain time periods or “seasons” with the
objective of creating an immersive player experience. All such releases of Digital
Collectibles shall be at GameOn’s sole discretion.
b. Each Digital Collectible you purchase may enable you to participate in Platform
activities, gameplay, and engagement on the Platform (e.g., selecting players for
a game or a fighter for a match). It may also grant you access to off-platform
activities (e.g., pre-season war chests for team upgrades and off-season transfer
market for professional athlete transfers). Additionally, you may have exclusive
access to various Platform activities, games, competitions, and interactions
related to applicable sporting leagues.
c. To ensure secure transactions and prevent fraud, we may have to verify your
identity when you purchase Digital Collectibles. This may include your legal
name, date of birth, address, and a government-issued ID (and any other
information that may be deemed necessary or appropriate by third-party payment
processors and compliance services providers). This information may be shared
with third-party payment processors and compliance services providers to
prevent fraud, money laundering, terrorist financing and other financial crimes.
Failure to provide accurate and complete information may result in the
cancellation or rejection of the transaction. Any personal information you share in
relation to this section will be treated in accordance with our Privacy Policy.
4. ELIGIBILITY
a. You represent and warrant that you are at least 18 years of age. If you are under
age 18, you may not, under any circumstances or for any reason, use the
Services. You are solely responsible for ensuring that these Terms of Use are in
compliance with all laws, rules and regulations applicable to you and the right to
access the Services is revoked where these Terms of Use or use of the Services
is prohibited or to the extent offering, sale or provision of the Services conflicts
with any applicable law, rule or regulation. Further, the Services are offered only
for your use, and not for the use or benefit of any third party.
b. You will not be eligible to participate: (i) in any contests involving or related to
your sport if you are affiliated with any sports league, including without limitation
if you are an athlete, coach, member of team or league management, support
personnel, referee, team or league physician, commissioner, owner, or any other
individual with an interest in the applicable sport, or who can otherwise influence
the outcome of a game; (ii) in any sport contests for which there is a cash prize, if
you are employed by or otherwise affiliated with any other sports contest site,
application or service such that you have access to confidential data about
contest-related information or (iii) in any contest for which there is a cash prize, if
you are an employee of GameOn or are related to an employee of GameOn and
share a household with such employee. If you use the Services in any way, and
we discover or determine that you are not eligible to participate, we may, among
other actions, in our sole discretion, (A) disqualify your entry, in which case we
will not award you a prize, (B) report your violation to all applicable parties and
authorities, which may include the sports league or contest site you are
employed by, if applicable, (C) terminate your Account (defined below), and/or
(D) withhold or revoke the awarding of any prize associated with your Account
(defined below). We may also block any or all future participation on the
Services.
c. We may, in our sole discretion, refuse to offer the Services to any person or
entity and change its eligibility criteria at any time.
5. REGISTRATION
a. To sign up for the Services, you may be required to register for an account
(an “Account”) or create an Account by logging in via Facebook or another
authentication mechanism. You must provide true, accurate and complete
information and keep your Account information updated, and we may require
additional information and/or documentation for verification purposes from time to
time. You shall not: (i) select or use as a username a name of another person
with the intent to impersonate that person; (ii) use as a username a name subject
to any rights of a person other than you without appropriate authorization; or (iii)
use, as a username, a name that is otherwise offensive, vulgar or obscene. You
may only establish and use one Account per person to participate in the
Services. An Account cannot be co-owned or otherwise shared among multiple
individuals. In the event we discover that you have infringed these terms in any
way, we reserve the right to suspend or terminate any or all of your Accounts and
cancel, withhold, or revoke any prizes that have been awarded.
b. You are solely responsible for the activity that occurs on your Account, and for
keeping your password secure. You are also solely responsible for any use of
any payment methods (such as your digital wallet, for example) initiated or
enabled by or through your Account and you agree to notify us immediately upon
any unauthorized use of your Account or other breach of security you become
aware of. You may never use another person’s user account or registration
information for the Services without permission. You acknowledge and agree that
we are authorized to act on instructions received through the use of your
Account, username, and/or password and that we may, but are not obligated to,
block transactions or deny use of your Account without prior notice to you if we
believe your Account information is being used by someone other than you. You
must notify us immediately of any change in your eligibility to use the Services
(including any changes to or revocation of any licenses from government
authorities), breach of security or unauthorized use of your Account. You should
never publish, distribute, or post login information for your Account. You shall
have the ability to delete your Account, either directly or through a request made
to one of our employees or affiliates.
c. We may require you to change your username or Account information or change
your username or Account information for you at any time and for any reason,
including, without limitation, in relation to third-party claims that a username
violates their rights.
6. CONTESTS
a. Contests held on the Platform are games of skill. The winners are chosen based
on the specific criteria outlined in the rules of each contest. Please note that all
participation is subject to the rules and any additional requirements set forth by
GameOn or its customers.
b. GameOn reserves the right, in its sole discretion, to cancel contests, disqualify
any participants from a contest or the entire Platform, and/or suspend, limit or
terminate any Accounts, such as if a user engages in conduct we deem, in our
sole discretion, to be improper, unfair, fraudulent, or otherwise adverse to the
operation of the Platform or in any way detrimental to other users, GameOn or
any other parties or if any contests or prizes are challenged by any legal
authority.
7. FINANCIAL TRANSACTIONS
a. Financial transactions through the Platform are processed by our payment
processor, Stripe, Inc. (“Stripe”) and will be subject to the terms, conditions, and
privacy policies of Stripe, available at https://stripe.com/us/terms.
b. Any purchases of Digital Collectibles through the third-party marketplace
OpenSea will be subject to the terms of service and privacy policy of OpenSea,
available at https://opensea.io/tos and https://opensea.io/privacy.
c. Winnings through the Platform are processed through NFT wallets by our
partner, Bv Arkane (o/a Venly) (“Venly”) and will be subject to the terms,
conditions, and privacy policies of Venly available at www.venly.io/terms-
conditions.
8. CONTENT AND INTELLECTUAL PROPERTY RIGHTS
a. Ownership. Unless otherwise indicated by us in writing, and for the purpose of
these Terms of Use, the term “Content” includes, without limitation, all characters
(including their names and likeness), designs, information, data, text,
photographs, videos, audio clips, written posts and comments, software, scripts,
graphics (static or motion), animations, sound files (including music and other
recordings), audiovisual effects, and any and all interactive features generated,
provided, or otherwise made accessible on or through the Services are the
proprietary property of GameOn or our affiliates or licensors, as applicable. For
the purposes of this agreement, “Content” also includes all User Content (as
defined below). The GameOn logo and any GameOn product, service name,
logo, trademark, slogan, and service mark (“GameOn Marks”) are owned,
controlled by us, or licensed to us, and are protected by applicable copyright,
trademark and other intellectual property laws (including unfair competition laws)
in the applicable jurisdictions. Except when expressly permitted in accordance
with these terms, our Services, the Content and the GameOn Marks may not be
copied, reproduced, publicly displayed, translated, transmitted, distributed, sold,
licensed, or otherwise used, for any commercial purpose whatsoever. Reference
to any of the Services, Content or GameOn Marks by third parties does not
constitute or imply endorsement, sponsorship, or recommendation by us. While
we strive to ensure the accuracy of the Content you access on or through the
Services, we cannot guarantee that it will always be accurate.
b. User Content. All Content added, created, uploaded, submitted, distributed, or
posted to the Services by users (collectively “User Content”), whether publicly
posted or privately transmitted, is the sole responsibility of the person who
originated such User Content. You represent that all User Content provided by
you is accurate, complete, up-to-date, and in compliance with all applicable laws,
rules and regulations, including applicable intellectual property laws and our rules
of conduct (as set forth in Section 9). You retain ownership of any and all User
Content created and/or uploaded by you. By using the Services, you understand
that you are responsible for any risk associated with accessing all Content,
including User Content. This means that you are solely responsible for any
potential damage or loss that may occur as a result. We reserve the right to
delete your User Content at any time. While we aim to provide prior notice where
feasible, we strongly recommend you keep your own copies.
c. Notices and Restrictions. The Services may contain Content specifically provided
by us, our affiliates, licensors or partners (or our users or customers) and such
Content is protected by copyrights, trademarks, service marks, patents, trade
secrets or other proprietary rights and laws. You shall abide by and maintain all
copyright notices, information, and restrictions contained in any Content
accessed through the Services.
d. Use License. Subject to your ongoing compliance with these Terms of Use and
continuous eligibility to use the Services, we grant you a limited, revocable,
worldwide, non-exclusive, non-sublicensable, non-assignable, non-transferable,
“as is” right to access and use the Services and Content solely for personal, non-
commercial purposes, provided, however, that (except as expressly authorized
herein), such right does not include any right to (a) distribute, publicly perform, or
publicly display any Content (except your User Content), (b) modify or create
derivatives of the Services or Content (except your User Content), or (c) use any
data mining, robots, or similar data gathering or extraction methods. We reserve
all rights not expressly granted hereunder in and to the Services and all
components thereof, including without limitation the Platform, the Content, and
the GameOn Marks.
e. Your Specific Ownership Rights. When you purchase Digital Collectibles, and
subject to these Terms of Use, you acquire ownership of (a) a unique digital
ledger entry on the ERC-721 token standard of the Arbitrum One Protocol, (b)
the rights to use said Digital Collectibles and related functionality solely as
permitted by Services and the smart contract associated with such Digital
Collectibles, and (c) a license to use any artwork or designs embodied or
included in the Digital Collectibles which are owned or created by GameOn or its
third-party licensors (“Underlying Art”). If expressly permitted by the Services and
with the intention to play the games provided by the Services as well as allowed
by applicable laws and regulations, you have the right to trade, sell or transfer
your Digital Collectibles. These Terms of Use deem that the purchase,
ownership, transfer, donation, and sale of Digital Collectibles are governed,
evidenced, and mediated entirely by the digital ledger entries of the smart
contract associated with such Digital Collectibles. When such Digital Collectibles
are traded, sold or donated, the new owner is granted a right to use the Digital
Collectibles and related functionality solely as permitted by and within the
Services and is granted a license to use the Underlying Art in accordance with
paragraph d) above, and such right to use and license as it pertains to such
Digital Collectibles will immediately terminate for the former owner. Such smart
contracts will also govern the functionality of the Digital Collectibles and may
contain coded “terms” associated with purchases and sales of Digital
Collectibles, which may include commissions payable to GameOn on any
transfer, fees payable to third-party services on which the Services are offered,
third-party collectible marketplaces, and any specific restrictions or prohibitions
on sale or transfer. For the avoidance of doubt, your ownership of the Digital
Collectibles does not give you any ownership in the Content or other third-party
intellectual property underlying or embodied in the Digital Collectibles, and all
rights of which are hereby reserved by GameOn and third-party owners and
licensors (including the LALIGA, PFL, and Karate Combat) and further subject to
these Terms of Use and third-party owners and licensors’ respective terms.
f. User Content License Grant. By submitting User Content through the Services,
you hereby grant GameOn an irrevocable, worldwide, non-exclusive, perpetual,
royalty-free, fully paid, sublicensable and transferable license to use, edit, modify,
manipulate, aggregate, reproduce, distribute, prepare derivative works of,
publicly display, perform, and otherwise fully exploit the User Content in
connection with the Platform, the Services and our (and our successors’ and
assigns’) businesses, including without limitation for providing and improving our
Services, promoting and redistributing part or all of the Platform or the Services
(and derivative works thereof) in any media formats and through any media
channels (including, without limitation, third-party websites and feeds), and
including after the termination of your Account or the Services. For the sake of
clarity, to the extent any User Content you submit includes your name, likeness,
voice, video, or photograph, you acknowledge and agree that the foregoing
license of this Section 8 (f) shall apply to the same. You also hereby do and shall
grant each user of the Platform and/or the Services a non-exclusive, perpetual
license to access your User Content through the Platform and/or the Services,
and to use, edit, modify, reproduce, distribute, prepare derivative works of,
display and perform such User Content, including after the termination of your
Account or the Services. For clarity, the foregoing license granted to us, and our
users does not affect your other ownership or license rights in your User Content,
including the right to grant additional licenses to your User Content, unless
otherwise agreed in writing. You represent and warrant that you have all rights to
grant such licenses to us without infringement or violation of any third-party
rights, including without limitation, any privacy rights, publicity rights, copyrights,
trademarks, contract rights, or any other intellectual property or proprietary rights.
g. Availability of Content. We do not guarantee that any Content will be made
available on the Platform or through the Services. We reserve the right to but do
not have any obligation to, (i) remove, edit, modify or otherwise manipulate any
Content in our sole discretion, at any time, without notice to you and for any
reason (including, but not limited to, upon receipt of claims or allegations from
third parties or authorities relating to such Content or if we are concerned that
you may have violated these Terms of Use), or for no reason at all and (ii) to
remove or block any Content from the Services.
h. Publicity. By entering a contest through the Platform, you consent to our, (and
our service providers’, business partners’ and customers’) use of your name,
voice, likeness, location, and photograph in connection with the development,
production, distribution and/or exploitation (including marketing and promotion) of
the selected contest, other GameOn contests and our business generally. You
acknowledge and agree that we may make public statements about entrants and
winners, including on-air, online, or otherwise, including by announcing winners
publicly. You agree that participation and, where applicable, the winning of a
prize in connection with a contest constitute complete compensation for your
obligations under this section, and you agree not to seek to charge a fee or
impose other conditions on the fulfillment of these obligations. The rules specific
to certain contests may contain additional publicity obligations or may require a
written signature on a separate publicity waiver.
i. Entertainment Purposes Only. Any information or content provided through the
Services is for entertainment purposes only and should not be relied on.
GameOn makes no representation or guarantees about the information,
including without limitation as to its quality, accuracy or timeliness, and such
information should never be used in place of professional advice from an expert
who is familiar with your specific situation.
j. Feedback. You may submit feedback, including, but not limited to, questions,
comments, suggestions, ideas, documents, proposals, or other contents of
similar nature regarding the Services or the Platform (“Feedback”). You hereby
grant to GameOn a fully paid, royalty-free, perpetual, irrevocable, worldwide,
non-exclusive, and fully sublicensable right and license to use, reproduce,
perform, display, distribute, adapt, modify, re-format, create derivative works of,
and otherwise exploit in any manner (including commercially), any and all such
Feedback.
9. RULES OF CONDUCT
a. As a condition of use, you may not use the Services for any purpose that is
prohibited by these Terms of Use or not reasonably intended by GameOn. You
are responsible for all your activity in connection with the Services and will
comply with all applicable laws. Violation of any of GameOn’s rules or
requirements may result in the removal of your Content from the Services,
suspension or termination of your Account or access to the Services, forfeiture of
winnings and/or the cancelling of your Account.
b. You shall not (and shall not permit any third party to) either (i) take any action or
(ii) upload, download, post, submit or otherwise distribute or facilitate distribution
of any Content on or through the Service, including without limitation any User
Content, that:
i. infringes any patent, trademark, trade secret, copyright, right of publicity
or other right of any other person or entity or violates any law or
contractual duty (see our DMCA Copyright Policy in Section 21 below);
ii. you know is false, misleading, untruthful or inaccurate;
iii. is unlawful, threatening, abusive, harassing, defamatory, libellous,
deceptive, fraudulent, invasive of another's privacy, tortious, obscene,
vulgar, pornographic, offensive, profane, contains or depicts nudity,
contains or depicts sexual activity, or is otherwise inappropriate as
determined by us in our sole discretion;
iv. constitutes unauthorized or unsolicited advertising, junk or bulk e-
mail (“spamming”);
v. contains software viruses or any other computer codes, files, or programs
that are designed or intended to disrupt, damage, limit or interfere with
the proper function of any software, hardware, or telecommunications
equipment or to damage or obtain unauthorized access to any system,
data, password or other information of ours or of any third party;
vi. involves or promotes any commercial activities and/or sales, such
as contests, sweepstakes, barter, advertising, or pyramid schemes of any
sorts without our prior written consent;
vii. impersonates any person or entity, including any of our employees
or representatives; or
viii. includes anyone’s identification documents, Account information
or sensitive financial information.
c. You shall not: (i) take any action that imposes or may impose (as determined by
us in our sole discretion) an unreasonable or disproportionately large load on our
(or our third-party service providers’) infrastructure; (ii) interfere or attempt to
interfere with the proper working of the Services or any activities conducted on
the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any
measures we may use to prevent or restrict access to the Services (or other
accounts, computer systems or networks connected to the Services); (iv) run any
form of auto-responder or “spam” on the Services; (v) use manual or automated
software, devices, or other processes to “crawl” or “spider” any page of the
Platform; (vi) harvest or scrape any Content from the Services; (vii) use any
fraudulent, automated or artificial means, including creating multiple Accounts, to
inflate your position or standing on leaderboards or otherwise in the Services; or
(viii) otherwise take any action in violation of our guidelines and policies.
d. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse
engineer or otherwise attempt to derive any source code or underlying ideas or
algorithms of any part of the Services (including without limitation any
application), except to the limited extent applicable laws specifically prohibit such
restriction, (ii) modify, translate, or otherwise create derivative works of any part
of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of
the rights that you receive hereunder. You shall abide by all applicable local,
provincial/state, national and international laws and regulations.
e. We also reserve the right to access, read, preserve, and disclose any information
as we reasonably believe is necessary to (i) satisfy any applicable law,
regulation, legal process or governmental request, (ii) enforce these Terms of
Use, including investigation of potential violations hereof, (iii) detect, prevent, or
otherwise address fraud, security or technical issues, (iv) respond to user support
requests, or (v) protect the rights, property or safety of us, our users and the
public.
10. INHERENT RISKS
a. Digital Collectables have no inherent value and are intended to be solely a
functional and utilitarian good to be used for entertainment purposes in
connection with the Services. Purchases of Digital Collectibles should not be
conducted for investment purposes, and you should have no expectation of
earning profits or realizing any financial value or gain from the purchase and sale
of Digital Collectibles. GameOn reserves the right to restrict or terminate your
use of the Services if it becomes apparent to GameOn that you are using the
Digital Collectibles for investment purposes. The prices of digital assets are
extremely volatile. Fluctuations in the price or value of other digital assets could
materially and adversely affect the value of your Digital Collectibles. We cannot
ensure that any Digital Collectibles will retain their value or have any economic
value at all.
b. You are solely responsible for identifying any applicable taxes for your Digital
Collectible-related transactions. GameOn is not responsible for determining the
taxes that may apply to your transactions on the Platform or through smart
contracts.
c. There are risks associated with transactions in third-party collectible
marketplaces, including, but not limited to, the effects of varying laws and
regulations, the risk of hardware, software and Internet connections, the risk of
malicious software introduction, and the risk that third parties may obtain
unauthorized access to your personal or financial information. You accept and
acknowledge that GameOn will not be responsible for any communication
failures, disruptions, errors, distortions or delays you may experience, however
caused.
d. The regulatory regime governing the purchase, sale and transfer of non-fungible
tokens (including Digital Collectibles) is uncertain and varies widely from
jurisdiction to jurisdiction, and new regulations or policies may materially and
adversely affect the development of the Services, and therefore the purchase,
sale, and transferability of the Digital Collectibles. Due to legal and regulatory
restrictions, among other things, there is no guarantee of the existence or
availability of third-party collectible marketplaces for the purchase, sale or
transfer of your Digital Collectibles at any given time or in any particular state,
country or region.
e. Intended or unintended upgrades or modifications to blockchain protocols or
third-party collectible marketplaces, or changes in how transactions are
confirmed on such platforms may have unintended, adverse effects on all
blockchains, including the Services.
11. THIRD-PARTY SERVICES
The Services may permit you to link to or otherwise access other websites, services or
resources, such as third-party collectible marketplaces, on your device and the Internet,
and other websites, services or resources may contain links to or be accessed by the
Services or the Platform, such as GameOn service providers or customers or their
advertising partners and prize providers. These other resources are not under our
control, and you acknowledge that, to the maximum extent permitted by applicable law,
we are not responsible or liable for the content, functions, accuracy, legality,
appropriateness or any other aspect of such websites or resources. The inclusion of any
such link or access does not imply our endorsement or any association between us and
their operators. You further acknowledge and agree that we shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or
in connection with the use of or reliance on any such content, goods or services
available on or through any such website or resource.
12. LOCATION-BASED SERVICES
We may offer features that are based on the location of users and which may report on
the locations of those users as they use the Services (the “Location-Based Services”).
You may partake in using these Location-Based Services solely at your own discretion
and may opt-out of providing such information by turning off those features. Should you
use Location-Based Services, you are consenting to our collection and dissemination of
your location information through the Services. To the maximum extent permitted by
applicable law, we shall not be liable for claims or damages therefrom arising out of your
informed decision to disseminate your location information through the Service.
13. IN-PLATFORM PURCHASES
Through the Platform, you may purchase certain goods, Services or features designed to
enhance the performance of the Services (collectively, “In-Platform Purchases”). When
you purchase In-Platform Purchases, additional terms may apply (for example if you are
doing so through either Apple iTunes service or the Google Play service and you are
agreeing to their respective terms and conditions (http://www.apple.com/legal/internet-
services/itunes/us/terms.html; http://play.google.com/intl/en_us/about/play-terms.html)).
We are not a party to any transactions for In-Platform Purchases.
14. SUSPENSION; TERMINATION
a. We reserve the right to suspend, deny or terminate your access to or use of all or
any part of the Services, including any contests, at any time, in our sole
discretion, with or without notice or liability, effective immediately, for any reason
or no reason, including, without limitation, for breach of any representation,
warranty, or covenant contained in these Terms of Use or for violation of any
applicable law, rule, or regulation. Such termination may result in the forfeiture,
loss, deletion and/or destruction of part or all information associated with your
Account and your use of the Services. To the maximum extent permitted by
applicable law, GameOn will have no liability to you for such termination,
including for any limitation or inability to access or retrieve any information or
items from your Account.
b. If you wish to terminate your Account, you may do so by removing the Platform
from your device and following the instructions on the Platform or through the
Services.
c. All provisions of these Terms of Use which by their nature should survive
termination shall survive termination, including, without limitation, licenses of
User Content, ownership provisions, warranty disclaimers, indemnity and
limitations of liability. For better clarity, these Terms will continue to apply in
relation to any Digital Collectibles owned by you after the termination.
15. WARRANTY DISCLAIMER
a. We have no special relationship with or fiduciary duty to you. You acknowledge
that we have no duty to take any action regarding:
i. which users gain access to the Services;
ii. what Content you access via the Services; or
iii. how you may interpret or use the Content.
b. You release us from all liability for you having acquired or not acquired Content
through the Services. We make no representations concerning any Content
contained in or accessed through the Services, and we will not be responsible or
liable for the accuracy, copyright compliance, or legality of material or Content
contained in or accessed through the Services.
c. THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE”
AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY
COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE
EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS,
SUPPLIERS, PARTNERS AND CONTENT PROVIDERS AND CUSTOMERS
DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR
AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS
OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE
AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE
SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE
SERVICES IS SOLELY AT YOUR OWN RISK. GAMEON DOES NOT
WARRANT THAT YOUR ACTIVITIES OR USE OF THE SERVICES ARE
LAWFUL IN ANY PARTICULAR JURISDICTION AND GAMEON
SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES. YOU UNDERSTAND
ANY USE OF THE SERVICES OR ANY CONTENT OR PRIZE OBTAINED IN
CONNECTION WITH THE SERVICES IS AT YOUR OWN RISK, AND YOU
REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN
EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF
IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT
APPLY TO YOU.
d. ALL PURCHASES OF DIGITAL COLLECTIBLES MADE THROUGH THE GAME
ARE FINAL AND NON-REFUNDABLE, EXCEPT AS REQUIRED BY
APPLICABLE LAW. YOU ACKNOWLEDGE THAT GAMEON DOES NOT HAVE
THE ABILITY TO REVERSE OR CANCEL A TRANSACTION AND IS NOT
REQUIRED OR OBLIGATED TO PROVIDE A REFUND OF ANY PURCHASE
FOR ANY REASON AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER
COMPENSATION FOR UNUSED DIGITAL COLLECTIBLES.
e. GAMEON DOES NOT REPRESENT OR WARRANT THAT THE SERVICE,
CONTENT, UNDERLYING ART OR ANY LINKED OR ASSOCIATED CONTENT
WITH DIGITAL ASSETS, OR ANY DIGITAL ASSETS YOU INTERACT WITH
WHEN USING OUR SERVICES OR OUR SERVICE PROVIDERS' SERVERS
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE
OR INFORMATION, WHETHER ORAL WRITTEN, OR OBTAINED FROM
GAMEON OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY
OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT
THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND
DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO
LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS
IT IS DUE TO OUR GROSS NEGLIGENCE.
16. INDEMNIFICATION
To the fullest extent permitted by applicable law, you shall defend, indemnify, and hold
harmless GameOn, our affiliates and our customers and each of our and their respective
employees, contractors, directors, suppliers, sponsors, business partners, advertisers,
prize providers, and representatives from and against any and all actual or alleged
losses, third-party claims, damages, awards, penalties, liabilities, claims, fees, interest
and expenses, including reasonable attorneys’ fees, that arise from or relate to your use
or misuse of, or access to, the Services, Platform, Digital Collectibles, Content, any
contests or prizes or otherwise from your User Content, violation of these Terms of Use,
or infringement by you or any third party using your Account or identity in the Services, of
any intellectual property or other rights of any person or entity. You agree to promptly
notify GameOn of any third-party claims and cooperate with the GameOn parties in
defending such claims. We reserve the right to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you.
17. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY
LAW, IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS,
PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER
CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR
EQUITABLE THEORY WITH RESPECT TO THE SERVICES FOR (I) ANY LOST
PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), DATA LOSS, COST
OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL,
INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL
DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF
ORIGINATION), (III) ANY ACTION TAKEN IN CONNECTION WITH AN
INVESTIGATION BY GAMEON OR LAW ENFORCEMENT AUTHORITIES
REGARDING YOUR USE OF THE SERVICES; OR (IV) ANY DIRECT DAMAGES IN
EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) THE VALUE OF THE
PRIZES YOU HAVE WON DURING THE IMMEDIATELY PREVIOUS THREE (3)
MONTH PERIOD OR (B) $50.00. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
18. ARBITRATION CLAUSE & CLASS ACTION WAIVER
IMPORTANT - PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
a. Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US
(WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH
REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT
LIMITATION DISPUTES RELATED TO THESE TERMS OF USE, YOUR USE
OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY,
WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU
AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED,
HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER
VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY
RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF.
DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY
MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND
WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
Neither you nor we will participate in a class action or class-wide arbitration for
any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR
RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS
MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING
ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF
INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims
brought in a private attorney general or representative capacity, or consolidated
claims involving another person's account, if we are a party to the proceeding.
This dispute resolution provision will be governed by the Arbitration Act (British
Columbia). Judgment on the award rendered by the arbitrator may be entered in
any court having competent jurisdiction. Any provision of applicable law
notwithstanding, the arbitrator will not have authority to award damages,
remedies or awards that conflict with these Terms of Use. You agree that
regardless of any statute or law to the contrary, any claim or cause of action
arising out of, related to or connected with the use of the Services or these
Terms of Uses must be filed within one (1) year after such claim of action arose
or be forever banned.
b. Severability. If the prohibition against class actions and other claims brought on
behalf of third parties contained above is found to be unenforceable, then only
the specific provision found to be unenforceable will be null and void, and the
remainder of this Arbitration section will remain in effect. This arbitration
agreement will survive the termination of your relationship with us.
19. GOVERNING LAW AND JURISDICTION
These Terms of Use shall be governed by and construed in accordance with the laws of
the Province of British Columbia, Canada, including its conflicts of law rules. You agree
that any dispute arising from or relating to the subject matter of these Terms of Use shall
be governed by the exclusive jurisdiction and venue of the courts in the Province of
British Columbia, Canada.
20. MODIFICATION
We reserve the right, in our sole discretion, to modify or replace any of these Terms of
Use, or change, suspend, or discontinue the Services (including without limitation, the
availability of any feature, database, or content) at any time by posting a notice on the
Platform or by sending you notice through the Services, via e-mail or by another
appropriate means of electronic communication. We may also impose limits on certain
features and Services or restrict your access to parts or all of the Services without notice
or liability. While we will timely provide notice of modifications, it is also your
responsibility to check these Terms of Use periodically for changes. Your continued use
of the Services following notification of any changes to these Terms of Use constitutes
acceptance of those changes, which will apply to your continued use of the Services
going forward. Your use of the Services is subject to the Terms of Use in effect at the
time of such use.
21. DMCA COPYRIGHT POLICY
a. GameOn has adopted the following general policy toward copyright infringement
in accordance with the Digital Millennium Copyright Act. The address of the
designated agent to receive notification of claimed infringement (“Designated
Agent”) is listed at paragraph c) below.
b. Procedure for Reporting Copyright Infringement. If you believe that material or
content residing on or accessible through the Services infringes a copyright,
please send a notice of copyright infringement containing the following
information to the Designated Agent listed below:
i. A physical or electronic signature of a person authorized to act on behalf
of the owner of the copyright that has been allegedly infringed;
ii. Identification of works or materials being infringed;
iii. Identification of the material that is claimed to be infringing
including information regarding the location of the infringing materials that
the copyright owner seeks to have removed, with sufficient detail so that
the company is capable of finding and verifying its existence;
iv. Contact information about the notifier including address, telephone
number and, if available, e-mail address;
v. A statement that the notifier has a good faith belief that the material is not
authorized by the copyright owner, its agent, or the law; and
vi. A statement made under penalty of perjury that the information
provided is accurate and the notifying party is authorized to make the
complaint on behalf of the copyright owner.
c. Please contact the Designated Agent for GameOn at support@gameon.app.
22. APPLE DEVICES AND APPLICATION TERMS
a. In the event you are accessing the Services via an application on a device
provided by Apple Inc. (“Apple”) or an application obtained through the Apple
Platform Store (in either case, an “Application”), the following shall apply:
i. Both you and GameOn acknowledge that these Terms of Use are
concluded between you and GameOn (or the relevant GameOn
customer) only, and not with Apple, and that Apple is not responsible for
the Application or the Content;
ii. The Application is licensed to you on a limited, non-exclusive, non-
transferrable, non-sublicensable basis, solely to be used in connection
with the Services for your private, personal, non-commercial use, subject
to all the terms and conditions of these Terms of Use as they are
applicable to the Services;
iii. You will only use the Application in connection with an Apple
device that you own or control;
iv. You acknowledge and agree that Apple has no obligation
whatsoever to furnish any maintenance and support services with respect
to the Application;
v. In the event of any failure of the Application to conform to any applicable
warranty, including those implied by law, you may notify Apple of such
failure; upon notification, Apple’s sole warranty obligation to you will be to
refund to you the purchase price, if any, of the Application;
vi. You acknowledge and agree that GameOn (or the relevant
GameOn customer), and not Apple, is responsible for addressing any
claims you or any third party may have in relation to the Application;
vii. You acknowledge and agree that, in the event of any third party
claim that the Application or your possession and use of the Application
infringes that third party’s intellectual property rights, GameOn (or the
relevant GameOn customer), and not Apple, will be responsible for the
investigation, defense, settlement and discharge of any such infringement
claim;
viii. You represent and warrant that you are not located in a country
subject to a U.S. Government embargo, or that has been designated by
the U.S. Government as a “terrorist supporting” country, and that you are
not listed on any U.S. Government list of prohibited or restricted parties;
ix. Both you and GameOn (or the relevant GameOn customer)
acknowledge and agree that, in your use of the Application, you will
comply with any applicable third-party terms of agreement which may
affect or be affected by such use; and
x. Both you and GameOn (or the relevant GameOn customer) acknowledge
and agree that Apple and Apple’s subsidiaries are third-party
beneficiaries of these terms, and that upon your acceptance of these
terms, Apple will have the right (and will be deemed to have accepted the
right) to enforce these terms against you as the third-party beneficiary
hereof.
23. MISCELLANEOUS
a. Entire Agreement and Severability. These Terms of Use are the entire
agreement between you and us with respect to the Services, including use of the
Platform, and supersede all prior or contemporaneous communications and
proposals (whether oral, written, or electronic) between you and us with respect
to the Services. If any provision of these Terms of Use is found to be
unenforceable or invalid, that provision will be limited or eliminated to the
minimum extent necessary so that these Terms of Use will otherwise remain in
full force and effect and enforceable. The failure of either party to exercise in any
respect any right provided for herein shall not be deemed a waiver of any further
rights hereunder.
b. Force Majeure. We shall not be liable for any failure to perform our obligations
hereunder where such failure results from any cause beyond our reasonable
control, including, without limitation, mechanical, electronic or communications
failure or degradation.
c. Assignment. These Terms of Use are personal to you and are not assignable,
transferable or sublicensable by you except with our prior written consent. We
may assign, transfer or delegate any of our rights and obligations hereunder
without consent.
d. Agency. No agency, partnership, joint venture, or employment relationship is
created as a result of these Terms of Use and neither party has any authority of
any kind to bind the other in any respect.
e. Notices. Unless otherwise specified in these Terms of Use, all notices under
these Terms of Use will be in writing and will be deemed to have been duly given
when received, if personally delivered or sent by certified or registered mail,
return receipt requested; when receipt is electronically confirmed, if transmitted
by e-mail; or the day after it is sent, if sent for next day delivery by recognized
overnight delivery service. Electronic notices should be sent
to support@gameon.app.
f. No Waiver. Our failure to enforce any part of these Terms of Use shall not
constitute a waiver of our right to later enforce that or any other part of these
Terms of Use. Waiver of compliance in any particular instance does not mean
that we will waive compliance in the future. In order for any waiver of compliance
with these Terms of Use to be binding, we must provide you with written notice of
such waiver through one of our authorized representatives.
g. Headings. The section and paragraph headings in these Terms of Use are for
convenience only and shall not affect their interpretation.
h. Relationships. The Services are not sponsored, endorsed, administered by, or
associated with Apple or its subsidiaries or affiliates, or by or with any GameOn
customers.
24. CONTACT
You may contact us at support@gameon.app with any questions about these Terms of
Use.
