Please read these Terms of Use (collectively with the GameOn Privacy Policy at https://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”). These Terms of Use set forth the legally binding terms and conditions for your use of the Platform and the Services. You must agree to and accept all of the Terms of Use, or you don’t have the right to use the Services.

1. 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 this reference. For example, in some cases your use of the Platform will be subject to the terms of use and/or contest rules made available to you by GameOn customers.

   • c.

     These Terms of Use apply to all users of the Services (including 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. 2. 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.

3. 3. 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 (a “Third Party Account”). You must provide 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 opened more than one Account per person, 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 Account password secure. 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 are 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.

4. 4. Contests.

   The following terms are applicable to contests run on the Platform:

   • a.

     Contests run on the Platform are games of skill. Winners are determined by the criteria stated in each contest’s rules. All participation is subject to any contest rules and other applicable rules and requirements made available by GameOn or its customers.

   • b.

     GameOn reserves the right, in our sole discretion, to cancel contests, disqualify any participants from a contest or the entire Service, 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 Service 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.

5. 5. 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.

     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 https://www.venly.io/terms-conditions.

6. 6. Content.

   • a.

     Definition. For purposes of these Terms of Use, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this agreement, “Content” also includes all User Content (as defined below).

   • 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. You retain ownership of any and all User Content created and/or uploaded by you. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.

   • c.

     Notices and Restrictions. The Services may contain Content specifically provided by us, our 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 these Terms of Use, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content (other than your User Content) for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content (other than your User Content) for commercial use or in any way that violates any third party right.

   • e.

     License Grant. By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, manipulate, truncate, aggregate, reproduce, distribute, prepare derivative works of, 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 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 your 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 6(e) 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 your termination of your Account or the Services. For clarity, the foregoing license grants 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.

   • f.

     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 or 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.

   • g.

     Publicity. By entering a contest through the Platform, you consent to GameOn’s and our service providers’ and 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/or GameOn and our business generally. You acknowledge and agree that we, and our business partners, may make public statements about entrants and winner(s), including on-air, online, or otherwise, including by announcing winners publicly. You agree that participation in and (where applicable) the winning of a prize in connection with a contest constitute complete compensation for your obligations under this paragraph, 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.

   • h.

     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.

7. 7. Rules of Conduct.

   • a.

     As a condition of use, you promise not to 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 of 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 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:

     • A.

       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 18 below);

     • B.

       you know is false, misleading, untruthful or inaccurate;

     • C.

       is unlawful, threatening, abusive, harassing, defamatory, libelous, 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;

     • D.

       constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);

     • E.

       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;

     • F.

       impersonates any person or entity, including any of our employees or representatives; or

     • G.

       includes anyone’s identification documents 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 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.

8. 8. Third Party Services.

   The Services may permit you to link to or otherwise access other websites, services or resources 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 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.

9. 9. 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. Under no circumstances shall we be liable for claims or damages therefrom arising out of your informed decision to disseminate your location information through the Service.

10. 10. 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.

11. 11. Suspension; Termination.

    We may suspend or terminate your access to all or any part of the Services, including any contests, at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Services. 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. 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.

12. 12. 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:
      A. which users gain access to the Services;
      B. what Content you access via the Services; or
      C. 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.

    • 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. 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.

13. 13. Indemnification.

    You shall defend, indemnify, and hold harmless us, our affiliates and our customers each of our and their respective employees, contractors, directors, suppliers, sponsors, business partners, advertisers, prize providers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, 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 right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

14. 14. Limitation of Liability.

    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, 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), (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.

15. 15.

    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 all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.

16. 16. 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.

17. 17. 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.

18. 18.

    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 the end of this policy.
    • 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:
      1. 1.A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
      2. 2.Identification of works or materials being infringed;
      3. 3.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 Company is capable of finding and verifying its existence;
      4. 4.Contact information about the notifier including address, telephone number and, if available, e-mail address;
      5. 5.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
      6. 6.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 to Receive Notification of Claimed Infringement for GameOn at support@gameon.app.

19. 19.Apple Device and Application Terms.

    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:

    • a.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;
    • b.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;
    • c.You will only use the Application in connection with an Apple device that you own or control;
    • d.You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
    • e.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;
    • f.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;
    • g.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;
    • h.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;
    • i.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
    • j.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.
20. 20. 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 Term of Service, 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.