Mobalytics (Gamers Net) Terms of Service

Last Updated: July 23, 2026

Gamers Net, Inc. (“Gamers Net”, “we”, “us”) has developed these Terms of Service (the “Terms”) to describe the terms that govern your access to, and use of the website located at www.mobalytics.gg (the “Site”) along with any and all elements of the Site, including without limitation all features, functionalities, software, applications and gaming performance and telemetry services accessible via our Site. To make these Terms easier to read, the Site and such elements and services are collectively called the “Services”.

References to “you” and “your” in these Terms includes each person who visits, accesses or otherwise uses the Services, including without limitation the person whose name is associated with an “Account” (as defined herein) (the “Account Holder”) and any person who accesses or otherwise uses Services through that Account or otherwise.

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING, WITH LIMITED EXCEPTIONS (1) TO RESOLVE ANY DISPUTE BETWEEN YOU AND GAMERS NET THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT, (2) TO WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES; AND (3) TO LIMIT THE REMEDIES THAT ARE AVAILABLE IN THE EVENT OF A DISPUTE. PLEASE REVIEW CAREFULLY SECTION 15 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

1. Agreement to Terms

By using or accessing our Services, you unconditionally agree to be bound by these Terms just as if you had signed them. If you do not agree to these Terms, or if you fail to meet the eligibility criteria set forth in these Terms, then you are not authorized to access or otherwise use the Services.

The Site includes games (collectively referred to herein as “Games”). To access certain Games, it may be necessary to download software or other materials and/or agree to additional terms and conditions that apply to such Games (“Additional Terms”) in addition to these Terms. In the event of a conflict or inconsistency between those Additional Terms and these Terms, those Additional Terms will prevail, govern and control solely with respect to your use of the particular Games to which they apply, and these Terms will prevail, govern and control with respect to all other matters, and any conflict or inconsistency that cannot be reasonably resolved will be resolved by Gamers Net in its sole and absolute discretion.

2. Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

Without limiting the provisions in our Privacy Policy, by using our Services, you consent to the collection of your email address for ad targeting purposes. Your email address will be passed to the Overwolf API, which will process and hash it in a way that is designed to preserve your privacy. Only the hashed email address will be used for ad targeting.

Users have the right to opt out of personalized ads. To do so, navigate to the Privacy settings section of our app and disable personalized ads.

3. Changes to Terms or Services

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because your continued use of the Services following any modification constitutes your acceptance of and agreement to be bound by these Terms as so modified.

Without limiting the generality of the foregoing, you and we also specifically agree that to provide a uniform method of dispute resolution, Gamers Net may update its dispute resolution procedures (currently in Section 15) at any time to apply to all “Disputes” (as defined in Section 15) not yet initiated by you or us as of the date the dispute resolution procedures are updated. Thus, you and we must initiate any Dispute under the version of Gamers Net’s dispute resolution procedures that are current as of the date you or we initiate the Dispute, regardless of whether the Dispute is based on alleged conduct that occurred before the dispute resolution procedures were updated and regardless of whether we continue to serve you. Gamers Net’s dispute resolution procedures, including any updates to them, will remain publicly accessible on the Site for review by all current and former users of the Services.

Gamers Net may change, suspend or discontinue any Services, in whole or in part, at any time, with or without notice, and for any reason or no reason at all. In addition, the Games that are compatible with the Services may change. We reserve the right to change, suspend, or discontinue – temporarily or permanently – some or all of the Services (including the Games and the “Compatible Devices” [as defined below] through which the Services are accessed), with respect to any or all users, at any time without notice. You also agree that Gamers Net will not be liable to you for any modification, suspension, or discontinuance of any Services.

4. Who May Use the Services

Gamers Net furnishes the Services for your personal, non-commercial use and enjoyment. Gamers Net grants you a non-exclusive limited license to use the Services, including accessing and privately viewing the Games for personal, non-commercial purposes only and only as set forth in these Terms.

a. Compatible Devices

To access the Services, you will need to use a computer, mobile device, or other device that meets the system and compatibility requirements that we establish from time to time (each, a “Compatible Device”). Features and functionalities that we make available through the Services may differ by Compatible Device.

To access the Services, you must have an internet connection from an internet service provider that meets certain technical specifications. Please note that some of the Services may require higher internet bandwidth. You are responsible for any costs associated with your internet service used to access the Services. Your use of the Services may count toward your data usage, depending on the terms of your agreement with your internet service provider.

b. Setting Up Your Account

If you want to use certain features of the Services you’ll have to create an account (“Account”). You can do this via the Site or through your account with certain third-party services such as Facebook, Twitter, Twitch, or Steam. If you choose this Account creation option we’ll create your Account by extracting certain personal information from the third party account you chose, such as your name and email address and other personal information that your privacy settings on that account permit us to access.

It’s important that you provide us with accurate, complete and up-to-date information for your Account, and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. The Account Holder is responsible for all users of the Account Holder’s Account, whether or not you know about them, and for maintaining the confidentiality of login credentials. If you allow members of your household or others to access your Account, you acknowledge and agree to these Terms on behalf of such individuals, and you represent and warrant that you have the power and authority to consent to these Terms on their behalf.

c. Eligibility

You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law. Keep in mind most (if not all) of the Games for which our Services are designed already require you to be at least this age to play them. This age requirement shouldn’t come as a surprise to you.

Any Service or feature that offers a subscription is referred to herein as a “Subscription Service”. To access a Subscription Service, you must reside in the United States or another eligible geographic location (the “Service Area”), have an Account, and have an active subscription plan (a “Subscription”) with a valid method of payment (a “Payment Method”). The Subscription Services are not intended to be used by children without involvement and approval of a parent or guardian or another authorized adult. To purchase a Subscription, you must be 18 years of age or older (or over the applicable age of majority in your place of residence). If you are under 18 years of age (or under the applicable age of majority in your place of residence) (a “Minor”), you may use the Subscription Service only with permission from the Account Holder, or your parent or legal guardian must create an Account for you and agree to these Terms on your behalf. Any person who creates an Account for a Minor, even if unrelated to such Minor, is referred to herein as a “Parent”. Each Parent hereby: (1) represents that they are a parent and/or legal guardian of the Minor, (2) ratifies and approves all of the terms, conditions, rights and obligations contained in these Terms on their own behalf and on behalf of the Minor; (3) agrees to secure, and to do nothing that would hinder or prevent, the full performance by Minor of Minor’s obligations under these Terms; (4) consents to the use of Minor’s User Content as set forth in these Terms; and (5) irrevocably guarantees that Minor will not disaffirm, disavow, or void these Terms on the grounds that Minor was a minor on the date the Account was created, or on any other grounds. In the event these Terms are disaffirmed, disavowed, or voided by Minor for any reason, Parent hereby agrees to indemnify, defend, and hold Gamers Net harmless from and against any all third party (including Minor) claims, actions or proceedings of any kind and from any and all third party (including Minor) damages, liabilities, costs and expenses, including reasonable outside legal fees and costs relating to or arising out of such disaffirmance, disavowing, or voiding of these Terms or that may be incurred by Gamers Net in enforcing these Terms against Minor. This guarantee shall be applicable to any modification, amendment, extension, waiver, renewal or substitution of these Terms.

5. Feedback

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at [email protected] or via our Discord community channel. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

6. Subscriptions and Reward Passes

We may require you to pay a fee to use certain Services. You may purchase a subscription (“Subscription”) for such use.

a. General

When you purchase a “Reward Pass” (as defined herein) or a Subscription (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your payment method (e.g., credit card number and expiration date) (“Payment Method”) and your email and postal addresses for billing and notification (such information collectively referred to herein as, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By providing Payment Information, you are expressly agreeing that Gamers Net or our payment service is authorized to charge you a periodic Subscription Fee on a recurring basis as set forth below. Please note that if your Payment Method is declined, Gamers Net or the payment service may attempt to charge the Payment Method multiple times to prevent your Subscription from lapsing, and you hereby authorize Gamers Net or the payment service to make such attempts. If debit cards are accepted as a valid Payment Method and you provide a debit card as a Payment Method, the bank or other financial institution that issued the Payment Method may impose its own fee each time the Payment Method is declined. Any dispute over such fees should be addressed with the issuer of the Payment Method. Those fees are not charged by Gamers Net or the payment service, and neither Gamers Net nor the payment service is responsible for refunding those amounts.

b. Subscriptions

If you purchase a Subscription, you will be charged the monthly, every three months, or annual Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription. After your original Subscription expires, it will automatically renew for additional periods equal in length to the original Subscription period, unless you cancel before the renewal, and the cost of the renewal will be at the then-current rates. If you do not want your Subscription to renew, you can cancel it before the renewal by logging into your Account and following the cancellation instructions that are provided. Subscription Fees are non-refundable. But if you cancel your Subscription, you will still have access to the Subscription Service for the remainder of time you have already paid for (the “Billing Period”). Gamers Net reserves the right to change the terms of your Subscription, including price, from time to time, effective as of the beginning of your next Billing Period following the date of the change. If Gamers Net changes the Subscription Fee or other charges (other than any applicable taxes imposed under applicable law) for your Subscription, we will give you advance notice of these changes to the extent required by applicable law, and you will have the opportunity to cancel your Subscription prior to incurring the new charges. However, we will not be able to notify you of changes in any applicable taxes.

By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or us. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.

c. Cancelling Subscription

YOU CAN CANCEL YOUR SUBSCRIPTION BY SIGNING INTO YOUR ACCOUNT AND FOLLOWING THE INSTRUCTIONS PROVIDED. YOU ARE RESPONSIBLE FOR CANCELING YOUR SUBSCRIPTION IF YOU NO LONGER WISH TO RECEIVE THE SUBSCRIPTION SERVICE. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Billing Period. PAYMENTS ARE NON-REFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED BILLING PERIODS. This means that you will continue to have access to your Subscription for the remainder of the then-current Billing Period, but you will not receive a refund.

d. Reward Passes

From time to time, Gamers Net may invite Site users to purchase a “Reward Pass”. The Reward Pass is a seasonal reward system that lets players earn “Awards” (as defined herein) by playing their favorite Games and completing challenges. The Reward Pass consists of two tracks: a regular track and an enhanced track. Users progress through the regular track first, and upon completing it, they may gain access to the variable rewards in the enhanced track. For those who don’t want to wait, the enhanced track can also be unlocked instantly for a small fee. General information about each Reward Pass and any specific rules that apply to such Reward Pass will be communicated on the Site. The below are general rules that apply to each Reward Pass unless otherwise noted on the Site:

Limit one (1) concurrent Game Pass per Account.
Only registered users living and playing in specific countries or geographic regions listed on the Site (the “Reward Pass Zone”) will be able to activate a Reward Pass. Restrictions may be enforced according to the location from which you are accessing the Services.
Each Reward Pass is built on levels (each, a “Level”). To finish a Level and unlock a “Reward” (as defined herein), a player has to earn XP. In order to earn XP, players have to do what they love the most – play Games we support.
Every Reward Pass has a total XP number that a user has to earn to finish that Reward Pass.
Players must link their Game account to the Site through an official game connection flow (“API”).
Playing an eligible Game in any game mode trackable through the API contributes to the Pass except training mode matches. It doesn’t matter if it’s ranked, normal, aram or deathmatch, it just has to be any mode but training.
A player earns XP only from Games played after the Reward Pass has been activated.
A player can drop out of an existing Reward Pass and activate a new one if it’s available. But the progress won’t be transferred from the Reward Pass that was dropped.
If a Reward Pass expires before a player finishes it, then the Reward Pass may appear in the player’s trophy case with the last state of the progress.

Reward Pass players who complete a Level have the opportunity to earn digital or other virtual assets, merchandise, and other awards as determined by Gamers Net in its sole discretion (each, an “Award”). Awards are subject to availability as determined by Gamers Net in its sole discretion. Gamers Net reserves the right to modify, amend or revise the Awards available. Members may not rely on continued Award availability. The Level that must be completed to redeem any Award may be changed, any Award may be withdrawn, and restrictions on any Award or its redemption may be imposed by Gamers Net or its designee or the third party business partner supplying the Award. Awards are non-assignable and non-transferable and may not be bartered or sold. Any Awards assigned, transferred, bartered or sold in violation of these Terms may be confiscated or cancelled.

Gamers Net reserves the right to substitute Awards of comparable or greater value if any redeemed Award becomes unavailable for any reason. Unless otherwise specified at the time of redemption, physical Awards will be fulfilled within six to eight weeks from date of redemption. Awards pictured in point-of-sale, online, television and print advertising, promotional packaging, and other materials are for illustrative purposes only. The actual Award may vary from the Award pictured. All details and restrictions of the Awards not specified at the time the Reward Pass is presented will be determined by Gamers Net in its sole discretion. Players shall be solely responsible for all federal, state, and/or local taxes including, without limitation, income taxes and any reporting consequences thereof in connection with an Award. If required by law, as determined by Gamers Net in its sole discretion, Game Net reserves the right to withhold (or collect) and remit to the appropriate taxing authorities the amount of any taxes due. No cash alternative or substitution of Awards will be allowed, except Gamers Net reserves the right in its sole discretion to substitute the cash equivalent of an Award or another Award(s) of comparable or greater value if any Award is unavailable, in whole or in part, for any reason.

Physical Awards will be shipped only to the address within the Reward Pass Zone associated with the applicable player’s Account and will not be shipped to any other person or address. The potential recipient of a physical Award (or, if the potential recipient is a Minor, his or her Parent) may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Award Claim Documents”). If a potential recipient of a physical Award (or a Minor recipient’s Parent) fails or refuses to sign and return all Award Claim Documents within ten (10) days of Award notification (or a shorter time if required by exigencies), such recipient may be disqualified. In the event of a dispute as to the identity of a Reward Pass player, the player may be requested to provide Gamers Net with proof that the player is the Account holder associated with the Reward Pass. If a dispute cannot be resolved to Gamers Net’s satisfaction, the affected player may be deemed ineligible.

7. Content and Content Rights

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, Games or other works of authorship of any kind, information related to your gaming experience, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide through or make available through the Services, including Highlights (as defined below). Content includes without limitation User Content.

a. Content Ownership, Responsibility and Removal

Gamers Net does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Gamers Net and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. Nothing contained in these Terms or on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use the Services or any Games in any manner not expressly contemplated herein without the prior written consent of Gamers Net or such third party that may own the Games or intellectual property displayed on the Services.

You represent and warrant that you are not accessing the Services for purposes of using any Games or other Content that is available on or through the Services for purposes of training any artificial intelligence algorithm, system, model or tool or any large language or machine learning model or any similar technology (collectively, “AI Training”), and you hereby irrevocably and knowingly waive the right to assert any fair use defense related to any such AI Training.

ACCESS TO THE CONTENT IS LICENSED UNDER THESE TERMS OF SERVICE, NOT SOLD TO YOU. Any use of the terms “own,” “ownership”, “purchase,” “sale,” “sold,” “sell,” “rent” or “buy” on the Services or in materials related to the Services or the Games does not mean, imply or result in any transfer of ownership or transfer of any intellectual property rights to you.

b. Rights in User Content Granted by You

By making any User Content available through Services you hereby grant to Gamers Net a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Gamers Net on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You can remove some of your User Content by specifically deleting it. However, in most cases (especially with your Game-related User Content), your User Content may not be completely removed, and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

c. Highlights

As part of your use of certain features of our Services, we may create, store, and use certain recordings of your gameplay footage (“Highlights”). By opting into and utilizing such features of our Services, you consent to the recording of any and all data collected from your device in connection with the recording of such Highlights and your use of such features, including without limitation your username and other personal indicia that may be present in such recording. In addition to the license grant to User Content set forth in Section 7(b), you further grant Gamers Net and its sub-licensees a non-exclusive, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, store, display, reproduce, save, modify, adapt, publish, translate, create derivative works from, publicly perform, and distribute, in whole and in part, the recorded Highlights, in any form, format (digitally or otherwise), media, or media channels now known or later created, for the purposes of, including but not limited to, operating, developing, providing, using, promoting, and marketing our Services (including without limitation the creation of additional features of our Services).

8. General Prohibitions and Gamers Net’s Enforcement Rights

You agree not to do any of the following:

Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Services or any individual element within the Services, Gamers Net’s name (including “Mobalytics”), any Gamers Net trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Gamers Net’s express written consent;
Access, tamper with, or use non-public areas of the Services, Gamers Net’s computer systems, or the technical delivery systems of Gamers Net’s providers;
Attempt to probe, scan or test the vulnerability of any Gamers Net system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Gamers Net or any of Gamers Net’s providers or any other third party (including another user) to protect the Services or Content;
Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Gamers Net or other generally available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Gamers Net trademark, logo URL or product name without Gamers Net’s express written consent;
Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation;
Copy, data mine, scrape or in any way extract or use the Games available on or accessible through the Services for the purpose of AI Training; or
Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

9. Links to Third Party Websites or Resources

The Services may provide, or third parties may provide, links to other websites, apps, resources or other services created by third parties (collectively, “Third-Party Services”). When you engage with a Third-Party Service, you are interacting with the third-party, not with Gamers Net. If you choose to use a Third-Party Service and share information with it, the Third-Party Service may use and share your information in accordance with the Third-Party Service’s privacy policy and your privacy settings on such Third-Party Service. Gamers Net is not responsible for and makes no warranties, express or implied, as to the Third-Party Services or the providers of such Third-Party Services. Inclusion of any Third-Party Service or a link thereto on the Services does not imply approval or endorsement of the Third-Party Service. Gamers Net is not responsible for the content or practices of any websites other than the Site. When you access Third-Party Services, you do so at your own risk.

10. Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time, for any reason, and without giving notice to you. You may cancel your Account at any time by sending an email to us at [email protected]. Upon any termination, discontinuation or cancellation of Services or your Account, every provision that by its nature should survive, shall survive the expiration or earlier termination of the Agreement, including without limitation the following sections: 5, 6, 7(a), 7(c), 10, 11, and 12-17.

11. Warranty Disclaimers

THE SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND GAMERS NET DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GAMERS NET AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GAMERS NET AND ITS AFFILIATES MAKE NO WARRANTY THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS AFFECTING THE SERVICES WILL BE CORRECTED, THAT THE SERVICES OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE SERVICES (INCLUDING, BUT NOT LIMITED TO, THROUGH USER CONTENT) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE.

12. Indemnity

You agree to indemnify and hold Gamers Net, its current or former parent, subsidiary and affiliated entities (each, an “Affiliate”) and their respective licensors, licensors, subcontractors and other partners, any predecessor or successor entity to any of the foregoing, and each of their respective officers, directors, employees, members, agents and partners harmless from and against any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third-party arising out of, related to or in connection with a breach (or allegation that, if true, would constitute a breach) of your representations, warranties, covenants, obligations or agreements hereunder; your violation of these Terms, any applicable Additional Terms, or any Applicable Law; your use of the Services and/or the Games in violation of these Terms and any applicable Additional Terms; information or content posted or transmitted through your Account, even if not submitted by you, that violate or infringes upon any copyright, trademark, trade secret, trade dress, patent, right of publicity, right of privacy or other right of any person or entity or defames any person or entity; and any misrepresentation made by you. You will cooperate as fully and as reasonably required in Gamers Net’s defense of any claim that is subject to indemnification. Gamers Net reserves the right to assume the exclusive defense and control of any claim or matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the written consent of Gamers Net.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GAMERS NET AND ITS AFFILIATES, GAMERS NET’S AND ITS AFFILIATES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GAMERS NET FOR THE SERVICES. GAMERS NET AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFIT DAMAGES, ARISING OUT OF OR RELATED TO THE SERVICES OR YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF GAMERS NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF GAMERS NET’S OR THE GAMERS NET AFFILIATES’ ACTS OR OMISSIONS OR YOUR USE OF THE SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE SERVICES.

BY ACCESSING THE SERVICES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE GAMERS NET AND ITS AFFILIATES FROM ANY LOSS OR DAMAGE RESULTING FROM USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION PROBLEMS OR TECHNICAL MALFUNCTIONS IN CONNECTION WITH THE SERVICES, ANY MATERIAL DOWNLOADED, ACCESSED THROUGH OR OTHERWISE OBTAINED IN CONNECTION WITH THE SERVICES, ANY USER CONTENT TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE SERVICES], AND THE CONDUCT OF ANY USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE (COLLECTIVELY, THE “RELEASED MATTERS”).

YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

You hereby waive any and all rights you have or may have under California Civil Code Section 1542, and/or any similar provision of law or successor statute to it, with respect to the Released Matters. In connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend by these Terms to release fully, finally and forever all Released Matters under these Terms. In furtherance of such intention, the releases set forth in these Terms shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant hereto.

14. Governing Law and Forum Choice

These Terms and any action related thereto will be governed by the United States of America and the laws of the State of California, without regard to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or jurisdiction’s laws. Except as otherwise expressly set forth in Section 15, the exclusive jurisdiction for all Disputes (defined below) that you and Gamers Net are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and Gamers Net each hereby consent to and submit to the jurisdiction of such courts and waive any objection based upon lack of personal jurisdiction or venue, or inconvenient forum.

15. Dispute Resolution

a. Mandatory Arbitration of Disputes.

We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Gamers Net agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Gamers Net are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

b. Exceptions.

As limited exceptions to Section 15(A) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

c. Starting Arbitration.

If you want to begin arbitrating a Dispute, you must send a letter to us at the following address: 520 Broadway, 2nd Floor, Santa Monica, 90401 CA requesting arbitration and describing the Dispute. If we want to begin arbitrating a Dispute, we’ll send such a letter to you at the email address or street address that you provided.

d. Conducting Arbitration and Arbitration Rules.

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.

Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

e. Arbitration Costs.

Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous.

f. Injunctive and Declaratory Relief.

Except as provided in Section 15(B) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

g. Class Action Waiver.

YOU AND GAMERS NET 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. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

h. Severability.

With the exception of any of the provisions in Section 15(G) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply and remain in effect as if the invalid, unenforceable, or illegal provision were not contained herein.

h. Confidentiality.

You and Gamers Net agree to maintain the confidential nature of the arbitration proceeding and shall not disclose any documents exchanged as part of any arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration, or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, an order confirming the award, or unless otherwise required by law or court order. In keeping with the confidential nature of the arbitration, you and Gamers Net agree that an order confirming the award is only necessary if the obligations of the award have not been performed. Therefore, before taking any steps to confirm the arbitration award, the party seeking confirmation of the award must give the other party notice of its intention to confirm the award. If the party who would be the respondent in any such confirmation proceeding performs its obligation under the terms of the arbitration award within 15 business days of such notice, the party who gave notice of its intent to confirm the award shall not seek to confirm or otherwise enforce the award.

j. Limitation on Time to Bring a Claim

YOU AND WE AGREE THAT ANY CAUSE OF ACTION YOU OR WE MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICES, OR THE CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. YOU ACKNOWLEDGE AND AGREE THAT THIS ONE (1) YEAR CONTRACTUAL LIMITATIONS PERIOD IS NOT SUBJECT TO TOLLING AND MAY BE SHORTER THAN THE DEFAULT STATUTE OF LIMITATIONS THAT WOULD OTHERWISE APPLY. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION AND THE CONDUCT COMPLAINED OF SHALL BECOME INCONTESTABLE AND THE ABILITY TO PURSUE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

16. Removal of Material that Infringes Copyrights

Gamers Net respects the intellectual property of others and requires that our users do the same. Gamers Net has a policy that provides for the termination in appropriate circumstances of users of the Services and Account Holders of the Subscription Services who are repeat infringers. Gamers Net also reserves the right to remove or disable access to any transmission of Games or User Content that infringes the copyright of any person under the laws of the United States upon receipt of a notice that substantially complies with the requirements of 17 U.S.C. § 512(c)(3).

If you believe that any materials residing on the Site infringes your copyright, you must send a written notification of claimed infringement that contains substantially all of the following information to the Gamers Net Copyright Agent:

(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(b) identification of the claimed infringing material and information reasonably sufficient to permit Gamers Net to locate the material on the Services (such as the URL(s) of the claimed infringing material);
(c) information reasonably sufficient to permit Gamers Net to contact you, such as an address, telephone number, and an email address;
(d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or Applicable Law;
(e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and
(f) your physical or electronic signature.

This contact information is exclusively for the purpose of notifying Gamers Net of claimed copyright infringement. Please be advised that requests sent to the Copyright Agent without the appropriate subject line or for purposes other than communication about copyright claims may not be reviewed or responded to. Please note that, under 17 U.S.C. §512(f), any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.

17. General Terms

These Terms, along with the Privacy Policy, any applicable Additional Terms, and any other policies expressly incorporated into these Terms by reference, constitute the entire agreement between you and Gamers Net with respect to the subject matter hereof and supersede all prior or contemporaneous written or oral agreements between the us with respect to the subject matter hereof. These Terms of Use may not be amended, nor any obligation waived, except in writing by an authorized representative of Gamers Net. Except as set forth in Section 15, if any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Gamers Net’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Gamers Net may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and insure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Gamers Net under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Gamers Net’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Gamers Net. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

18. Contact Information

If you have any questions about these Terms or the Services, please contact Gamers Net at [email protected].

BY ACCESSING THE SERVICES, YOU CONFIRM THAT YOU HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

*** End of Terms ***