Terms of Use and Services

As of April 18, 2019 - Legal Department

 

Welcome to Gamercraft! These Terms of Use ("Terms") are a contract between you and Gamercraft, Inc. ("Gamercraft" or "we") and govern your access to and use of any Gamercraft website, mobile application (such as for iPhone or Android) or content (the "Site") or any gaming, analytics, coaches, coaching sessions, digital classes or other services, experiences, activities, events, services, recordings, and/or products made available through Gamercraft (collectively, "Services"). Please read these Terms carefully before accessing and/or using the Site and/or Gaming services.

 

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE YOU TO ARBITRATE ALL DISPUTES YOU HAVE WITH GAMERCRAFT ON AN INDIVIDUAL BASIS. PLEASE SEE SECTION 15 FOR MORE INFORMATION ABOUT THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND GAMERCRAFT WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS WIDE ARBITRATION.

 

1. Terms of Use.

a) Acceptance of Terms. By accessing and/or using the Site and/or , or clicking any button to indicate your consent, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site or any Services.

b) Amendment of Terms. Gamercraft may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Site or Services after such posting constitutes your consent to be bound by the Terms, as amended.

c) Additional Terms. In addition to these Terms, certain plans, offers, products, services, elements or features may also be subject to additional terms, conditions guidelines or rules which may be posted, communicated or modified by us or applicable third parties at any time. Your use of any such plan, offer, product, service, element or feature is subject to those additional terms and conditions, which are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control. The Gamercraft Privacy Policy is hereby incorporated by reference.

 

2. Gamercraft Platform

a) Gamercraft Platform. The Gamercraft platform enables consumers to reserve, schedule, purchase, access and attend a wide range of gaming coaching sessions, services, training camps, physical locations and training centers. The Gamercraft analytics platform provides players’ meta data, game history (stats), strategic insights, points of comparison, and gaming projections for the specific games offered on the platform. The analytics dashboards may also provide information about other users and gamers, as well as information about professional matches. You can check the games Gamercraft currently supports here.

 

b) Membership Options. There are a number of ways to participate in Services through Gamercraft, such as various subscription plans, promotional plans, digital Services, and non-subscription purchases. These options consist of different Services and features and may be subject to additional and differing conditions, prices, policies and limitations. We reserve the right to modify, terminate or otherwise amend our offered options and plans at any time in our discretion. From time to time we may permit non-subscribers to access certain Services, content or features for a cost or at no cost. Gamercraft makes no commitment on the quantity, availability, type or frequency at which such Services, content and features will be available to non-subscribers and may modify, discontinue, remove or suspend access at any time and for any reason in our sole discretion.

 

c) Subscription Plans. To enjoy full access to the Site and Services, you need to sign up for a subscription. A subscription starts on the date that you sign up for a subscription and submit payment via a valid Payment Method (defined below) or reactivate a pre-existing subscription. Unless we otherwise communicate a different time period to you at the time of sign up or otherwise (such as a multi-month commitment plan), each billing cycle is one month in length (a "Subscription Cycle"). Your Gamercraft subscription automatically renews each month, and we will automatically bill the monthly subscription fee to your Payment Method each month, until your subscription is cancelled or terminated. For example, if you purchase your Gamercraft subscription on September 3, your subscription will automatically renew on October 3 (as further explained in "Subscription Cycles," below). You must provide us with a current, valid, accepted method of payment ("Payment Method"). We may update the accepted methods from time to times. If you add a subscription to your base subscription or if you upgrade or downgrade to a different subscription, all such subscriptions will be governed by these Terms and will continue indefinitely until canceled or terminated.

 

d) Use of Credits. Depending on the subscription plan you choose and purchase, you will be allotted credits to be used solely to book services and session within the Gamercraft platform of each Subscription Cycle. You can choose how you use your credits across the various services available to you.

 

Credits expire at the end of each Subscription Cycle, meaning that any credits you don’t use during the applicable Subscription Cycle will not roll over into future months, unless we expressly communicate otherwise. You can find more information about the current rollover policies here. You can see how many days you have left in each Subscription Cycle in your account settings. If your subscription is canceled or terminated your unused credits will expire immediately. There will be no refund or payment for any unused amount. When your cycle automatically renews for the next month, you’ll automatically receive your new allotment of credits. If you have any questions about how to use your credits, please contact us and we can help you.

 

Credits have no cash value or any other value outside of the Gamercraft platform and are not redeemable for cash. For the avoidance of doubt, the credits do not operate or serve as stored value facilities in any way. You may not transfer, trade, gift or otherwise exchange Gamercraft credits. Note that separate from credits, you can also buy a gift certificate. Gift certificates and credits are not the same thing. Our gift certificates are called "gift cards". Unlike credits, gift cards never expire. Gift cards are discussed further in Section 9(b) below.

 

e) Coaching Session Availability and Allocation. The exact number and type of Services and Coaching Sessions you take during any Subscription Cycle will depend on the number of credits needed to book the particular coach and coaching session you select. The number of credits needed to book a particular session or Service will vary and is determined based on a variety of factors, including but not limited to coach availability, time of day, location, pricing, popularity and other characteristics. Gamercraft does not guarantee the availability of any particular coach or coaching session. Gamercraft also reserves the right to change the number of credits you receive, including per cycle, plan, geography or otherwise.

 

f) Digital Classes. Gamercraft may allow you to access to a variety of audio or video Digital Classes from your computer or mobile device, via live stream and/or on demand. To access these Digital Classes, you need to comply with certain technical and hardware requirements. Certain digital classes may involve your participation through connected devices such as gaming headsets or other Gamercraft specific gadgets. If you participate in such digital Classes through a connected device, we may collect gaming data and other metrics (e.g., watching time and engagement) to calculate and improve your metrics.

 

g) Non-Subscription Purchases. Gamercraft may permit you to purchase certain products or services through the Site, in addition to your subscription or without having a subscription. You acknowledge and agree that these Terms apply to any such purchase you make, and you will be responsible to pay the applicable fees, which may change at any time.

 

i) Gamercraft Account. Your Gamercraft account is personal to you and you agree not to create more than one account. You cannot transfer or gift subscriptions or credits to third parties or allow third parties to use your Gamercraft account, including other Gamercraft users. You must not use or exploit the Site and/or Services for commercial purposes. We continually update and test various aspects of the Gamercraft platform. We reserve the right to, and by using the Site and/or Services you agree that we may, include you in or exclude you from these tests without notice. You understand and agree that Gamercraft may take actions we deem reasonably necessary to prevent fraud and abuse.

 

You agree that the information you provide to Gamercraft at sign up and at all other times will be true, accurate, current, and complete and that you will keep this information accurate and up-to-date at all times. When you sign up, you will be asked to create a password. You are solely responsible for all activity that occurs under your account, including any activity by unauthorized users. To use the Site you must have access to the Internet and may be required to download a Gamercraft mobile application to use some or all of Gamercraft features. You are solely responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Site and Services.

 

k) Communications: By providing your information or creating an account, you agree that Gamercraft may contact you by email, direct mail, telephone or text messages at any of the addresses or phone numbers, as applicable, provided by you or on your behalf in connection with Gamercraft account, including for marketing purposes. You may opt-out of marketing and content emails via the provided unsubscribe link or otherwise opt-out by contacting us at any time.

 

3. Fees, Billing, Cancellation

a) Recurring Billing. By initiating a Gamercraft subscription, you authorize us to charge you for your initial subscription period and a recurring monthly subscription fee at the then current rate, which may change from time to time. You acknowledge that the amount billed each month may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. You also authorize us to charge you any other fees you may incur in connection with your use of the Site, such as any applicable sign-up fee, taxes and cancellation or late fees, as further explained below. Note that even if you do not use the subscription or access the Site and/or Services, you will be responsible for subscription fees until you cancel your subscription, or it is otherwise terminated.

 

b) Subscription Cycle. When you sign up and purchase your Gamercraft subscription, your first Subscription Cycle will be billed immediately. Unless we expressly communicate otherwise, your subscription will automatically renew each month and you will be billed on the same date each month. We reserve the right to change the timing of our billing (and if we do, we’ll make adjustments to the amounts we charge, as appropriate). In the event your paid subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Gamercraft membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your subscription.

 

c) Refunds. Generally, our fees (including the monthly fee for your membership and any other fees) are nonrefundable unless we specifically communicate otherwise at the time of purchase. However, we will provide a refund to subscribers for their current prepaid subscription period only in the following circumstances: (i) if you are canceling your subscription and request a refund within 5 days of the date of your first payment for your subscription or (ii) if your subscription is cancelled prior to the end of a period for which you have incurred a charge, due to your relocation, disability or death; provided, however, in each case we reserve the right to charge a fee to cover the cost of any class or other services or products you may have used or received prior to your cancellation and to ask for proof of such changed condition, to the extent permitted by law.

 

WE DO NOT PROVIDE REFUNDS OR MAKE GOODS FOR ANY PRIOR MONTHS INCLUDING FOR UNUSED CREDITS.

 

d) Price Changes. We reserve the right to adjust pricing at any time. Unless we expressly communicate otherwise, any price changes to your subscription will take effect on your next billing cycle upon notice communicated through a posting on the Gamercraft website or mobile applicable or such other means as we may deem appropriate from time to time, such as email. If you do not cancel your subscription, you will be deemed to have accepted these new fees.

 

e) Payment Methods. You may edit your Payment Method information by logging onto our website or mobile app and editing it in your account settings. If a payment is not successfully settled due to expiration, insufficient funds or otherwise, you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method or any other payment method you have provided, as it may be updated, including in the event you attempt to create a new account, reactivate the unsettled account or sign up for a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our Site or any portion thereof.

 

f) Cancellation of Subscription. Unless we communicate otherwise, you may terminate your subscription at any time before your subscription renews by going into your account settings on the Gamercraft website and letting us know you would like to cancel. Unless we communicate otherwise, following any cancellation you will continue to have access to your subscription through the end of your current prepaid Subscription Cycle, unless you cancel and receive a refund in which case your access will be terminated immediately. Note that if you do terminate your subscription, we reserve the right to charge a reactivation fee if you want to return to Gamercraft in future months or to restrict your access in future months. If you cancel your subscription or it is terminated for any reason, you will lose access to all Services, content, credits or features available through the subscription.

 

6. Privacy.

Your privacy is important to Gamercraft. The Gamercraft Privacy Policy is hereby incorporated into these Terms by reference. Please read the privacy policy carefully for information relating to Gamercraft’s collection, use, and disclosure of your personal information. When you make a reservation, the applicable Venue partner will have access to certain information about you, such as your name and email address, so it can provide services to you, communicate with you regarding the class you reserved and send you other communication that may be of interest to you such as marketing offers. Please see Gamercraft’s Privacy Policy for more information.

 

7. Prohibited Conduct.

Without limiting the prohibitions and restrictions found elsewhere throughout the Terms, you agree not to:

  • Harass, threaten, stalk, disrupt or defraud users, members or staff of Gamercraft or Venues or any other person, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
  • Act in a deceptive or fraudulent manner by, among other things, impersonating another person or access another user’s account or signing up for more than one account;
  • Share Gamercraft passwords with any third party or encourage any other user to do so;
  • Permit anyone to use any coaching sessions or services booked under your own membership, including other members;
  • Reserve or cancel any class directly with a Venue, rather than through the Site;
  • Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, use for commercial purposes or otherwise exploit any portion of the Site;
  • Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights or notices from any portion of the Site;
  • Upload material (e.g. virus) that is damaging to computer systems or data of Gamercraft or users of the Site or otherwise use the Site in any manner that could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site;
  • Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others;
  • Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
  • Decompile, reverse engineer or disassemble the Site, in whole or in part, except as may be permitted by applicable law;
  • Link to, mirror or frame any portion of the Site;
  • Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site or unduly burdening or hindering the operation and/or functionality of any aspect of the Site;
  • Attempt to gain unauthorized access to or impair any aspect of the Site or its related systems or networks or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
  • Make unsolicited offers, advertisements, proposals, or send junk mail or "spam" to users;
  • Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein;
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
  • Modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site;
  • Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site;
  • Use the Site for or in connection with any purpose that is unlawful or prohibited by these Terms.
  • Gamercraft reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

 

8. User Submissions.

a) General. The Site provides certain features which enable you and other users to submit, post, and share content, which may include without limitation text, graphic and pictorial works, or any other content submitted by you and other users through the Site ("User Submissions"). Gamercraft does not guarantee any anonymity or confidentiality with respect to any User Submissions, and strongly recommends that you think carefully about what you upload to, share with or make accessible to the Site. You understand and agree that User Submissions may be made public without any additional notice to or consent by you and you should assume that any person (whether or not a user of Gamercraft’ platform), including any Venue, may read or have access to your User Submissions. Gamercraft is not responsible for the use or disclosure of any information that you disclose in connection with User Submissions, including any personal information. User Submissions are displayed for information purposes only and reflect the opinions of the person making the submission. They are not controlled by, and may not reflect the opinion of, Gamercraft. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not Gamercraft, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit, or otherwise make available through the Site.

 

b) Right to Remove or Edit User Submissions. Gamercraft makes no representations that it will publish or make available on the Site any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Site, or to edit or remove any User Submission at any time with or without notice. Without limiting the generality of the preceding sentence, Gamercraft complies with the Digital Millennium Copyright Act, and will remove User Submissions upon receipt of a compliant takedown notice (see the "Digital Millennium Copyright Act" section below). Gamercraft may, but is not obligated to, monitor and edit or remove any activity or content, in whole or in part, including but not limited to content that Gamercraft determines in its sole discretion to violate the standards of this Site. Gamercraft takes no responsibility and assumes no liability for any User Submissions.

 

c) License Grant by You to Gamercraft. You retain all your ownership rights in original aspects of your User Submissions. By submitting User Submissions to Gamercraft, you hereby grant Gamercraft and its affiliates, sublicensees, partners, designees, and assignees of the Site (collectively, the "Gamercraft Licensees") a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, translate, prepare derivative works of, publicly display, publish, publicly perform, and otherwise exploit your User Submissions and derivatives thereof in connection with the Site and Gamercraft’s (and its successors’) business, for any purpose, including, without limitation, for marketing, promoting, and redistributing part or all of the Site (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed.

 

d) User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting, sharing, displaying, publishing them or otherwise making them available. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Gamercraft to use all patent, trademark, copyright, or other proprietary rights in and to your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by Gamercraft and these Terms, and to grant the rights and license set forth above, and (ii) your User Submissions, Gamercraft’ or any Gamercraft Licensee’s use of such User Submissions pursuant to these Terms, and Gamercraft’ or any of Gamercraft Licensee’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) contain any material that is illegal, threatening, obscene, racist, defamatory, libelous, hateful, pornographic, purposely false or otherwise injurious to third parties, promotional in nature, promotes any illegal activity or harm to groups or individuals, or consists of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of "spam" or references to illegal activity, malpractice or false advertising; (c) violate any applicable law or regulation or these Terms or; (d) exploits minors; or (e) require obtaining a license from or paying fees or royalties to you or any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others.

 

e) Inaccurate or Offensive User Submissions. You understand that when using the Site, you may be exposed to User Submissions from a variety of sources and that Gamercraft does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST Gamercraft WITH RESPECT THERETO.

 

f) Feedback. If you provide Gamercraft with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site ("Feedback"), Gamercraft shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant Gamercraft a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose without notice to, consent by or compensation to you or any third party.

 

g) Infringing or Illegal Activity. In the event of infringing or other illegal activities, we have no obligation to, but reserve the right to terminate access to the Site and remove all content submitted by any persons who are found to be infringers. Any suspected illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Gamercraft may have at law or in equity.

 

h) Gamercraft Ratings. You may be required to rate your Coaches and/or other Gamercraft experiences and products that you use and experience.

 

9. Promotions

a) Trials. From time to time we may offer a trial membership that includes access to the Gamercraft platform during the trial period. Trials will have the duration and price communicated at the time you sign up. Unless otherwise communicated, a trial begins at the moment of sign up (even if you choose not to take your first Coaching session until a later date) and ends at 11:59pm ET on the last day of the trial (for a one-week trial, this would be the same weekday of following week). Each trial membership automatically will convert to a regular monthly subscription and price unless canceled by 12pm ET on the day before the last day of trial. Customers that cancel and do not convert to a regular subscription may not use Gamercraft’s services after the end of the trial membership period (even if booking occurred before the end of the applicable trial period). Trials, discount offers, and promotions (collectively "Trials") may be redeemed as described in the specifics of the promotion and may be subject to additional or different terms. Unless we expressly communicate otherwise, Trials are not transferable, may not be combined with other offers or redeemed for cash and are void where prohibited. You understand and agree that unless we expressly communicate otherwise, Trials are available only to new users that have never had a Gamercraft account before and there is only one Trial permitted per credit card or payment method and it is a violation of these Terms to sign up for a Trial if you have signed up for an account or trial in the past or to have more than one account or trial at the same time. Gamercraft reserves the right, in its absolute discretion, to determine your eligibility for a Trial. If in our discretion we believe you are not eligible for a Trial, we reserve the right to prevent you from signing up for a Trial or to terminate your promotional subscription. If we terminate your Trials because you have violated these Terms, you understand that you will not be eligible for a refund.

 

b) Gift Cards. From time to time we may make available gift cards for Gamercraft membership. The current terms that apply to gift cards can be found here. Other than gifting a gift card as described in the gift card terms, you may not gift Experience or credits to the third parties and your use of Gamercraft is personal to you.

 

c) Refer a Friend. From time to time we may make available certain incentives for Gamercraft users to refer a friend to use Gamercraft. The current terms that apply to referrals can be found here.

 

d) Other Promotions. Gamercraft may offer additional types of offers and promotions which will be subject to additional terms and conditions that Gamercraft may provide

 

10. Termination of Membership and Account

You understand and agree that, at any time and without prior notice Gamercraft may (1) terminate, cancel, deactivate, disable, delete and/or suspend your subscription, your account, any orders placed, or your access to or use of the Site, your membership and/or Services (or any portion thereof, including but not limited to your access to any or all Venues, credits or Services or services) and/or (2) discontinue, disable, suspend, modify or alter any aspect, feature or policy of the Site , including of your subscription. This includes the right to terminate or modify any subscription prior to the end of any pre-paid or committed period. Upon any termination or otherwise, we may immediately deactivate your account and all related information and/or bar any further access to your account information and the Site. Gamercraft shall have no liability for, and you shall have no recourse for, any such termination or deactivation, except as set forth in the following sentence. If you are subscriber, then upon any such termination by us without cause, as your sole recourse, we will issue you a pro rata refund of the prepaid portion of your subscription applicable to future unused services (less any fees or costs for Services or services already used). If we determine that you have violated these Terms or otherwise engaged in illegal or improper use of your membership, Services and/or the Site, you will not be entitled to any refund and you agree that we will not be responsible to pay any such refund. You agree that Gamercraft will not be liable to you or any third party for any termination or modification to the service regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us is to cancel or terminate your subscription. If Gamercraft deletes your account for these reasons, you may not re-register for or use the Site and/or Services under any other user name, email, payment method or profile. Gamercraft may block your access to the Site to prevent re-registration.

 

 

11. Third-Party Materials

The Site may include links or access to other web sites or services ("Linked Sites") solely as a convenience to users. Gamercraft does not endorse any such Linked Sites, or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Gamercraft makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. You agree that you will not use any third-party materials in a manner that would infringe or violate rights of any other party or any applicable jurisdiction and that Gamercraft is not in any way responsible for any such use by You or by any third party. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, CONTENT, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.

 

12. Intellectual property

You agree that Services, including but not limited to the algorithms, graphics, user interface, audio clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by Gamercraft and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that You will not use such proprietary information or materials in any way whatsoever except for use of the Services in compliance with these Terms. No portion of the Services or Platform may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on Services or Platform in any manner, and You shall not exploit Services or Platform in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

 

Notwithstanding any other provision of these Terms, Gamercraft reserves the right to change, suspend, remove, or disable access to any areas of the Platform, content, or other materials comprising a part of the Services at any time without notice. In no event Gamercraft will be liable for making these changes. Gamercraft may also impose limits on the use of or access to certain features or portions of the Services, in any case and without notice or liability.

 

All copyrights in and to the Services or Platform (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by the Gamercraft or its licensors. The use of any part of the Services and related software, except for use of Services as permitted in these Terms, is strictly prohibited and infringes on the intellectual property rights of others and may subject You to civil and criminal penalties, including possible monetary damages, for copyright infringement.

 

Gamercraft, gamercraft.com, appropriate logos, and other Gamercraft trademarks, service marks, graphics, and logos used in connection with the Services or Platform are trademarks or registered trademarks of Gamercraft. Other trademarks, service marks, graphics, and logos used in connection with the Services or Platform may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

 

13. Electronic Signatures and Agreements.

You acknowledge and agree that by clicking on the button labeled "CONFIRM PURCHASE," "SUBMIT", "DOWNLOAD", "PLACE MY ORDER", "I ACCEPT" or such similar links as may be designated by Gamercraft to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY GAMERCRAFT. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

 

14. General Disclaimers; No Warranties.

SERVICES AND OTHER NON-GAMERCRAFT PRODUCTS AND SERVICES MADE AVAILABLE VIA THE SITE ARE PROVIDED BY THIRD PARTIES (AND THE DESCRIPTIONS OF THE FOREGOING POSTED ON THE SITE ARE PROVIDED BY SUCH THIRD PARTIES), NOT GAMERCRAFT. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOUR USE OF THE SITE AND YOUR ATTENDANCE AT, PARTICIPATION IN, PURCHASE AND/OR USE OF THE SERVICES, IS SOLELY AT YOUR OWN RISK. WE DO NOT ASSUME ANY LIABILITY OR MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING OUT OF, IN CONNECTION WITH OR WITH RESPECT TO THE SITE AND/OR SERVICES.

IN NO EVENT SHALL GAMERCRAFT BE LIABLE FOR ANY ACT, ERROR OR OMISSION BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH A USER’S ATTENDANCE, USE OF OR PARTICIPATION IN A CLASS OR PRODUCT, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY. GAMERCRAFT IS NOT AN AGENT OF ANY THIRD-PARTY.

 

ALL ASPECTS OF OR CONTENT OR FEATURES AVAILABLE THROUGH THE SITE AND/OR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GAMERCRAFT, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND PARTNERS, DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

 

WITHOUT LIMITING THE FOREGOING, GAMERCRAFT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT THE SITE AND/OR ANY CLASS IS SUITABLE FOR YOU OR WILL MEET YOUR PERSONAL NEEDS, (II) REGARDING THE ADEQUACY OR SAFETY OF ANY CLASS OR RECOMMENDATION, (III) THAT THE SITE AND/OR ANY CLASS, OR ANY ASPECT THEREOF, WILL BE AVAILABLE OR PERMITTED IN YOUR JURISDICTION, (IV) THAT THE SITE, OR ANY ASPECT THEREOF, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) REGARDING THE USE OF THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL, CONTENT OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL, CONTENT OR DATA.

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SET FORTH IN THESE TERMS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE SITE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.

 

15. Arbitration Agreement

PLEASE READ THE FOLLOWING CAREFULLY:

a) Purpose. This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and Gamercraft. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial.

 

Please read this Arbitration Agreement carefully. It provides that all disputes between you and Gamercraft shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees).

 

For the purpose of this Arbitration Agreement, "Gamercraft" means Gamercraft and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term "Dispute" means any dispute, claim, or controversy between you and Gamercraft regarding any aspect of your relationship with Gamercraft, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced.

 

WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.

 

b) Pre-Arbitration Dispute Resolution. Before initiating any Dispute, whether in court or arbitration, you must first give Gamercraft an opportunity to resolve the Dispute by mailing written notification to Gamercraft, Legal Department. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If Gamercraft does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.

 

c) Arbitration Procedures. If the Dispute is not resolved as provided above in the Pre-Arbitration Claim Resolution section, either you or Gamercraft may initiate arbitration proceedings. The American Arbitration Association ("AAA"), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement. For arbitration before the AAA, for Disputes in which less than $75,000 is at issue, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. In the event that this Arbitration Agreement conflicts with the applicable arbitration rules, this Arbitration Agreement shall govern. Under no circumstances will class action procedures or rules apply to the arbitration. Because your contract with Gamercraft, the Terms of Use, and this this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

 

d) Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by applicable federal law, including but not limited to the Federal Arbitration Act ("the FAA"), and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

 

e) Location of Arbitration. Arbitration shall take place in New York County, New York, but it may proceed by telephone if you so choose.

 

f) Payment of Arbitration Fees and Costs. Gamercraft will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.

 

g) Class Action Waiver. Any Disputes arising out of or relating to your use of the Site and/or attendance at, participation in or use of Classes, any purchase you make on or through the Site, any information you provide via the Site, and/or these Terms (including the formation, performance, or alleged breach), shall be submitted individually by you and will not be subject to any class action or representative status. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) . Neither you, nor any other Member of Gamercraft and/or user of Gamercraft services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding with respect to the matters set forth in the first sentence of this paragraph. You agree that this Class Action Waiver is material and essential to the arbitration of any dispute between you and Gamercraft and is non-severable from the Arbitration Agreement. If any portion of this Class Action Waiver is limited, voided, or cannot be enforced, then the Arbitration Agreement shall be null and void. You understand that by agreeing to this Class Action Waiver, you may only pursue Dispute against Gamercraft in an individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding.

 

h) Limitation of Procedural Rights. You understand and agree that, by entering into this Arbitration Agreement, you and Gamercraft are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and Gamercraft might otherwise have a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). By using the Gamercraft Site or any Class, product or services, or otherwise accepting these Terms, you are entering into this Arbitration Agreement, and you give up those procedural rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.

 

i) Severability. If any clause within this Arbitration Agreement, other than the Class Action Waiver clause above, is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable and the Dispute will be decided by a court of competent jurisdiction.

 

j) Continuation. This Arbitration Agreement shall survive the termination of your contract with Gamercraft and your use of the Gamercraft Site, Classes and services.

 

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Gamercraft reserves the right to modify these Terms and to impose new or additional terms or conditions on your use of Services or Platform at any time. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms. From time to time We may ask You to renew Your strict approval of these Terms in order to further use services or Platform

 

Any updated version of the Terms, posted on the Platform shall be legally binding for You at the moment of your use of the Platform. You agree that updating the Terms on the Platform without separate notice to You is sufficient, and therefore Gamercraft is not obliged to notify You directly of any changes of the Terms.