TERMS OF SERVICE

(End User License Agreement)

Updated January 1, 2024

Welcome to use of the services of Good Gaming Incorporated (“Good Gaming Inc.” or “We”). These Terms of Service (“Terms”) apply to the use of all services provided by Good Gaming Inc., including games developed and/or published by Good Gaming Inc., Good Gaming Inc.’s and aforementioned games’ webpages and other services, such as applications or any social functions of the aforementioned services, or any other services to which these Terms are attached (collectively, “Services”). These Terms govern the relationship between you and Good Gaming Inc. regarding your use of the Services. By downloading, installing, accessing or using any part of the Services you agree to these Terms and agree to be bound by them. Use of the Services is also governed by Good Gaming Inc.’s Privacy Policy and other relevant policies, which are incorporated herein by reference. These Terms along with Good Gaming Inc.’s Privacy Policy affect your legal rights and obligations. If you do not agree to these Terms and the Privacy Policy, you may not access or use the Services.

For United States and Canadian residents, these Terms contain a binding arbitration clause in Section 12 and a class-action waiver that affects your rights about how to resolve disputes. If you live in the United States or Canada, please read these Terms carefully. 

By using the Services, you represent that you are age13 or older. If you are between the ages of 13 and 17, or a minor according to laws applicable to you, you represent that your legal guardian or legal representative has reviewed and agreed to these Terms and has given you permission to access and use the Services.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICES, PLEASE DO NOT INSTALL, USE, OR OTHERWISE ACCESS ANY OF THE SERVICES. USE OF THE SERVICES IS VOID WHERE PROHIBITED.

Good Gaming Inc. reserves the right to make changes to these Terms at any time. Your continued use of the Services will be deemed to confirm your acceptance of the updated terms. In addition to these Terms, you agree to abide by any supplemental policies of the Services, such as policies related to specific services (including, without limitation, forums, chats, contests or sweepstakes) as well as all other related operating rules or policies, each of which is incorporated herein by reference where applicable.

When you access the Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using the Services may be prohibited or restricted by your network provider and some or all parts of the Services may not work with your network provider or device.

 

1. License

Subject to your agreeing to these Terms and your continued compliance with these Terms and any other relevant policies, Good Gaming Inc. hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Services for your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose.

The Services are provided to you for your personal and non-commercial use only. You shall not sell, rent, or give away your access to the Services. You shall not create Services accounts by using false identities or information, or on behalf of someone other than yourself. You shall not use the Services if you have previously been removed from using any part of the Services by Good Gaming Inc., or previously been banned from playing any Good Gaming Inc. game.

You may be required or given the choice to create a user account and/or choose a username for your use of the Services. Good Gaming Inc. reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.

By default, the Services support only one player account per game on a supported device. Additionally, the Services may not support using a single account across multiple devices.

 

1.1. License Limitations

Your use of the Services is strictly tied to your compliance with these Terms. Any use of the Services in violation of these Terms is strictly prohibited and can result in the immediate revocation of your limited license and may subject you to liability towards Good Gaming Inc. or liability for violations of law.

You agree that you will not, under any circumstances:

• use the Services for fraudulent or abusive purposes (including, without limitation, by using the Services to impersonate any person or entity, or otherwise misrepresent Good Gaming Inc.’s affiliation with any person, entity or the Services);
• disguise, anonymize or hide your IP address or the source of any material or content that you upload into the Services;
• interfere with or disrupt the Services, servers or networks that provide the Services;
• attempt to decompile, reverse engineer, disassemble or hack any of the Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by Good Gaming Inc.;
• post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive, or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis;
• post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
• harass, abuse, or harm (or advocate or incite the harassment, abuse, or harm) of another person or group, including Good Gaming Inc.’s employees and customer service representatives;
• solicit or attempt to solicit login information or any other login credentials or personal information from other users of the Services;
• ‘harvest’, ‘scrape’, collect or post any information about or regarding other people that use the Services, including, but not limited to any personal data or information (including but not limited to ‘pixel tags’ cookies, graphics interchange formats (‘gifs’) or similar items aka ‘spyware’ or ‘pcms’ (passive collection mechanisms);
• disrupt the normal flow of a game or otherwise act in a manner that is likely to negatively affect other players’ ability to compete fairly when playing the games;
• institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Services, or other attempts to disrupt the Services or any other person’s use or enjoyment of the Services;
• disobey any requirements or regulations of any network connected to the Services;
• circumvent technological measures designed to control access to, or elements of, the Services; or
• do anything else that Good Gaming Inc. deems not to be within the spirit of fair play or intent of the Services.

You acknowledge and agree that you are solely responsible for your actions in the Services and actions made in the Services using your player account.

Good Gaming Inc. reserves the right to determine what conduct it considers to be in violation of these Terms or other rules of the Services, or otherwise outside the intent or spirit of these Terms or the Services themselves. Good Gaming Inc. reserves the right to take action as a result, which may include terminating your access to the Services in whole or in part.

 

2. Suspension and Termination of Account and Service

WITHOUT LIMITING ANY OTHER REMEDIES, GOOD GAMING INC. MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE PLAYER ACCOUNTS OR ACCESS TO THE SERVICES OR PORTIONS THEREOF IF YOU ARE, OR GOOD GAMING INC. SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICES, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA IN THE SERVICES AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICES, AND GOOD GAMING INC. IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, GOOD GAMING INC. MAY LIMIT, SUSPEND OR TERMINATE THE SERVICES AND PORTIONS THEREOF, PROHIBIT ACCESS TO SERVICES’ GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICES IF GOOD GAMING INC. BELIEVES THAT THE USERS ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THESE TERMS OR OTHER POLICIES. ADDITIONALLY, GOOD GAMING INC. MAY, IN APPROPRIATE CIRCUMSTANCES AND AT ITS SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO GOOD GAMING INC. BELIEVES MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

GOOD GAMING INC. RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

Good Gaming Inc. reserves the right to stop offering and/or supporting the Services or a particular game or part of the Services at any time, at which point your license to use the Services or a part thereof will be automatically terminated. In such an event, Good Gaming Inc. shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services.

Termination of your account can include disabling your access to the Services or any part thereof, including any content you submitted or others submitted.

You may terminate your account at any time and for any reason by contacting us at [email protected] or by using the in-game “contact support” function available in some games.

 

3. Third-Party Services and Material

The Services may contain links to websites or services operated by third parties or feature content which is made available by third-party services and enable you to access and use certain third-party services (such as video sharing services). Use of any websites or services operated by third parties, third-party services and/or content in third-party services shall be, in addition to these Terms, subject to the relevant third-party service provider’s terms and conditions applicable to use of such third-party services or the applicable license(s) under which any such content is made available. Good Gaming Inc. assumes no responsibility for such third-party services and/or content in third-party services. If you decide to access any third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. These other websites are governed by their own privacy policies or information collection practices, which may be substantially different from ours. We encourage visitors to other websites to review the privacy policies and information collection practices of those websites. The appearance of external hyperlinks generated by third parties does not constitute endorsement by Good Gaming Inc. of the opinions or views expressed by these third-party websites and we do not verify, endorse or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, Good Gaming Inc. is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. Under no circumstances will Good Gaming Inc. be liable for any direct, indirect, incidental or special loss or other damages, whether arising from negligence, breach of contract, defamation, or infringement of copyright or other intellectual property rights caused by the exhibition, distribution or exploitation of any information or content contained within third party hyperlinked sites.

These Terms shall be in addition to (and take precedence over where not prohibited) any terms and conditions, applicable to the distribution platform (such as an application store, e.g., Google Play or Microsoft Store) through which you are acquiring the Services, agreed to between you and the relevant third-party entity.

 

4. Ownership

4.1. Intellectual Property Rights

All rights, title and interest in and to the Services (including without limitation any games, titles, computer code, themes, objects, characters, names, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, moral rights, documentation, in-game chat transcripts, recording of games played using Good Gaming Inc.’s game clients and Good Gaming Inc.’s game clients and server software) (“Good Gaming Inc. Property”) are owned by or licensed to Good Gaming Inc., subject to copyright and other intellectual property rights. Good Gaming Inc. reserves all rights, including, without limitation, all intellectual property rights or other proprietary rights in connection with its games and the Services. Except as expressly provided in these Terms, Good Gaming Inc. does not grant any express or implied rights to Good Gaming Inc. Property.

 

4.2. Accounts

YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY SERVICES ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF GOOD GAMING INC.

 

4.3. Virtual Items

Good Gaming Inc. owns, has licensed, or otherwise has rights to use all of the content that appears in the Services. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Services, including without limitation the virtual goods or currency appearing or originating in any part of the Services, whether earned in a game or purchased, or any other attributes associated with an account or stored on the Services.

 

5. User Content

“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit to the Services, or that other users upload or transmit, including without limitation, any chat text. By transmitting or submitting any User Content while using the Services, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential or misleading; (b) not in violation of any laws, contractual restrictions or other third-party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code. By transmitting or submitting any User Content while using the Services, you acknowledge and agree that any of your personal information within such content will at all times be processed by Good Gaming Inc. in accordance with its Privacy Policy.

Good Gaming Inc. assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Services for inappropriate content or conduct. Good Gaming Inc. does not, and cannot, pre-screen or monitor all User Content. Your use of the Services is at your own risk. By using the Services, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Services. At our discretion, our representatives or technology may monitor and/or record your interaction with the Services or communications (including without limitation chat text) when you are using the Services.

By agreeing to these Terms, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.

Good Gaming Inc. reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to, or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason, or for no reason, at any time. If at any time Good Gaming Inc. chooses, in its sole discretion, to monitor the Services, Good Gaming Inc. nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. Good Gaming Inc. has the right, but not the obligation, in its sole discretion to edit, refuse to post, or remove any User Content.

 

5.1. Public Discourse

The Services may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Good Gaming Inc. cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Services. Good Gaming Inc. shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

 

5.2. Responsible for Your Own Content

You are solely responsible for the information that you post on, through or in connection with the Services and that you provide to others. Good Gaming Inc. may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Good Gaming Inc. violates these Terms.

 

5.3. Your License to Good Gaming Inc.

You hereby grant to Good Gaming Inc. an unlimited, irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to a third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, commercially exploit, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Services, including marketing and promotions of the Services. You also hereby grant Good Gaming Inc. the right to authorize others to exercise any of the rights granted to Good Gaming Inc. under these Terms. You further hereby grant to Good Gaming Inc. the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Good Gaming Inc. does not claim any ownership rights in your User Content and nothing in these Terms is intended to restrict any rights that you may have to use and exploit your User Content. Good Gaming Inc. has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

 

5.4. User Interactions

You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services. Good Gaming Inc. reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Good Gaming Inc. to investigate any suspected unlawful, fraudulent, or improper activity.

If you have a dispute with one or more users, you hereby irrevocably release Good Gaming Inc. (and its officers, directors, agents, affiliates, parent companies, subsidiaries, joint ventures and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

 

5.5. Social Media and Game Content

With the limitations set in these Terms, you have the right to upload captions (such as audio, video, and screenshots of the Services to social media services (such as Facebook), online video services (such as YouTube), and online picture sharing services (such as Instagram). All such material must be uploaded without editing it in a way that misrepresents the Services or any games included in the Services.

 

5.6 Copyright

If you believe that one of our users is, through the use of the Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated copyright agent: (a) your physical or electronic signature; (b) identification of the copyrighted work(s) that you claim to have been infringed; (c) identification of the materials or postings on the Services that you claim are infringing and that you request us to remove; (d) sufficient information to permit us to locate such materials or postings; (e) your address, telephone number and email address; (f) a statement that you have a good faith belief that use of the objectionable materials is not authorized by the copyright owner, its agent or under the law; and (g) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement.

Our designated copyright agent can be contacted via email at: [email protected]

 

6. Fees and Purchase Terms

6.1. Purchases

In the Services you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or gems, all for use in the Services; and (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”). You are only allowed to purchase Virtual Items from us or our authorized partners through the Services, and not in any other way.

Good Gaming Inc. may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice. Good Gaming Inc. shall have no liability to you or any third party in the event that Good Gaming Inc. exercises any such rights.

The transfer of Virtual Items is explicitly prohibited. You shall not sell, purchase, redeem or otherwise transfer Virtual Items to any person or entity or attempt any of the aforesaid, including but not limited to Good Gaming Inc., another user, or any third party.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in Good Gaming Inc. games is a service provided by Good Gaming Inc. that commences immediately upon acceptance by Good Gaming Inc. of your purchase.

 

6.2. Payment of Fees

You agree to pay all fees and applicable taxes incurred in connection with your account. Good Gaming Inc. may revise the pricing for the goods and services offered through the Services at any time. YOU ACKNOWLEDGE THAT GOOD GAMING INC. IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

 

7. Updates to the Service

You understand that the Services are constantly changing and evolving. Good Gaming Inc. may require that you accept updates to the Services, such as via installing updates to game clients installed on your device. You acknowledge and agree that Good Gaming Inc. may update the Services, with or without notifying you. You may need to update third-party software or your device hardware from time to time in order to access and use the Services.

 

8. Beta tests

Good Gaming Inc. may offer you a chance to participate in beta tests (open or closed) of certain parts of the Services. Your participation in such beta tests may be subject to a separate non-disclosure agreement and/or supplemental policies.

By applying to and/or participating in beta tests you acknowledge and accept that:

• Due to the unfinished and experimental nature of the beta-tested parts of the Services, Good Gaming Inc. may not provide any customer service or assistance regarding such parts of the Services. The parts of the Services being beta tested may be nonfunctional on some devices regardless of their listed hardware or software requirements or specifications.
• Any in-app purchases, items, equipment, experience points, in-game currency and other such content may be periodically reset by Good Gaming Inc. during the beta tests. Good Gaming Inc. offers no refunds for any such lost content.
• Any feedback or idea submitted by you to Good Gaming Inc. regarding the beta-tested parts of the Services may be utilized by Good Gaming Inc. without any compensation to you. By submitting or creating any material, content (such as in-game user-created content) or feedback regarding the beta-tested parts of the Services, you irrevocably grant to Good Gaming Inc. an unlimited, sublicensable, fully paid up, nonexclusive and transferable license to utilize such material, content and/or feedback in its business.
• Your application to participate in beta tests does not entitle you to be invited to, or to participate in any beta test offered by Good Gaming Inc.

9. Personal data and Security

Good Gaming Inc.’s use of your personal data is governed by Good Gaming Inc.’s Privacy Policy. By downloading, installing, accessing or using the Services, you are agreeing to and approving the processing of your personal data in accordance with the Privacy Policy.

Good Gaming Inc. shall take appropriate measures to prevent unauthorized access to, improper use of and the reasonable accuracy of your personal data submitted to Good Gaming Inc. via the Services. We use various technologies, including, in certain instances, encryption, to ensure high security standards. Any data that is stored on Good Gaming Inc. servers is not generally available to the public. However, the use of internet services always includes security risks.

 

10. Disclaimer of Warranties

WITHOUT LIMITING GOOD GAMING INC.’S LIABILITY UNDER SECTION 11 BELOW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. GOOD GAMING INC. DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.

 

11. Limitation of Liability; Sole and Exclusive Remedy; Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOOD GAMING INC. SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GOOD GAMING INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, GOOD GAMING INC. SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO GOOD GAMING INC. IN ACCORDANCE WITH THESE TERMS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO GOOD GAMING INC. DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND GOOD GAMING INC.’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH GOOD GAMING INC. IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.

NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF GOOD GAMING INC. OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY GROSS NEGLIGENCE OR FRAUD OF GOOD GAMING INC..

You agree to indemnify, defend, and hold harmless Good Gaming Inc. (and Good Gaming Inc.’s officers, directors, agents, affiliates, parent companies, subsidiaries, joint ventures and employees) from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of your use of the Services, or any breach by you of these Terms; provided, however, that the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

 

12. Dispute Resolution

You and Good Gaming Inc. agree that the processes for dispute resolution described in these Terms will apply to any dispute or claims related to these Terms, the Good Gaming Inc. Privacy Policy, or the Services. Disputes include any claims of any kind, including but not limited to legal, equitable, or statutory claims. Processes for dispute resolution will apply even if you stop using your Account, delete your Account, or stop using the Services. 

 

Sections 12.1 to 12.6 only apply to residents of the United States or Canada. They do not apply to you if you are a resident of any other country.

 

12.1 Informal Dispute Resolution

You must try to informally resolve any dispute directly with Good Gaming Inc. for at least thirty days before starting arbitration. The period for informal dispute resolution starts when you have given notice to Good Gaming Inc. of the dispute via email to [email protected].

 

12.2 Arbitration Agreement

You and Good Gaming Inc. agree to resolve any disputes exclusively in final and binding arbitration as follows:

Either you or Good Gaming Inc. may choose to submit any dispute for resolution by final and binding arbitration unless the claim is within the exceptions described below. If a claim is brought to court that can be resolved by arbitration under this section, either party can ask the court to order the parties to resolve the claim by arbitration. The arbitrator will have the exclusive authority to decide whether any portion of Section 12 is valid or enforceable, or whether it applies to a claim.

An arbitration proceeding will be held before a neutral arbitrator. This means you and Good Gaming Inc. agree to give up the right to resolve the dispute in a trial before a judge or jury. Arbitration has different rules than formal lawsuits, e.g., the ability to force the other side to share information may be limited under arbitration compared to discovery in formal lawsuits. A decision by an arbitrator is final and its outcome cannot be changed by a court outside of very limited circumstances. Either you or Good Gaming Inc. can ask a court to confirm or enter the arbitrator’s final decision or award, which will make it the same as a binding court judgment. You and Good Gaming Inc. will generally not be able to change the outcome of arbitration through courts outside of very limited circumstances.

 

12.3. Arbitration Process

The arbitration will be run by the American Arbitration Association (“AAA”). AAA’s rules and procedures will be used for the arbitration, including the Consumer Arbitration Rules. If there is a conflict between these Terms and AAA’s rules and procedures, these Terms will be followed. To review AAA’s Rules or to start arbitration, you can go to AAA’s website. If either you or Good Gaming Inc. decides to start arbitration, the party initiating the arbitration hereby agrees to provide the other party with a written Demand for Arbitration as specified in the AAA Rules.

The fees for arbitration will be determined by AAA’s Consumer Arbitration Rules. If the arbitrator decides that those fees are excessive, Good Gaming Inc. will pay the fees. Each side will pay their own attorneys’ fees and costs unless the claims allow for the prevailing party to recover attorneys’ fees and costs, in which case the arbitrator may award them under the applicable law. If either party unsuccessfully challenges the validity of the arbitrator’s decision or award through a subsequent court case, the unsuccessful party shall pay the opposing party’s costs and attorneys’ fees associated with the challenge.

The arbitration will take place in Philadelphia, Pennsylvania, USA.

 

12.4. Exceptions to Agreement to Arbitrate

You and Good Gaming Inc. agree that the arbitration agreement in Section 12.2. above will not apply in the following disputes:

• Claims about Good Gaming Inc.’s intellectual property, such as claims to enforce, protect, or concerning the validity of Good Gaming Inc.’s copyrights, trademarks, trade dress, domain names, patents, trade secrets, or any other intellectual property rights.
• Claims related to piracy or tortious interference.
• Claims that are not subject to arbitration agreement as a matter of law and are not preempted by federal law that would allow for an agreement to arbitration.
• Claims in small claims court.

Any dispute not subject to arbitration under these exceptions shall be resolved by a federal or state court located in Philadelphia, Pennsylvania. You hereby agree to submit to the personal and exclusive jurisdiction of the Pennsylvania federal and state courts located in Philadelphia. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. 

 

12.5. No Class Actions

You and Good Gaming Inc. agree that we can only bring claims against each other on an individual basis. That means:

• You cannot bring a claim against Good Gaming Inc. as a plaintiff or class member in a class, collective, consolidated, or representative action.
• The arbitrator cannot combine any other person’s claims with yours into a single case or preside over any class, collective, consolidated, or representative arbitration proceeding.
• The arbitrator’s decision or award in your case will not apply to anyone else and cannot be used to decide other people’s disputes.

 

12.6. Opt-Out of Arbitration Agreement an No Class Action Provisions

You can choose to opt out of and not be bound by the Arbitration Agreement and No Class Action provisions above (Sections 12.1. to 12.5.) by sending a written notice of your decision to opt out to [email protected] with the subject line “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT”. You must send us this notice within thirty days of your first use of the Services. If you do not send us a notice within that time, you will be bound to arbitrate disputes in accordance with these Terms. If you opt out of these arbitration provisions, Good Gaming Inc. also will not be bound by them.

 

13. Applicable Law

If you are a resident of the United States or Canada: (1) the United States Federal Arbitration Act (including its procedural provisions) governs the interpretation and enforcement of the agreement to arbitrate and no class actions provisions of Section 12, and (2) any dispute arising out of or related to these Terms, the Good Gaming Inc. Privacy Policy, or the Services shall be governed in all respects by the laws of the State of Delaware, USA without regard to conflict of law provisions. 

 

If you are a resident outside of the United States and Canada, you agree that any claim or dispute arising out of or related to these Terms, the Good Gaming Inc. Privacy Policy, or the Services shall be governed by the laws of United States without regard to conflict of law provisions. 

If you are a resident of the European Union, you may have the right to bring your claim or dispute to an Online Dispute Resolution body. More information on this can be found at https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

 

14. Severability

You and Good Gaming Inc. agree that if any portion of these Terms, Good Gaming Inc.’s Privacy Policy or any supplemental terms are found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms, Privacy Policy, or supplemental terms will continue in full force and effect.

 

15. Assignment

Good Gaming Inc. may assign or delegate these Terms and/or the Good Gaming Inc. Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms or the Privacy Policy without Good Gaming Inc.’s prior written consent.

 

16. Supplemental Policies

Good Gaming Inc. may publish additional or supplementary policies or terms related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms.

 

17. Entire Agreement

These Terms, the Good Gaming Inc. Privacy Policy any additional or supplemental policies and any documents expressly incorporated by reference herein, contain the entire understanding of you and Good Gaming Inc., and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Services.

 

18. Region-specific terms

Effective January 1, 2020 applying to California residents: The California Consumer Privacy Act requires that Good Gaming Inc. maintains a separate web page that allows you to opt out of the sale of your personal information. As Good Gaming Inc. does not track you between its Services, please check each individual Good Gaming Inc. service you have used to find out how to adjust your privacy settings in that service. Please note that Good Gaming Inc. does not sell your personal information to third parties without your prior consent (opt-in).

 

19. No Waiver

The failure of Good Gaming Inc. to require or enforce strict performance by you of any provision of these Terms or the Good Gaming Inc. Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Good Gaming Inc.’s right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by Good Gaming Inc. of any provision, condition, or requirement of these Terms or the Good Gaming Inc. Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in this these Terms, no representations, statements, consents, waivers, or other acts or omissions by Good Gaming Inc. shall be deemed a modification of these Terms nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Good Gaming Inc.

 

20. Notices

We may notify you via the Services or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms, or the Good Gaming Inc. Privacy Policy shall be in writing and addressed to: Good Gaming Incorporated. Attn: Legal, 415 McFarlan Road, Suite 108, Kennett Square, PA. 19348. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

 

21. Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms to Good Gaming Inc. are of a unique and irreplaceable nature, the loss of which shall irreparably harm Good Gaming Inc. and which cannot be replaced by monetary damages alone so that Good Gaming Inc. shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages, limited by Section 11 (if any).

 

22. Force Majeure

Good Gaming Inc. shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Good Gaming Inc., including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Good Gaming Inc.’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

 

Contact information:

Good Gaming Incorporated

Business ID:  GMER OTCQB

Address: 415 McFarlan Road, Suite 108, Kennett Square, PA. 19348 

Email: [email protected]

www.good-gaming.com