ARBITRATION.TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ANY CLAIM, DISPUTE OR CONTROVERSY OF WHATEVER NATURE (“CLAIM”) ARISING OUT OF OR RELATING TO THESE TERMS AND/OR OUR SOFTWARE OR SERVICES MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROCESS DESCRIBED IN SECTION 16 BELOW. PLEASE READ SECTION 16 CAREFULLY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY.
1.1. Legal Agreement. These Terms constitute a legal agreement between you and us. You may not modify these Terms except in writing signed by both Parties. For clarity, “writing” does not mean an email or an electronic or facsimile signature. If you do not agree to these Terms, your sole remedy is to terminate and discontinue your use of the Services.
1.2. Changes. We reserve the right to change the Terms, at any time without prior notice. Any changes will take effect when posted on the Website. You can see when the Terms were last revised by referring to the “Updated” legend above. Your continued use of the Services, including use of the Account or participation in any Tournaments, after any change means you accept and agree to be bound by the updated Terms. It is your sole responsibility to review and become familiar with all changes to the Terms.
2.1. Requirements. You must be at least eighteen (18) years of age to create an Account and participate in a Tournament. In some jurisdictions, territories, and locations where the minimum age for use of an Account or participation in a Tournament is higher than 18 years old, you must meet the age requirement in your local jurisdiction or territory. By creating an Account and participating in a Tournament, you represent and warrant that you meet the minimum age requirement in your local jurisdiction or territory and have the capacity to enter into and be bound by these Terms. Legal residents physically located in any of the fifty (50) states and Washington, DC, excluding Arizona, Arkansas, Connecticut, Delaware, Iowa, Louisiana, Maryland, Montana, South Carolina, South Dakota, Tennessee and Texas are eligible to open an Account and participate in Tournaments. Additionally, real prize gameplay is currently not available in Maine and Indiana if playing cards are involved.
2.2. Registration. You may establish only one Account. If we discover that you have opened more than one Account, we may suspend or terminate any or all of your Accounts. You will be asked for a valid email address that you control and to create a password. After registration, you will be given the opportunity to create a username or accept a username for the Account. We may, in our sole discretion, reject, change, suspend and terminate your username. The password and username are needed to participate in a Tournament. If you forget your password or username, you can [insert]. We may also require that you provide identifying information needed to satisfy our know-your-customer and anti-money-laundering requirements (“KYC/AML Requirements”) as further described below.
2.3. [Non-U.S. Residents. To create an Account, participate in any Tournament or use the Services, you must: (a) be a natural person who is at least 18 years of age or older, and who is personally assigned to the email address submitted during your Account registration; (b) have the power to enter into a contract with us; (c) be physically located in a jurisdiction in which participation in the Tournament you select is permitted and unrestricted by that state or country’s laws; and (d) at all times abide by these Terms.]
2.4. Account Security. You are responsible for maintaining the confidentiality of login credentials and passwords, including, without limitation, any passwords provided to you by us to access the Account and Tournaments. It is a violation of these Terms to allow any other person to use your Account to participate in or access the Services, and you accept responsibility for all activities, charges, and damages that occur under your Account. You must contact us immediately if you believe that someone other than you is using your Account. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use.
2.5. Verification. KYC/AML requirements include, without limitation, verification of your identity and source of funds. You may be required to provide personally identifiable information such as your full name, address, date of birth, bank account information, government-issued photo identification, email address and/or telephone number to create an Account. If your identity cannot be verified, you may be required to submit additional information or documentation. You agree that all information that you provide to us either at the time you register for an Account or at any subsequent time will be truthful, accurate and verifiable in all respects and, by providing such information, you consent to us sharing it with third-party providers of age and identification services to verify your Account. You agree to promptly update any information when it changes. As a registered user, you can update your account settings, including your email address, by logging into your Account and clicking on “Account Settings”. We reserve the right to investigate your Account at any time to ensure compliance with these Terms, our KYC/AML Requirements, and to ensure that no improper or illegal activity is or has taken place.
2.6. Funds. You may deposit funds into your Account upon providing necessary information. We may place a limit on the amount of funds you may deposit at any time. If your Account has insufficient funds or any deposit is charged back or otherwise uncollectible for any reason, any prizes generated from participation in Tournaments from the time of the applicable deposit until its reversal or un-collectability shall be invalidated, forfeited to us and deducted from your Account balance. We reserve the right to close your Account – without notice – if you have insufficient funds if a deposit is charged back.
2.7. Credit Card Deposits. To make deposits by credit card, you must be the authorized user of such credit card. You agree to immediately notify us of any changes to your credit card account number, its expiration date and/or your billing address and any other information needed to make deposits with your credit card. If your credit card is cancelled or expired, you must immediately update your credit card prior to future use. We are not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third. Any attempt to misuse credit cards or other methods of payment or failure to honor legitimate charges or requests for payment will result in immediate termination of your Account, forfeiture of winnings, and pursuit of civil litigation, criminal prosecution and any other remedies under the law
2.8. Withdrawals. You must follow the necessary procedures in order to request a withdrawal from your Account; you may request a withdrawal of any amount up to the full balance of your Account. We may suspend your Account and delay a request for withdrawal of funds pending completion of any investigation of reported or suspected violation of these Terms, verification of eligibility, or to comply with applicable law.
2.10. Compliance with Laws. By using any Services, you represent and warrant that such use will comply with all applicable laws. The Services may not be used for any form of illicit gambling.
2.11. Suspension or Termination. We reserve the right to suspend, disable, or terminate an Account opened by you within our sole discretion, including, without limitation, if it is reasonably believed or determined that you are not of legal age in order to participate in a Tournament, you have insufficient funds in your Account, you have violated any of the Terms, to
comply with applicable law or if your Account has been involved in any illegal or improper activity or a violation of the Terms.
3.1. All payments are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the Account was registered.
4.1. General. Users can visit the Website and view Tournaments available with an Account. Each Tournament that is not free to enter will have an entry fee listed. All fees are stated in U.S. dollars and must be pre-paid and are non-refundable. When you select to participate in a Tournament and complete the entry process, the applicable fee will be debited from your Account.
4.2. Skill. The Tournaments offered through an Account constitute games of skill. Winners are determined by objective criteria described in the Tournament Rules, scoring and any other applicable documentation associated with the Tournament. Individuals are required to use their relevant skill, strategy, and knowledge in participating in the Tournaments. For more information regarding participation in Tournaments, see [_] (“Rules”).
4.3. Tournament Rules. Each Tournament is governed by its own set of Rules. We encourage you to read Tournament Rules before entering and participating in a Tournament. Various Virtual Items (as defined below) may be offered in connection with Tournaments. We reserve the right, in our sole and absolute discretion, to deny you from participating in Tournaments for any reason. We may, in our sole and absolute discretion, invalidate any Tournament result to prevent any violation of these Terms, abusive and any unfair or potentially unlawful activity, or if there is a risk of any such violation of these Terms or abusive, illegal, or unfair activity.
5.1. General. By entering a Tournament, you agree to be bound by the decisions of FYX Gaming, which are final and binding. We may disqualify you or refuse to award benefits or prizes and/or require the return of any prizes if you violate the Terms or engage in conduct or otherwise utilize any information that we deem improper, unfair or adverse to the Tournament or is detrimental to other entrants. We reserve the right (but have no obligation) to monitor the location from which you access Services. If your Account is terminated or suspended for any reason, in addition to any specific provisions of these Terms that are deemed to survive termination as described further herein, these Terms shall remain applicable to your use and access of the Website.
5.2. Rules of Conduct. The following activities are expressly prohibited:
• Submitting false, misleading, or inaccurate personal information to create an Account, enter a Tournament, or claim a prize;
• Engaging in any type of financial fraud including unauthorized use of credit instruments to create an Account, enter a Tournament, or claim a prize;
• Colluding with any other individual(s) or engaging in any type of syndicate play;
• Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on an Account, a Tournament, the Website or the Services or any other user for any purpose;
• Using the Tournaments in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Tournaments, or that could damage, disable, overburden or impair the functioning of the Tournaments in any manner;
• Using the Tournaments to pay for, support or otherwise engage in any illegal activities, including, but not limited to illegal gambling, fraud, money laundering, or terrorist activities;
• Using or attempting to use funds from another user’s Account or Account credentials without authorization;
• Developing any third-party applications that interact with our Tournaments without our prior written consent;
• Tampering with the administration of Tournaments or trying to in any way tamper with the computer programs or any security measure associated with any Tournaments;
• Obtaining other information of other users or impersonating others including to deceive another user for the purposes of illicitly obtaining cards, passwords, account information etc. (aka “scamming”);
• Abusing, or using for your own benefit (commercial or otherwise) other’s personal information that you may come across as a result of participation in at Tournament;
• Taking any action that infringes or violates our or a third party’s rights (including, but not limited to, proprietary and intellectual property rights), violates the law, or breaches any legal duty you may have to us or any third party;
• Reproducing, duplicating, copying, selling, distributing, trading, exploiting, or using any Account or Tournament content or any portion of the Website for any purpose not expressly permitted by these Terms;
• Profanity, obscenities, or use of **asterisks** or other “masking” characters to disguise such word;
• Obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind, as determined by us in our sole discretion;
• Running, framing, or otherwise displaying Account or Tournament content on other website;
• Removing, circumventing, disabling, damaging or otherwise interfering with any features (security related or otherwise) implemented by an Account or Tournament;
• Attempting to gain unauthorized access to an Account or Tournament through hacking, password mining, or any other means meant to interfere with the proper working of the Account or Tournament;
• Using or accessing an Account or Tournament from any jurisdiction or territory in which use of the Account or Tournament is illegal or impermissible; or
• Modifying, adapting, translating or creating derivative works based upon an Account or Tournament, or any part thereof, except, and only to the extent, as expressly permitted by applicable law.
5.3. Cheating, Fraud, and Abuse. By using an Account, participating in a Tournament or otherwise using the Services, you represent and warrant to us that you will not engage in any actions that interrupt or attempts to interrupt the operation of the Services. Anyone who engages in, participates in or displays behavior that may be interpreted, in our opinion, as unfair methods in participating in a Tournament or using the Service, including but not limited to
• opening or using of multiple accounts;
• use of unauthorized or altered software or hardware to assist play;
• intentionally poor play to achieve competitive advantage;
• collusion with other players;
• deliberate transfer of money between accounts (e.g., “money laundering”);
• harassment of other participants; or
• or other activities that unfairly alter your chance of winning or constitutes fraud
(collectively, “Abuse”). Any Abuse will subject you to immediate sanctions, which may include, without limitation termination of your Account and blocking of your access to the Website and Services and forfeiture of prizes. We reserve the right to disclose or report any illegal activity to law enforcement and regulatory authorities. Without limiting our other available remedies, we may institute or seek any injunctive relief, civil and/or criminal proceedings against you and/or any of your co-conspirators arising out of or related to your commission of Abuse, including without limitation our attorneys’ fees in connection with such efforts.
5.4. Your Content. We do not pre-screen user content or communications or control, verify or pay for any user content or communications. We do not endorse, and specifically disclaim any responsibility or liability for, any publicly posted content. We reserve the right to terminate your access to any public forums at any time, without notice, for any reason. We may delete, move or edit content submitted publicly, in whole or in part. You may only upload, send, and receive messages and material that is related to the subject matter of the public forums, complies with applicable laws, and conforms to these Terms. You may not upload to, distribute, or otherwise publish any content, information, or other material that could give rise to any civil or criminal liability under U.S. or international law or includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. User submissions or opinions belong to the individual expressing such submission or opinion only. You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of your submissions or content. Subject to these Terms, you grant to us a worldwide, perpetual, unrestricted, royalty-free license to use, copy, modify, distribute, publish, perform, transmit and display for any purpose any and all communications, materials, content and information that you submit to us, whether directly or through the Services, and waive any moral rights you may therein. Subject to these Terms, any communication or material you transmit to us, including any data, questions, comments, suggestions or the like, will be treated by us a as non-confidential and non-proprietary. You represent and warrant to us and our developer partners that for the duration of these Terms you have (and will have) all the rights necessary for the information and materials you upload or share on the services and that the use will not violate any Applicable Laws. If your Account is cancelled or terminated, we may permanently delete your information and materials and we have no obligation to return your information and materials to you.
5.5. Publicity. By entering into a Tournament or accepting any prize, to the extent allowable by law, you grant us and our affiliates, suppliers, licensors and licensees a perpetual, worldwide, royalty-free irrevocable, non-exclusive right and license to use:
• Your name, likeness, and digital and/or electronic image or likeness
• Any biographical information about you, and
• Any information provided in an Account or as part of a Tournament (collectively, “Publicity Materials”) and to copy, reproduce, modify, adapt, disclose, distribute, publish, publicly and digitally display, translate, distribute, and create derivative works from the Publicity Materials, including the right to incorporate the Publicity Materials into our materials. Such rights extend to use in any form, medium, or technology, now known or later developed, throughout the world, and otherwise use the Publicity Materials for any and all commercial or non-commercial purposes.
5.7. Beta Releases. For any Services that we identify as a “beta” version (“Beta Service”), you acknowledge and agree that a Beta Service may contain more or fewer features than the final release of the Services. We reserve the right to not release a final release of a Beta Service or to change the features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Beta Service. Beta Services may not be suitable for production use and may contain errors affecting proper operation and functionality.
5.8. Tournament Changes and Cancellations. We may modify, suspend or cancel a Tournament in our sole discretion, for reasons that include, without limitation:
• it cannot operate as originally promoted due to technical failures or otherwise;
• a Tournament, computer application, or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to a Tournament in accordance with the Terms or applicable Tournament Rules;
• infection by a computer (or similar) virus, bug; or
• Corruption or negative impacts on the administration, security, fairness, integrity, or proper conduct of a Tournament. We further reserve the right to disqualify any individual associated with any of the foregoing. We will notify you through the Account if such modification, suspension or cancellation occurs. In the event of a cancellation, all entry fees you have paid will be refunded except as specifically provided in these Terms.
6.1. General. We may allow you to obtain, purchase or earn virtual items (collectively, “Virtual Items”) for use through the Account or Tournaments. You may receive free Virtual Items based upon bonuses, rewards, and/or via other methods provided us through use of an Account. You may also earn Virtual Items by winning Tournaments. You can use Virtual Items to participate in other Tournaments that may be offered by us. We may also provide you the opportunity to purchase Virtual Items through the Website for a fee. Your purchase of any Virtual Item is final and no refundable, except as otherwise required by applicable law. Prices and availability of Virtual Items are subject to change without notice.
6.2. License. You acknowledge that you do not in fact “own” Virtual Items. Virtual Items are FYX Gaming’s Intellectual Property as defined below. By acquiring or purchasing Virtual Items, you obtain a limited and revocable license to use the Virtual Items only in a Tournament within our platform, including, without limitation, the Website, Tournaments, and any other games or developments created for placement within our ecosystem. Such license is subject to your compliance with these Terms. This license is personal to the authorized user of the Account, and allows the right to sell and transfer Virtual Items to other account holders authorized to participate in the Tournaments, subject to compliance by both parties with these Terms. Notwithstanding the foregoing, we reserve all rights in and to the Virtual Items not otherwise granted herein, and your right to use the Virtual Items shall be subject to the following: • You will not file for copyright, trademark or other intellectual property rights or take any other actions inconsistent with our ownership rights and the license restrictions; and • You will not reproduce, re-engineer, distribute, or otherwise use the Virtual Items in any manner that may affect our intellectual property rights in the Virtual Items. Any attempt to transfer, sell or take other action related to use of Virtual Items, except as expressly permitted by these Terms, may subject the Account holder to termination of the Account, a lifetime ban from creating and using an Account or participation on Tournaments, use of the Website and/or legal action.
6.3. Assignment. To the extent we do not automatically own any Virtual Item, you hereby irrevocably, expressly and automatically assign to us, in perpetuity, all right, title and interest in and to any such Virtual Items, including, without limitation, all copyrights, patent rights, trade secrets, trademarks, moral rights and all other applicable proprietary and intellectual property rights throughout the world. If you have any rights to Virtual Items that cannot (as a matter of law) be assigned to us in accordance with the foregoing, you unconditionally and irrevocably: (i) waive the enforcement of such rights against us; and (ii) grant to us an exclusive, irrevocable, perpetual, worldwide, royalty-free license (a) to reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally perform and otherwise use and exploit such Virtual Items, (b) to use, make, have made, sell, offer to sell, import and otherwise exploit any product or service based on, embodying, incorporating or derived from Virtual Items, and (c) to exercise any and all other present or future rights not yet known in Virtual Items.
7.1. General. Prizes will be announced prior to the start of the Tournament. You may earn a prize only if you complete the applicable Tournament. We may, in our sole and absolute discretion, require you to execute a separate release of claims as a condition of being awarded any prize or receiving any payout.
7.2. Compliance. We reserve the right to verify your compliance with these Terms, including KYC/AML Requirements, prior to the awarding of any prizes. Prizes won are added to the winning participants Account. We may require that you provide proof that you are, or were at the time of your participation in the relevant Tournament, eligible to participate in accordance with these Terms and that your participation was in accordance with these Terms. If you do not provide such proof to our satisfaction, you will not receive the relevant prize. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with our efforts to do this. We may also reduce payment to you without notice to adjust for any previous overpayment. If any legal authority challenges the awarding of any prizes, we reserve the right to determine whether or not to award such prizes.
7.3. Taxes. All taxes associated with receiving any prize you win are your sole responsibility. It is your responsibility to determine what, if any, taxes apply due to your use of an Account, Tournament or participation in Tournaments, and it is your responsibility to report and remit the correct tax to the appropriate tax authority.
8.1. We may provide links and/or be linked to third party websites (“Third Party Websites”), including, without limitation, those pertaining to goods, products, and/or other services believed beneficial to you. You agree that we are not responsible, nor does we have any control, over the information, content, accuracy, products, services, or other materials that may or may not be provided by or through Third Party Websites. Linking to, or being linked from, Third Party Websites does not constitute, nor should it be construed to imply, our approval or endorsement of the Third Party Website. Your reliance on or use of the materials or content found on Third Party Websites is solely at your own risk, and you assume all responsibilities and consequences resulting from such reliance.
9.1. Indemnification. By creating an Account or entering into a Tournament or accepting any prize, you agree to indemnify, release and to hold harmless FYX Gaming, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the “Released Parties”), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with (i) participation in the Tournament, (ii) the receipt, ownership, use or misuse of any prize, (iii) your use or attempted use of an Account and/or the Tournaments; (iv) your violation of these Terms including without limitation any Tournament Rules; (v) any claims based on breach of applicable laws, publicity rights, defamation, invasion of privacy or other rights of others; (vi) any of your acts that may constitute a violation or infringement of a third party’s proprietary or intellectual property rights; or (vii) negligence, gross negligence, willful misconduct or fraud.
10.1. THE ACCOUNT, TOURNAMENTS, AND WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM AN ACCOUNT, TOURNAMENT OR THE WEBSITE, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FYX GAMING AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) AN ACCOUNT, TOURNAMENT OR THE WEBSITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH AN ACCOUNT, TOURNAMENT OR THE WEBSITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH AN ACCOUNT, TOURNAMENT OR THE WEBSITE; (D) THE MESSAGES AND INFORMATION SENT FROM AN ACCOUNT, TOURNAMENT OR THE WEBSITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH AN ACCOUNT, TOURNAMENT OR THE WEBSITE OR ANY LINKED SITE. FYX GAMING DOES NOT WARRANT THAT AN ACCOUNT, TOURNAMENT OR THE WEBSITE, ANY OF AN ACCOUNT’S, TOURNAMENT’S OR THE WEBSITES' FUNCTIONS, OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT AN ACCOUNT, TOURNAMENT OR THE WEBSITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10.2. FYX GAMING DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF AN ACCOUNT, TOURNAMENT OR THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, FYX GAMING SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF AN ACCOUNT, TOURNAMENT OR THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE AN ACCOUNT, TOURNAMENT OR THE WEBSITE OR SERVICES. FYX GAMING AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
10.3. THE FYX GAMING ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF AN ACCOUNT, TOURNAMENT OR THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
11.1. UNDER NO CIRCUMSTANCES SHALL FYX GAMING, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "FYX GAMING ENTITIES AND INDIVIDUALS"), BE LIABLE TO YOU FOR ANY LOSS PROFITS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) AN ACCOUNT, TOURNAMENT, THE WEBSITE, CONTENT OR SERVICES; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE OR SERVICES; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY FYX GAMING OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF AN ACCOUNT, TOURNAMENT OR THE WEBSITE OR SERVICES; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN AN ACCOUNT’S, TOURNAMENT’S OR THE WEBSITE'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR IF THE FYX GAMING ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF AN ACCOUNT, TOURNAMENT OR THE WEBSITE). IN NO EVENT WILL THE FYX GAMING ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11.2. IN NO EVENT SHALL THE FYX GAMING ENTITIES’ AND INDIVIDUALS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE FYX GAMING ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH AN ACCOUNT, TOURNAMENT OR THE WEBSITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE ACCOUNT, TOURNAMENT OR THE WEBSITE OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF FYX GAMING'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY AN ACCOUNT, TOURNAMENT OR WEBSITE OR OTHER PROPERTY OWNED OR CONTROLLED BY FYX GAMING AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE WEBSITE OR OTHER PROPERTY OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING AN ACCOUNT, TOURNAMENT OR THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
12.1. All Services, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, trade dress or “look and feel”, all Virtual Items as well as all derivative works or modifications of any of the foregoing, and all related and underlying intellectual property (including without limitation patents, trademarks, trade secrets and copyrights), is owned by or licensed to FYX Gaming, subject to copyright, trademark, and other intellectual property rights therein. Information on or in the Services is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without prior written consent of us or our licensors. FYX Gaming reserves all rights not expressly granted in these Terms. You agree not to circumvent, disable or otherwise interfere with security related features of an Account, Tournament or the Website or features that prevent or restrict use or copying or enforce limitations on use of an Account, Tournament or the Website.
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION. YOU AGREE THAT IF WE CANNOT RESOLVE A DISPUTE, ALL DISPUTES ARISING UNDER THESE TERMS SHALL BE SETTLED IN BINDING ARBITRATION. YOU ALSO AGREE THAT ENTERING INTO THIS AGREEMENT CONSTITUTES A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY AND PARTICIPATION IN A CLASS ACTION LAWSUIT.
13.1. Any and all disputes, claims or controversies arising out of or relating to these Terms, the breach thereof, or any use of an Account, Tournament or the Website or Services (each a “Claim”) shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association ("AAA") in accordance with its then governing rules and procedures. In agreeing to arbitrate all Claims, the Parties waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in in the county in which you reside, or another mutually agreeable location. The arbitrator may award any relief that a court of competent jurisdiction could award, and the arbitration decision may be enforced in any court. You agree to abide by all decisions and awards rendered in such a proceeding, which shall be final and conclusive. At your request, hearings may be conducted in person or by telephone. The prevailing party in any action or proceeding shall be entitled to reasonable costs and attorneys' fees.
13.2. Notwithstanding the foregoing arbitration provisions, in no event shall we be precluded or delayed from seeking and obtaining temporary, preliminary and/or permanent injunctive relief, without the posting of any bond or proving of actual damages, against infringement or other violation of its claimed intellectual property or other rights in any court(s) of competent jurisdiction. Through your use of any Services, you hereby consent to, and hereby waive any objection regarding, such jurisdiction and venue.
14.1. Term. These Terms apply to you and to us from the date that you accept the Terms as provided above, until termination of your Account for any reason, or your cessation of use of the Website. You may terminate these Terms at any time and for any reason by going to your Account and following the account closure process, except to the extent you continue to utilize any Services through the Website. Upon termination of your Account, you must immediately discontinue use of the Services and promptly uninstall and delete all copies of any software or other materials owned by us. Immediately upon termination of your Account, all license and rights granted to you under these Terms automatically terminate and you shall automatically forfeit the right to use Virtual Items. Your obligation to pay accrued Fees will survive any termination of these Terms. Any and all terms and conditions within these Terms which should, by their nature, survive termination of these Terms, will survive such termination.
15.1. These Terms shall be governed by shall be interpreted under the laws of NorthCarolina without regard to conflict of laws principles dictating another states’ laws.
15.2. Our employees may use the Services to test the user experience, but may not withdraw money. Our directors, contractors, affiliates, or partners may use Services without such limitation, but only if they do not have any access to non-public information relating to the Services that would lead to any advantage in their Tournament play using the Services.
15.3. Nothing in these Terms shall create or confer any rights or other benefits in favor of any third parties except as specifically provided herein.
15.4. Nothing in these Terms shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between the Parties.
15.5. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
15.6. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
15.7. Our failure of to comply with any provision of these Terms due to pandemic, an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities, power failure, or equipment or software malfunction including network splits or “forks” or unexpected changes in a computer network upon which the Tournaments rely, or other event beyond our reasonable control is not a breach of these Terms.
15.8. These Terms are binding on your successors, heirs, personal representatives, and permitted assigns. You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent, which may be withheld in our sole discretion. We may assign rights or delegate duties under these Terms to an affiliate or subsidiary in our sole discretion.
15.9. These Terms constitute the entire agreement among the Parties with respect to the subject matter described herein and shall supersede all prior agreements and understandings, written or oral, among the Parties.
15.10. If you have any questions or concerns regarding these Terms, Website, or Tournaments, please contact us at [firstname.lastname@example.org ].