GameTime Live Inc. Terms of Service
Welcome! We’ve drafted these Terms of Service (which we call the “Terms”) so you’ll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There’s a good reason for that: These Terms do indeed form a legally binding contract between you and GameTime Live Inc. So please read them carefully.
Children Under the Age of 13
The App is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.
What Information Do We Collect?
The information we gather enables us to personalize, improve and continue to operate the Services. In connection with certain aspects of the Services, we may request, collect and/or display some of your Personal Information. We collect the following types of information from our users.
Account Information: If you create an account on the Services (“Account”), you may be required to provide information that could be Personal Information, such as your name, phone number and/or email address. Additionally, if you register for or access the Services using a Third Party Service (such as your social media account login credentials), we may receive Personal Information that you allow such Third Party Service to share with us. You acknowledge that this information may be personal to you, and by creating an Account and providing Personal Information to us, you allow others, including us, to identify you and therefore may not be anonymous. We may use your contact information to send you information about our Services. You may unsubscribe from some of these messages by emailing us at email@example.com, although we, regardless, reserve the right to contact you when we believe it is necessary, such as for account recovery purposes.
Location Information: Some of our Services may include features based on users’ actual locations and may report on users’ current locations (“Location-Based Services”). To the extent you voluntarily opt to use any Location-Based Services, we may collect and store information about your location at the time you use those Location-Based Services. Additionally, we may also collect and/or receive location information from your use of the Services generally, which can come from a variety of sources, depending on how you use or access the Services. For example, a User Image taken from your mobile device may contain location information related to where the image was taken, or a mobile device may report its GPS location at the time Location-Based Services are used.
IP Address Information and Other Information Collected Automatically: Generally, the Services automatically collect usage information, such as the number and frequency of visitors to the App and users of the Services. We may use this data in aggregate form, that is, as a statistical measure, or in other anonymous forms, but not in a manner that would identify you personally. This type of data enables us and third parties authorized by us to figure out how often individuals use parts of the Services so that we can analyze and improve them.
We automatically receive and record information from your web browser and device when you interact with the Services, including your IP address and cookie information and other mobile identifiers. This information is used for fighting spam/malware and also to facilitate collection of data concerning your interaction with the Services (e.g., what links you have clicked on).
We may collect some device-specific information if you access the Services using a mobile device. Device information may include but is not limited to unique device identifiers, network information, and hardware model, as well as information about how the device interacts with our Services.
Email, Text, and Push Notification Communications: We may communicate with you via push notification, email, SMS, MMS, or other text message (“Message”) (to the extent you permit us to do so), and we may collect information regarding such communications, such as confirmation when you open an email, read a Message or receive a push notification. We use this information to improve our Services, including without limitation our customer service.
Aggregate Information: We collect statistical information about how both unregistered and registered users, collectively, use the Services (“Aggregate Information”). Some of this information is derived from Personal Information. This statistical information is not Personal Information and cannot be tied back to you, your Account or your web browser.
How, and With Whom, Is My Information Shared?
Public Information About Your Activity on the Services: Some of your activity on and through the Services is public. This may include, but is not limited to, content you have posted publicly on, through or in connection with the Services, including without limitation on public portions of Third Party Services. Please remember that if you choose to provide Personal Information using certain public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services.
Aggregate and Non-Personally Identifiable Information: We share Aggregate Information with our partners, service providers and other persons with whom we conduct business (“Business Partners”). We may also share information with our Business Partners that is (i) not Personal Information or (ii) derived from Personal Information but has been anonymized so that it is no longer personally identifiable (collectively with Aggregate Information, “Non-Personal Information”). We use and share this type of data so that we and our Business Partners can understand how and how often people use our and their services or websites, which facilitates improving our Services, their services and how our Services interface with their services. In addition, these Business Partners may share with us non-private, aggregated or otherwise non Personal Information about you that they have independently developed or acquired.
Email and SMS Communications with Us: As part of the Services, you may occasionally receive push notifications, email, SMS text, and other communications from us, such as communications relating to your Account.
User Profile Information: User profile information including your username and other information you enter may be displayed to other users to facilitate user interaction within the Services. We will not directly reveal user email addresses to other users.
Social Media: We may share your User Content (as defined in the Terms of Service), or some derivative thereof, on our company-branded social media channels, and we may tag you in such post using your name, social media name, handle, or other identifier.
Information Shared with Our Agents: We employ and contract with people and other entities that perform certain tasks on our behalf and who are under our control (our “Agents”). We may need to share Personal Information with our Agents in order to provide products or services to you. Unless we tell you differently, our Agents do not have any right to use Personal Information or other information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information with our Agents.
Information Disclosed Pursuant to Business Transfers: In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.
Information We Share With Your Consent: Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.
Is Information About Me Secure?
We seek to protect Account information to ensure that it is kept private; however, we cannot guarantee the security of any Account information. We store all of our information, including your IP address and device information, using industry-standard techniques. We do not guarantee or warrant that such techniques will prevent unauthorized access to information about you that we store, Personal Information or otherwise. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. Additionally, you are responsible for preventing unauthorized access to your Account and Personal Information by protecting your Account credentials and limiting access to Service Device (as defined in the Terms of Service).
What Information of Mine Can I Access?
If you are a registered user, you can access information associated with your Account by contacting us at firstname.lastname@example.org. Registered and unregistered users can access and delete cookies through their web browser settings.
California Privacy Rights: Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: GameTime Live, Inc., 3801 N Capital of Texas Hwy suite d-120, Austin, TX 78746.
How Can I Delete My Account?
Should you ever decide to delete your Account, you may do so through the App, by deleting the App or by emailing email@example.com. If you terminate your Account, any association between your Account and information we store will no longer be accessible through your Account. However, any public activity on your Account prior to deletion will remain stored on our servers and will remain accessible to the public.
What Choices Do I Have Regarding My Information?
You can use some of the features of the Services without registering, thereby limiting the type of information that we collect.
You can opt not to disclose certain information to us, but please note that certain information may be needed to take advantage of some of our features.
You can delete your Account. Please note that we will need to verify that you have the authority to delete the Account, and activity generated prior to deletion will remain stored by us and may be publicly accessible.
You can choose to opt out of certain communications or communication methods; however, if you do so, you may not be able to take advantage of some of our Services’ features.
What If I Have Questions or Concerns?
If you have any questions or concerns regarding privacy using the Services, please send us a detailed message to firstname.lastname@example.org.
THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTIONS 11 AND 12.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW (SECTION 11), YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
You represent and warrant that you are an individual person at least 13 years of age. The App and the Services are not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the App. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this App or on or through any of its features, make any purchases through the App, use any of the interactive or public comment features of this App or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at email@example.com.
3. Registration Information
To sign up for the Services, we may require you to register for an Account on the Services (an “Account”). You must provide accurate and complete information and keep your Account information updated. If you provide any information that is inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Company may deny you access to Contests, areas requiring registration, disqualify you from Contests, revoke Prizes, or terminate your Account, in its sole discretion.
You shall not: (i) select or use as a username a name of another person with the intent of impersonating that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password and login credentials secure. You may never use another person’s user Account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
You may establish, maintain, use and control only one Account on the Service. Each Account on the Service may only be owned, maintained, used and controlled by one individual. For avoidance of doubt, users may not “co-own” accounts on the Service. In the event Company determines that you have opened, maintained, used or controlled more than one Account, in addition to any other rights that Company may have, Company reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any Prizes.
Each year all winners over the previous year may be required to provide updated address and social security (or other tax identification number) details to Company. These details will be used to allow Company to comply with tax regulations and may be shared with appropriate tax authorities. You, not Company, are responsible for filing and paying applicable state and federal taxes on any winnings. Company does not provide tax advice, nor should any statements in this Agreement or on the Service be construed as tax advice.
All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You retain ownership of any and all User Content created and/or uploaded by you. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, manipulate, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the App, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the App or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. For the sake of clarity, to the extent any User Content you submit includes your name, likeness, voice, video, or photograph, you acknowledge and agree that the foregoing license of this Section 4 shall apply to the same. You also hereby do and shall grant each user of the App or the Services a non-exclusive, perpetual license to access your User Content through the App or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services. For clarity, the foregoing license granted to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
5. Rules of Conduct
A. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty, including but not limited to, facilitating the rebroadcast of the GameTime Live Services (see our DMCA Copyright Policy in Section 15 below); (ii) uses the Services for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws; (iii) uses screen reader technology, algorithms, or any other automated technological means to interpret, analyze, research, or gain information about a question or submit an answer to a question; (iv) you know is false, misleading, untruthful or inaccurate, including, but not limited to, providing inaccurate contact or Account information; (v) illicitly manufactures Extra Lives or other benefits by providing inaccurate information, buying or selling such benefits, creating multiple accounts, or other means; (vi) results in the creation or operation of multiple user accounts; (vii) creates multiple entries into Contests, by any means, including multi-accounting; (viii) logs an Account into multiple devices simultaneously; (ix) logs an Account into more than five different devices over the course of the history of the Account; (x) logs multiple Accounts into a single device over the course of the history of any of the Accounts; (xi) enters you into a contest for which you are not eligible, whether by multi-accounting, providing misleading information, masking or altering your IP address, or other means; (xii) results in the sale or transfer of your Account; (xiii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, otherwise violates any law or right of any third party, or is otherwise inappropriate as determined by us in our sole discretion; (xiiii) constitutes unauthorized or unsolicited advertising, junk or bulk email (“spamming”); (xv) contains software viruses or any other computer codes, files, content, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; (xvi) is designed or intended to obtain password, Account, or private information from any GameTime Live user; (xvii) impersonates any person or entity, including any of our employees, representatives, or users; (xviii) promotes or links to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content; or (xviiii) includes anyone’s identification documents or sensitive financial information.
C. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the App without our express written permission; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
D. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
F. If for any reason the Service is not running as originally planned (e.g., if it becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Company corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), Company reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause or to cancel, terminate, extend, modify or suspend the Service, and select the winner(s) from all eligible entries. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Site.
6. Third-Party Services
The Services may permit you to link to or otherwise access other websites, services or resources on your device and the Internet, and other websites, services or resources may contain links to or be accessed by the Services or the App (including, without limitation, sites and services to synchronize video to music). These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link or access does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
Location-Based Services. We may offer features that are based on the location of users and which may report on the locations of those users as they use the Services (the “Location-Based Services”). You may partake in using these Location-Based Services solely at your own discretion, and may opt out of providing such information by turning off those features. Should you use Location-Based Services, you are consenting to our collection and dissemination of your location information through the Services. Under no circumstances shall we be liable for claims or damages therefrom arising out of your informed decision to disseminate your location information through the Service.
In-App Purchases. Through the Applications, you may purchase (“In App Purchase”) certain goods designed to enhance the performance of the Services (“Goods”). When you purchase Goods, you are doing so through either Apple iTunes service or the Google Play service and you are agreeing to their respective Terms and Conditions. (http://www.apple.com/legal/internet-services/itunes/us/terms.html; http://play.google.com/intl/en_us/about/play-terms.html). We are not a party to any In App Purchase.
8. Warranty Disclaimer
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; or how you may interpret or use the Content.
You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
10. Limitation of Liability
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) THE VALUE OF THE PRIZES YOU HAVE WON DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $50.00.
11. Binding Arbitration
Either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by the JAMS in accordance with the provisions of its Streamlined Arbitration Rules & Procedures, excluding any rules or procedures governing or permitting class actions.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The Commercial Arbitration Rules governing the arbitration may be accessed at www.jamsadr.com or by calling 1.800.352.5267. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Company will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Company will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents in Canada, arbitration shall be initiated in the County of Travis, State of Texas, United States of America, and you and Company agree to submit to the personal jurisdiction of any federal or state court in Travis County, Texas, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
12. Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
A. Exception–Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
B. 30-Day Right to Opt Out
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to the following address: GameTime Live, Inc., 3801 N Capital of Texas Hwy, suite d-120, Austin, TX 78746. The notice must be sent within 30 days of 2/03/19 or your first use of the Service, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Company also will not be bound by them.
C. Changes to this Section
Company will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
For any dispute not subject to arbitration you and Company agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Austin, TX. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
The Terms and the relationship between you and Company shall be governed by the laws of the State of Texas without regard to conflict of law provisions.
13. Governing Law and Jurisdiction
15. DMCA Copyright Policy
The Company has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
-A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
-Identification of works or materials being infringed;
-Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
-Contact information about the notifier including address, telephone number and, if available, email address;
-A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
-A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Please contact the Designated Agent to Receive Notification of Claimed Infringement for the Company at firstname.lastname@example.org or at:
GameTime Live, Inc.
3801 N Capital of Texas Hwy, Suite D-120
Austin, TX 78746
16. Apple Device and Application Terms
In the event you are accessing the Services via an application on a device provided by Apple, Inc. (“Apple”) or an application obtained through the Apple App Store (in either case, an “Application”), the following shall apply:
C. You will only use the Application in connection with an Apple device that you own or control;
D. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
E. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
F. You acknowledge and agree that the Company, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
G. You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, the Company, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
H. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
I. Both you and the Company acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of Agreement which may affect or be affected by such use; and
J. Both you and the Company acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these terms, and that upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as the third-party beneficiary hereof.
B. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
H. Relationships. The App is not sponsored, endorsed, administered by, or associated with Apple or its subsidiaries or affiliates.
I. Contact. You may contact us at the following address: GameTime Live, Inc., 3801 N Capital of Texas Hwy, Suite d-120, Austin, TX 78746.
CONTEST OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. The GameTime Live Application (the “Contest”) is sponsored by GameTime Live, Inc. (“Sponsor”). The Contest is not sponsored, endorsed, administered by, or associated with Apple Inc. or its subsidiaries or affiliates.
THE CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.
Subject to these Official Rules, the Contest is open to individual persons who are at least 13 years old as of the date of entry. If you are 12 years old or younger, you may not use the Application. To be eligible to receive a Prize (as defined below), the information associated with the entrant’s account must be true and accurate. The information associated with the entrant’s account must identify the actual entrant into the Contest. In order to facilitate the delivery of a Prize (as defined below), GameTime Live may attempt to contact the winner using the information provided during account registration. If GameTime Live cannot get in contact with the winner using that phone number, the winner may forfeit his/her Prize. Certain Contests are only open to residents of specific countries. Any person that enters into a Contest that he/she is not eligible to enter may not win a Prize (as defined below) in that Contest.
Employees, agents, and contractors (collectively, “employees”) of Sponsor and its respective parents, affiliates, subsidiaries, and advertising and promotion agencies and any other entity involved in the development or administration of this Contest, and all persons residing in the same households as employees, including but not limited to immediate family members are not eligible to win the Contest while the employee is employed or engaged by Sponsor and for six months following the employee’s last day working with or for Sponsor.
Entrants may, in certain circumstances, communicate with, work with, or otherwise benefit from others with whom they have a preexisting relationship while participating in a Contest. However, entrants may not communicate with, work with, or otherwise benefit from more than 25 other persons while entering a Contest if the communications between the entrant and those persons is facilitated by any technological means other than those explicitly provided by Sponsor.
GameTime Live reserves the right to verify an entrant’s eligibility before, during, or after the Contest.
Notice to all international entrants: As stated above, it is your responsibility to comply with the contest laws of your country/jurisdiction. You acknowledge that certain countries/jurisdictions have laws regarding Contests that may prevent Sponsor from awarding you your Prize (as defined below). If you are a winner and this happens to be the case with your country/jurisdiction, you acknowledge that you may not be able to receive any Prize at all from Sponsor. By entering this Contest, you acknowledge the risks, and understand that you may win, but not be able to receive a Prize.
Events in the Contest (“Events”) will be announced through the App from time to time. You may join the Contest while it is live. Sponsor reserves the right to cancel Events and the Contest, in our sole discretion, without any restrictions.
HOW TO ENTER:
No purchase or payment is necessary to participate in the Contest. Enter the Contest by completing each of the following steps:
Download or open the GameTime Live Application downloaded through the Apple Store on your mobile device, and if you already have a GameTime Live account, log into your existing GameTime Live account or, if you do not already have a GameTime Live account, sign up for a GameTime Live account through the GameTime Live Application.
Click “Play.” GameTime Live will then automatically match you with other players. You will have at least 15 seconds to answer each Event question. The player with the longest streak of correct answers wins the Event. You are not required to play the whole Event to be eligible to win.
Each GameTime Live user may establish, maintain, use and control only one account. Each account on the may only be owned, maintained, used and controlled by one individual. In the event Sponsor determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that Sponsor may have, Sponsor reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any Prizes.
Each GameTime Live account can only be associated with one PayPal account. And a PayPal account cannot be associated with more than one GameTime Live account. Attempts to associate a GameTime Live account with additional PayPal accounts may result in the termination of that GameTime Live account and forfeiture of any Prizes awarded.
GameTime Live will only issue a Prize and any accompanying tax forms to the individual identified in the account information for the winning account. GameTime Live uses your account information to contact and verify winners. Out of date or incorrect account information at the time you enter a Contest may disqualify you from receiving a Prize. Failure to provide valid, working contact information in connection with your account may result in termination of that GameTime Live account and forfeiture of any Prizes awarded.
Decisions of the Sponsor are final and binding with respect to all matters related to the Contest. In no event shall the Sponsor be obligated to award any Prizes other than the Prize specified in these Official Rules. The Sponsor does not guarantee that the Prize can be made available to the winner. The Prize is not assignable and not transferable and no substitutions are permitted. In addition, if the Prize is unable to be fulfilled to the winner due to any applicable law, rule or regulation, or if the winner cannot claim the Prize for any reason, then Sponsor reserves the right to not award the Prize at all. The winner shall be responsible and liable for all federal, state and local taxes on the value of the Prize. Winners shall provide GameTime Live with accurate information regarding their identity and country of residence. To receive a complete list of winners or a copy of these Contest Rules, send a self-addressed stamped envelope to GameTime Live, Inc. 3801 N Capital of Texas Hwy, Suite d-120, Austin, TX.
The player with the longest streak of correct answers wins the Event. If there are multiple players with the longest streak of correct answers at the end of an Event, such players will split the Prize evenly.
The Contest will be conducted under the supervision of the Sponsor. The decisions of the Sponsor are final and binding in all matters relating to this Contest. The winner will be notified in the GameTime Live Application or by email; provided, however, that Sponsor reserves the right to determine an alternate method of notification. The winner must cash-out the Prize within 90 days after the date of notification of such Prize. A Contest winner’s failure to cash-out the Prize within the specified 90 days will be considered such Contest winner’s forfeiture of the Prize and Sponsor may, at its option and sole discretion, choose not to award the Prize at all. If an entrant is found to be ineligible, Sponsor may, at its option and sole discretion, choose not to award the Prize at all.
GENERAL CONDITIONS AND RELEASES:
Notice to all international entrants: As stated above, it is your responsibility to comply with the contest laws of your country/jurisdiction. You acknowledge that certain countries/jurisdictions have laws regarding Contests that may prevent Sponsor from awarding you your Prize (as defined below). If you are a winner and this happens to be the case with your country/jurisdiction, you acknowledge that you may not be able to receive any Prize at all from Sponsor. By entering this Contest, you acknowledge the risks, and understand that you may win but not be able to receive a Prize.
Notice to all entrants: By entering the Contest or accepting a Prize, you agree to conform to all federal, state and local laws and regulations. When applicable, the winner may be required to execute and return (and winning may be conditioned upon the winner executing and returning) to Sponsor, within ten (10) business days, an Affidavit of Eligibility and a Liability and Publicity Release drafted by Sponsor to be eligible for the Prize. The winner may be required in Sponsor’s sole discretion to complete relevant tax forms as a condition to the delivery of the applicable Prize. Winner may also be required to furnish proof of identity, address, and birth date in order to receive a Prize.
Unless prohibited by applicable law, your acceptance of a Prize constitutes your permission to use your name, submissions, photograph, likeness, voice, address (city and state) and testimonials in all media, in perpetuity, in any manner Sponsor deems appropriate for publicity purposes without any compensation to such entrant or any review or approval rights, notifications, or permissions; and constitutes your consent to disclose your personally identifiable information to third parties (including, without limitation, placing the winner’s name on a winner’s list). Notwithstanding any rights of publicity, privacy or otherwise (whether or not statutory) anywhere in the world, your acceptance of a Prize constitutes your authorization to (i) have Sponsor (and its agents, consultants and employees) photograph, record, tape, film and otherwise visually and audio-visually record you, (ii) have Sponsor (and its agents, consultants and employees) use, reproduce, disseminate, alter, edit, dub, modify, distort, add to, subtract from, process and otherwise exploit any results of such activity (including without limitation any manner in which such activity may be recorded or remembered or modified) or derivatives or extensions or imitations thereof in any manner that Sponsor sees fit, in any medium or technology known or hereinafter invented, throughout the universe in perpetuity, including without limitation for illustration, art, promotion, advertising, trade or any other purpose whatsoever; and (iii) have relinquished any right that you may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.
Participation in the Contest is at entrant’s own risk. Sponsor shall not be liable for: (1) failed, returned or misdirected notifications based on inaccurate information provided by the winner in connection with an entry; (2) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant’s ability to participate in the Contest; (4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or mobile device related to or resulting from downloading the App or otherwise in connection with this Contest; or (5) any warranty with respect to any Prize or any component thereof.
THE CONTEST IS PROVIDED “AS IS” AND SPONSOR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE CONTEST.
NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, SPONSOR SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS) (B) AMOUNTS IN EXCESS OF THE PRIZE FOR THE APPLICABLE CONTEST, (C) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (D) ANY MATTER BEYOND SUCH PARTIES’ REASONABLE CONTROL.
By entering the Contest, you agree to and hereby do release and hold harmless Sponsor, its respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives (the “Released Parties”) from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) that may arise from your acceptance, possession and/or use of any Prize or your participation in this Contest, or from any misuse or malfunction of any Prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter, and indemnify each of the Released Parties from any damages arising therefrom. Any person attempting to defraud or in any way tamper with this Contest may be prosecuted to the full extent of the law. Sponsor reserves the right to modify these Official Rules in any way or at any time. Sponsor reserves the right, in its sole discretion, to cancel or suspend this Contest should viruses, bugs or other causes beyond its control corrupt the administration, security or proper operation of the Contest. In the event of cancellation or suspension, GameTime Live shall promptly post a notice on the GameTime Live App to such effect. This Contest shall be governed by Texas law, without regard to conflicts of laws provisions. By participating in this Contest, you agree that any dispute or litigation arising from or relating to this Contest shall be determined by binding arbitration only in Austin, TX, by and under the American Arbitration Association’s rules for arbitration of consumer-related disputes, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, Sponsor may seek equitable relief in any court of competent jurisdiction. If any provision of these Rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these Rules otherwise remain in full force and effect and enforceable.