1. CHILDREN’S PRIVACY
2. INFORMATION COLLECTION PRACTICES
(a) Traffic Data. Like most website operators, GameFix automatically gathers information of the sort that browsers automatically make available, including: (i) IP addresses; (ii) domain servers; (iii) types of devices accessing the Website; and (iv) types of Web browsers accessing the Website (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify You.
(c) Financial information. In order for You to make use of the Services, You are asked to provide GameFix certain information including your wallet ID. The Website will not gather this information surreptitiously. You are under no obligation to provide this Information, with the caveat that Your refusal to do so may prevent You from using certain of the Services. For additional information on GameFix’s uses of your wallet id, see the section concerning Information Use and Disclosure Practices, below.
(d) Information You Make Public. The Website may contain features (e.g. public profiles, forums, and message boards) that permit You to upload, post, transmit, display, perform or distribute content, information or other, including Your Personal Information. Any information that You choose to disclose by means of such features becomes public information over which GameFix is unable to exercise control. You should exercise caution when deciding to disclose Your Personal Information by means of such features, and You agree to assume all responsibility for doing so.
GAMEFIX DOES NOT CLAIM OWNERSHIP OF ANY PERSONAL INFORMATION. UPON YOUR REQUEST, GameFix SHALL DELETE FROM GameFix’S SYSTEMS ALL OF YOUR PERSONAL INFORMATION AND ANY OTHER FILES OR INFORMATION THAT YOU MADE AVAILABLE TO GAMEFIX OR THAT OTHERWISE RELATE TO YOUR USE OF THE WEBSITE OR SERVICES.
3. INFORMATION USE AND DISCLOSURE PRACTICES
(a) Traffic Data and Information Gathered Using Cookies
GameFix analyzes Traffic Data and information gathered using Cookies to help GameFix better understand who is using the Website and how they are using it. By identifying patterns and trends in usage, GameFix is able to better design the Website to improve Your experience, and to serve You more relevant and interesting content. From time to time, GameFix may release Traffic Data and information gathered using Cookies in the aggregate, such as by publishing a report on trends in the usage of the Website. GameFix does not attempt to link information gathered using Cookies to Personal Information.
(b) Personal Information
Generally. GameFix uses Your Contact Data to send You information about GameFix and GameFix’s products and services, and to contact You when necessary in connection with the Services. GameFix uses Your Financial Data to bill You. GameFix uses Your Demographic Data to customize and tailor Your experience on the Website. As with Traffic Data and information gathered using Cookies, from time to time GameFix may release Demographic Data in the aggregate, such as by publishing a report on trends in the usage of the Website.
(ii) Disclosure Practices
4. CONSENT TO RECEIVE EMAIL FROM GameFix
5. SECURITY OF PERSONAL INFORMATION
GameFix has implemented and maintains reasonable security procedures and practices to protect against the unauthorized access, use, modification, destruction or disclosure of Your Personal Information.
6. LOST OR STOLEN INFORMATION
You must promptly notify us if Your credit, bank, other financial institution information, user name or password is lost, stolen or used without permission. In such and event, we will remove that credit card number, bank account information, other financial institution information, user name or password from Your account and updated our records accordingly.
7. USER ABILITY TO ACCESS, UPDATE, AND CORRECT PERSONAL INFORMATION
8. THIRD-PARTY WEBSITES
9. PROMOTIONAL ACTIVITIES
Effective Date: January 29, 2019
BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 13 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. IN ADDITION, BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE NOT A CONVICTED SEX OFFENDER. Any individual using the Website or Services on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company. This Agreement is void where prohibited.
Subject to Your compliance with the terms and conditions of this Agreement, GameFix grants You a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to use the Website and Services. The Website, or any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of GameFix. Except as expressly set forth herein, this Agreement grants You no rights in or to the intellectual property of GameFix or any other party. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate.
6. USER INFORMATION; PASSWORD PROTECTION
You will also be asked to provide a wallet ID in connection with Your use of the Services. You are entirely responsible for maintaining the confidentiality of Your wallet ID. You may not use the account, user name, or wallet ID of any other member at any time. You agree to notify GameFix immediately of any unauthorized use of Your account, user name, or wallet ID. GameFix shall not be liable for any loss that You incur as a result of someone else using Your wallet ID, either with or without Your knowledge. You may be held liable for any losses incurred by GameFix, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of Your account or wallet ID. You must also promptly notify GameFix if any credit/debit card that You have provided to us is lost, stolen or used without permission.
7. RELIANCE ON THIRD-PARTY CONTENT
Opinions, advice, statements, or other information made available by means of the Website and Services by third-parties are those of their respective authors and should not necessarily be relied on. Such authors are solely responsible for such content. GameFix DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY INFORMATION ON THE WEBSITE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY BY MEANS OF THE WEBSITE AND SERVICES. UNDER NO CIRCUMSTANCES WILL GameFix BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO OR BY ANY THIRD-PARTY.
8. YOUR INTERACTIONS WITH OTHER MEMBERS
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER GameFix MEMBERS. YOU ACKNOWLEDGE AND UNDERSTAND THAT GameFix HAS NOT, AND DOES NOT, IN ANY WAY: (A) SCREEN ITS MEMBERS; (B) INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS MEMBERS. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER MEMBERS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER MEMBER IN PERSON. GameFix DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS MEMBERS. IN NO EVENT SHALL GameFix BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY MEMBER’S CONDUCT IN CONNECTION WITH SUCH MEMBER’S USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN MEMBERS.
9. PUBLIC PROFILES; INFORMATION PROVIDED BY MEMBERS
As part of registration with the Website, members must create public profiles, which contain certain identifying information (such as age, marital status, religion, etc.). In addition, members have the option to post photographs, videos and other information (such as likes and dislikes) on their public profiles. GameFix relies on its members to provide current and accurate information, and GameFix does not, and cannot, investigate information contained in member public profiles. Accordingly, GameFix must assume that information contained in each member public profile is current and accurate. GameFix DOES NOT REPRESENT, WARRANT OR GUARANTEE THE CURRENCY OR ACCURACY OF PUBLIC PROFILE INFORMATION, AND HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY INFORMATION PROVIDED BY MEMBERS BY MEANS OF PUBLIC PROFILES OR OTHERWISE IN CONNECTION WITH THE SERVICES.
10. MEMBER DISPUTES
GameFix reserves the right, but disclaims any perceived, implied or actual duty, to monitor disputes between Website members. You agree to hold GameFix harmless in connection with any dispute or claim You make against any other member.
11. CONSENT TO RECEIVE EMAIL FROM GameFix
By registering with the Website, you thereby consent to receive periodic email communications from GameFix regarding the Services, new product offers, promotions and other matters.
12. CONSENT TO RECEIVE EMAIL COMMUNICATIONS FROM MEMBERS
By registering with the Website, you thereby consent to receive electronic communications, including email and personal messages, from other Website members.
13. REFERRAL SYSTEM FEATURES; AFFILIATE PROGRAM
The Referral System feature of the Website allows You to invite friends and family to join the GameFix network by sending a referral link.
Member Affiliates will be assigned a referral link that can be utilized as a marketing tool by pasting into a website, blog, or email. This referral link will insure that members who join via Your invitation are attributed to You. Your referral link will enable You to spread the GameFix news in many different ways. We love giving You the tools to make Your marketing efforts a success!
GameFix’s Member Affiliate Program allows You to refer friends and family through our Referral System and/or by using Your own personal referral link. You may also refer friends and family through the Referral System without becoming an Affiliate. For a complete explanation of the Referral Program, please review the Referral Program page on the Website. GameFix RESERVES THE RIGHT, IN GameFix’S SOLE DISCRETION, TO CHANGE THE REFERRAL PROGRAM COMMISSION STRUCTURE OR TERMS AND CONDITIONS IN EFFECT, OR TO ADD NEW TERMS AND CONDITIONS, BY POSTING SUCH CHANGES ON THE WEBSITE OR PROVIDING NOTICE TO YOU.
ALL FEES AND CHARGES ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. GameFix RESERVES THE RIGHT, IN GameFix’s SOLE DISCRETION, TO CHANGE THE FEES AND CHARGES IN EFFECT, OR TO ADD NEW FEES AND CHARGES, BY POSTING SUCH CHANGES ON THE WEBSITE OR PROVIDING NOTICE TO YOU. Should You wish to cancel Your membership, please visit the Become a Citizen link. For more information regarding GameFix’s Chargeback Policy, please visit the Chargebacks page.
15. THIRD-PARTY WEBSITES
The Website is linked with the websites of third parties (“Third-Party Websites”), some of whom may have established relationships with GameFix and some of whom may not. GameFix does not have control over the content and performance of Third-Party Websites. GameFix HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, GameFix DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. GameFix DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.
16. USER CONTENT
In connection with the operation of the Website and Services, You hereby grant GameFix and its successors and assigns (collectively, the “GameFix Parties”) a non-exclusive, assignable, revocable as stated in this Agreement, license to use, copy, distribute, transmit, publicly display or perform User Content, in any medium now existing or later devised (the “User Content License”). You acknowledge and agree that You will not be compensated for any exercise of the User Content License. When You delete User Content from the Website, it is akin to emptying the recycle bin on your computer. You understand that deleted User Content may remain on GameFix’s servers as backup copies for a reasonable period of time, but will not be available with others. The deletion of any User Content from the Website automatically terminates the User Content License with respect to such deleted User Content, unless You have shared such deleted User Content with others and they have not deleted the content. Any termination of Your Website membership and/or this Agreement shall automatically terminate the User Content License with respect to all of Your User Content, unless You have shared User Content with others and they have not deleted the content. Any User Content that You post on GameFix becomes public information over which GameFix is unable to exercise control. You should exercise caution when deciding to post User Content on GameFix, and You agree to assume all responsibility for doing so. You hereby represent and warrant that You own all rights, title and interest in and to User Content or are otherwise authorized to grant the rights provided the GameFix Parties under this section. You further represent and warrant that all User Content fully complies with GameFix’s Community Guidelines.
17. PUBLIC FORUMS
“Public Forum” is any area, site or feature offered as part of the Website (including without limitation public profiles, discussion forums, message boards, blogs, chat rooms, emails or personal messaging features) that enables You (a) to upload, submit, post, display, perform, distribute and/or view User Content, and/or (b) to communicate, share, or exchange User Content with other Website members or other Website visitors. You acknowledge that Public Forums, and features contained therein, are for public and not private communications. You further acknowledge that anything You upload, submit, post, transmit, communicate, share or exchange by means of any Public Forum may be viewed by other Website members, and therefore, You have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Content you upload, submit, post, transmit, communicate, share or exchange by means of any Public Forum and for the consequences of submitting or posting same. GameFix DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR PUBLIC FORUMS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.
18. YOUR RESPONSIBILITY FOR DEFAMATORY COMMENTS
You agree and understand that you may be held legally responsible for damages suffered by other Website members or third-parties as the result of Your remarks, information, feedback or other content posted or made available on the Website that is deemed defamatory or otherwise legally actionable. Under the Federal Communications Decency Act of 1996, GameFix is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available on the Website.
19. OBJECTIONABLE CONTENT
You represent and warrant that you shall not use the Website or Services to upload, post, transmit, display, perform or distribute any content, information or materials that, including without limitation:
are libelous, defamatory, abusive, or threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, or pornographic; constitute child pornography; solicit personal information from or exploit in a sexual or violent manner anyone under the age of 18; incite, encourage or threaten physical harm against another; promote or glorify racial intolerance, use hate and/or racist terms, or signify hate towards any person or group of people; glamorize the use of hard core illegal substances and drugs; advertise or otherwise solicit funds or constitute a solicitation for goods or services; violate any provision of this Agreement or any other GameFix agreement or policy, including without limitation GameFix’s Community Guidelines; or is generally offensive or in bad taste, as determined by GameFix (all of the above collectively referred to as “Objectionable Content”).
20. PROHIBITED USES
GameFix imposes certain restrictions on Your use of the Website and the Services. You represent and warrant that you will not:
“stalk,” bully, intimidate or otherwise harass any person, or contact any person who has requested not to be contacted; provide false, misleading or inaccurate information to GameFix or any other member; impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; solicit, harvest or otherwise collect information about GameFix users, including user names, passwords, email addresses and phone numbers; post unauthorized commercial communications on the Website; engage in unlawful multi-level marketing, such as a pyramid scheme; offer any contest, giveaway or sweepstakes; use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites; access content or data not intended for You, or log onto a server or account that You are not authorized to access; attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; except as provided under Section 13, use the Website or Services to send unsolicited e-mail, including without limitation, email promotions or advertisements for products or services; forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the GameFix Parties in providing the Website or Services.
21. INTELLECTUAL PROPERTY
(a) Compliance with Law
You represent and warrant that, when using the Website and Services, You will obey the law and respect the intellectual property rights of others. Your use of the Website and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third-party’s copyrights, trademarks, or other intellectual property or proprietary rights. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE AND SERVICES. YOUR BEAR THE SOLE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS.
GameFix, Blockplay, Primal Age, Skirmisher, Conquest, Warlord, and the ” logos” (collectively, the “GameFix Marks”) are trademarks or registered trademarks of GameFix. Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of third-parties. Neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to, or any license to reproduce or otherwise use, the GameFix Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the GameFix Marks generated as a result of Your use of the Website and Services will inure to the benefit of GameFix, and You agree to assign, and hereby do assign, all such goodwill to GameFix. You shall not at any time, nor shall You assist others to, challenge GameFix’s right, title, or interest in or to, or the validity of, the GameFix Marks.
(c) Copyrighted Materials; Copyright Notice
All content and other materials available through the Website and Services, including without limitation the GameFix logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by GameFix or are the property of GameFix’s licensors and suppliers. Except as explicitly provided, neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to any such materials. Copyright 2004 to the present, GameFix. ALL RIGHTS RESERVED.
(d) Copyright Policy
As GameFix asks others to respect GameFix’s intellectual property rights, GameFix respects the intellectual property rights of others. If you believe content located on or linked to by the Website violates Your copyright, you are encouraged to notify GameFix in accordance with GameFix’s Copyright Policy. GameFix will respond to all such notices, including as required or appropriate by removing the offending material or disabling all links to the offending material. GameFix has adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed on the rights of GameFix or of a third-party, or otherwise violated any intellectual property laws or regulations.
22. DISCLAIMERS; LIMITATION OF LIABILITY
(a) NO WARRANTIES.
GameFix, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, GameFix, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NEITHER GameFix NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER GameFix NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR SERVICES.
(b) YOUR RESPONSIBILITY FOR LOSS OR DAMAGE
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD GameFix OR ITS LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
(c) LIMITATION OF LIABILITY
THE LIABILITY OF GameFix AND ITS LICENSORS AND SUPPLIERS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GameFix OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO GameFix OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF GameFix AND ITS LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE AGGREGATE PRICE YOU PAID TO GameFix DURING THE SIX MONTHS PRECEDING THE INCIDENT OR INCIDENTS GIVING RISE TO SUCH LIABILITY YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN GameFix AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND GameFix OR BETWEEN YOU AND ANY OF GameFix’S LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. GameFix’S LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
(e) YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other GameFix policies, and with any applicable laws or regulations.
(f) INDEMNITY BY YOU
Without limiting any indemnification provision of this Agreement, You agree to defend, indemnify and hold harmless GameFix and its officers, directors, employees, agents, affiliates, representatives, sublicensees, successors and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, “Claims”), including but not limited to legal costs and fees, arising out of or relating to: (i) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (ii) Your access to or use of the Website or Services; (iii) Your provision to GameFix or any of the Indemnified Parties of information or other data; or (iv) Your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation; or (v) Your violation or alleged violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.
22. GOVERNING LAW; JURISDICTION AND VENUE
The Website, Services, and this Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in New Zealand and shall be governed by and construed in accordance with the laws of New Zealand without regard to its conflict of law principles. ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN ABOVE. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
(a) Requirement of Arbitration.
You agree that any dispute, of any nature whatsoever, between You and GameFix arising out of or relating to the Website, Services, or this Agreement, shall be decided by neutral, binding arbitration before a representative of the American Arbitration Association (AAA) in Minneapolis, Minnesota (unless You and GameFix mutually agree to a different arbitrator) who shall render an award in accordance with the substantive laws of Minnesota. A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment. The arbitrator shall award costs (including, without limitation, the AAA fee and reasonable attorneys’ fees) to the prevailing party.
(b) Remedies in Aid of Arbitration; Equitable Relief.
This agreement to arbitrate will not preclude You or GameFix from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude You or GameFix from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING “EQUITABLE RELIEF” WILL BE THE FEDERAL AND STATE COURTS LOCATED IN AND AROUND MINNEAPOLIS, MN; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.
(a) Termination; Survival
Either party may terminate this Agreement and its rights hereunder at any time, for any or no reason at all, by providing to the other party notice of its intention to do so in accordance with this Agreement. This Agreement shall automatically terminate in the event that You breach any of this Agreement’s representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by GameFix. Upon termination, all rights, licenses and obligations created by this Agreement will terminate, except that Sections 1-2, 4, 6, 7-10, 15, and 17-28 will survive any termination of this Agreement. For clarification, termination of this Agreement will not relieve You of Your obligation to pay any fees owed GameFix.
(b) Effect of Termination
Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Website and Services. Upon termination, GameFix shall delete from GameFix’s systems all of Your User Content, Personal Information and any other files or information that You made available to GameFix or that otherwise relate to Your use of the Website or Services. Subsequent to termination, GameFix reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Website and Services, including without limitation technological barriers such as IP blocking and direct contact with Your Internet Service Provider.
(c) Legal Action
If GameFix, in GameFix’s discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, GameFix will be entitled to recover from You as part of such legal action, and You agree to pay, GameFix’s reasonable costs and attorneys’ fees incurred as a result of such legal action. The GameFix Parties will have no legal obligation or other liability to You or to any third party arising out of or relating to any termination of this Agreement.
All notices required or permitted to be given under this Agreement must be in writing. GameFix shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to GameFix. You agree that any notice received from GameFix electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH GameFix IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY GameFix OF AN EMAIL TO THAT ADDRESS. You shall give any notice to GameFix by means of: (1) fax at: 218-963-2122; (2) U.S. mail, postage prepaid, to 8660 Fernmont Rd., Nisswa, MN 56468; or (3) email to: scot@AlphaEG.com.
This Agreement constitutes the entire agreement between GameFix and You concerning Your use of the Website and Services. This Agreement may only be modified by a written amendment signed by an authorized executive of GameFix or by the unilateral amendment of this Agreement by GameFix and by the posting by GameFix of such amended version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of GameFix. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and GameFix are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Except for the GameFix Parties and the Indemnified Parties as and to the extent set forth in Sections 20, 24, and 22(c), and GameFix’ licensors and suppliers as and to the extent expressly set forth in Section 22, there are no third-party beneficiaries to this Agreement. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by You would cause irreparable injury to GameFix and GameFix’ licensors and suppliers, and would therefore entitle GameFix or GameFix’ licensors or suppliers, as the case may be, to injunctive relief. The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this Agreement.