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SAMURAIGAMING vs ETERNITY - Ultimate Tournament - Playoffs
vs


Missions

Daily / Bronze mission:

5h left

Finish top 5 in a cup


Claim

Weekly / Silver mission:

7d left

Kill 40 players


Claim

Monthly / Gold mission:

20d left

Kill 40 players


Claim
5v5 Dire Battle Pass Cup

Prize Pool:

2500 10000
Join
5v5 Dire Battle Pass Cup

Prize Pool:

2500 10000
Join
5v5 Dire Battle Pass Cup

Prize Pool:

2500 10000
Join
5v5 Dire Battle Pass Cup

Prize Pool:

2500 10000
Join
5v5 Dire Battle Pass Cup

Prize Pool:

2500 10000
Join
5v5 Dire Battle Pass Cup

Prize Pool:

2500 10000
Join
5v5 Dire Battle Pass Cup

Prize Pool:

2500 10000
Join
5v5 Dire Battle Pass Cup

Prize Pool:

2500 10000
Join
5v5 Dire Battle Pass Cup

Prize Pool:

2500 10000
Join


Trending Teams

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Eternity

Winrate: 71%

Join Vote

AsurA

Winrate: 52.94%

Join Vote

BooM

Winrate: 54.19%

Join Vote

HorizoN

Winrate: 50%

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TeamLions

Winrate: 48,53%

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SAMURAIGAMING

Winrate: 43.79%

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Mascotsport

Winrate: 60%

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Wartex

Winrate: 40%

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DOGE

Winrate: 41.09%

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cherubs

Winrate: 33%

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Discover More
Last Matches
Teams
Tournament
Number of Players
Mode
Status

TeamLions

Streak: WW

vs

DOGE

Streak: WW

Ultimate Tournament
5/5
5v5 Captain Mode
Result

AsurA

Streak: LL

vs

Mascotsport

Streak: WW

Ultimate Tournament
5/5
5v5 Captain Mode
Result

SAMURAIGAMING

Streak: WW

vs

Eternity

Streak: WW

Ultimate Tournament
5/5
5v5 Captain Mode
Result




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© 2023 play-gamer®
Home Privacy Policy Terms & Conditions
Participation agreement and terms of service:
Last updated: Jun, 14th, 2019

TERMS AND CONDITIONS FOR USE OF THIS APPLICATION AND/OR WEBSITE Date Last
Modified: 06/13/2019 Thank you for reviewing these Terms and Conditions of Use
(the “Terms” or “Agreement”). play-gamer Technologies, Inc. (“play-gamer” “We”
“Us” or “Our”) operates the website, its desktop and mobile application, and
other services (collectively referred to herein as the “Services”) available for
your (“User” “You” “Your” or “Yourself”) use subject to this Agreement. Any
references to this Agreement include these Terms, the Official Rules,
Regulations and Scoring of the applicable Contest or Promotion (“Contest Rules”)
which will be available for each Contest or Promotion, and the Privacy Policy.
To the extent that there is any inconsistency between these Terms, the Contest
Rules, the Privacy Policy, and the End User License Agreement these Terms shall
prevail. Please read this Agreement carefully before accessing the Services.
ACCEPTANCE OF TERMS By creating a play-gamer User account (“Account”), or
participating in any Services, including, without limitation, participating in
esports contests or tournaments (each a “Contest”), Users: (i) acknowledge that
they have read and agree to be bound to and abide by these Terms; (ii) accept
and agree to all obligations, rules and scoring systems for each Contest in
which they participate; and (iii) represent and warrant that they are authorized
and able to accept these Terms. If a User does not wish to be bound by the
Terms, the User must not access the Site or participate in the Services. By
declining to accept these Terms, the User will be unable to create an Account or
participate in the Services. play-gamer reserves the right to change these Terms
at any time without prior notice to You, and any amended Terms are effective
upon posting. If We make what We determine to be material changes to these
Terms, We will update the “Date Last Modified” and will notify You via the Site.
Your continued use of the Services following such material changes constitutes
Your consent to the changes. If You do not agree to the changes, Your sole
remedy is to cease using the Services. It is Your responsibility to periodically
check and review these Terms for changes. In addition to these Terms, additional
terms and conditions may govern various promotional offers, offered to You from
time to time. Such promotional offers are governed by their corresponding
Promotional Terms and Conditions. SOCIAL NETWORKING DISCLAIMER Video content may
be streamed through, and the Services may be accessible through or provide links
to third party social networking sites and applications, including, without
limitation, Discord, Facebook, Twitch, Twitter, Instagram, TikTok, and YouTube.
As a condition of participating in the Services, Users acknowledge and agree
that such third parties do not sponsor, endorse, administer, and are in no way
associated with, the Services. All questions regarding the Services must be
directed to play-gamer. Users further acknowledge and agree that as a condition
of participating in the Services, Users shall release Discord Inc., Facebook,
Inc., Twitch Interactive, Inc., Twitter Inc., YouTube, Inc., and any other third
party social networking sites accessible through the Services from any and all
liability arising out of Users’ participation in such Services. The integration
of third party social networking sites and applications is provided solely as a
convenience to Users and Users access and use them entirely at their own risk
and subject to such third parties’ terms and conditions. ELIGIBILITY/PROHIBITED
JURISDICTIONS 3.1. Eligibility To be eligible to create an Account and become a
registered User, You must, at the time of registration: (1) be at least eighteen
(18) years of age or the age of majority in Your Jurisdiction of residence,
whichever is greater, at the time of Account creation (please note You must be
at least nineteen (19) years of age at time if You are a legal resident of
Alabama or Nebraska or twenty-one (21) years of age if You are a legal resident
of Massachusetts); (2) be physically located in your respective jurisdiction
(“Jurisdiction”) in which participation in the contests is not prohibited; (3)
not be a person barred from participating in the Contests under the laws of the
United States of America; and (4) at all times abide by these Terms. We reserve
the right to deny access to the Services to anyone at Our sole discretion.
Depending on a User’s Jurisdiction, some functionalities of the Services,
including the ability to purchase virtual currency (“xCredits”) and the ability
to enter into Premium Contests where xCredits are required (an “Entry Fee” or
“Entry Ticket”) either organized by us or respective tournament organizers may
be limited, as set forth in the Eligibility/Prohibited Jurisdictions section.
Employees, officers, directors, investors, agents, and representatives of
play-gamer or any of its parents, subsidiaries or affiliates, and each of their
respective immediate family and household members are NOT eligible to win cash
prizes in public Contests hosted on the Services unless they have written
consent from play-gamer, “Immediate Family Members” shall mean parents,
step-parents, grandparents, legal guardians, children, step-children, siblings,
step-siblings, spouses, or in-laws. “Household Members” shall mean those people
who share the same residence at least three (3) months a year. Such persons may,
however, use the Services, and will from time to time do so for the purpose of
testing the Services, evaluating User experience and Contests, socializing and
competing with customers to build community, and other reasonable and fair uses
at the sole discretion of play-gamer. If such persons are deemed to be winners
of any public Contests hosted on the Services, any cash prizes won will be
forfeited and awarded to the next highest placing participant that is eligible
to win a prize. Such persons, may participate in the following Contests hosted
on the Services: play-gamer-sponsored Private Contests for non-cash prizes.
play-gamer employees and Immediate Family Members living in the same household
as such employees are prohibited from competing in any esports contests offered
by any esports contest operator in which the operator offers a anycash prize.
play-gamer gameplay consultants or promoters of the Services may play in the
Contests without such limitation, but only if: (i) their arrangement with
play-gamer does not permit them to have any access to non-public Services data
or any other data not made available to all Users on the Services that may
impact Contest outcome; and (ii) they do not receive any other unfair advantages
in their play in the Contests. By accessing or using the Services, You represent
and warrant that You have the right, authority and capacity to enter into this
Agreement, to abide by all of these Terms, and that You are not prohibited from
accessing and using the Services. play-gamer makes no representations or
warranties, implicit or explicit, as to Your legal right to participate in the
Services nor shall any person affiliated, or claiming affiliation, with
play-gamer have authority to make any such representations or warranties. We do
not intend for the Services or any offerings made available thereon to be used
by persons present in Jurisdictions in which participation may be prohibited or
restricted. You agree that the availability of the Services does not constitute
an offer, solicitation or invitation by Us for the use of the Services in any
Jurisdiction in which such activities are prohibited or restricted. If You do
not meet the eligibility requirements of this section, then You are not
authorized to use the Services. play-gamer reserves the right to verify Your
age, identity, location and eligibility at any time. This includes requesting
that You fill out an affidavit of eligibility. Any failure to cooperate with
play-gamer in this respect may result in the suspension and/or termination of
Your Account. To the extent play-gamer requests that You fill out such an
affidavit, or similar request, and You fail to do so within seven (7) days, or
play-gamer otherwise determines that You do not meet the eligibility
requirements of this section, in addition to any rights that play-gamer may have
in law or equity, play-gamer reserves the right to terminate Your Account and
withhold or revoke the awarding of any prizes associated with such Account. In
such a situation, play-gamer will pay any withheld or revoked prizes to the
other entrants in the relevant Contests in a manner consistent with an
applicable Prize Table List of the Contest, to be precisely determined by
play-gamer in its sole discretion. USER ACCOUNTS 4.1. Registration Information
To create an Account, go to the Site, click on the ‘Sign Up’ button, and
complete the registration process. To create an Account, You will be required to
(a) submit Your email address and other details as requested including, but not
limited to, Your country and state, and date of birth, and (b) select a unique
display name for Users. Alternatively, You may also register with Your Discord,
Facebook, or Google account.The display name must not be offensive, be selected
to deceive or misinform other Users, and may not offend common decency or
infringe upon the rights of third parties. If play-gamer receives information
that a display name is illegal or in breach of these Terms, the display name can
be amended by play-gamer without prior notice. For security reasons, passwords
must differ from display names and may be changed whenever You deem necessary. A
secure password must contain a combination of at least eight (8) numbers,
letters and special characters. For security reasons Users should consider
changing their password periodically. play-gamer will not ask You to reveal Your
password, or initiate contact with You asking for answers to Your password
security questions. You agree to (a) provide true, accurate, current and
complete information about Yourself (the “Registration Data”) as prompted by the
registration form and (b) maintain and promptly update the Registration Data to
keep it true, accurate, current and complete by sending an email to the Customer
Support Team, with the subject heading “Update Registration Data,” requested
change(s) to the existing Registration Data, and reason(s) for the requested
change(s). Any information collected by play-gamer will be held subject to
play-gamer’s Privacy Policy and “just-in-time” notices, if any, provided at the
point of information collection or use. If You provide any information that is
untrue, inaccurate, not current or incomplete, or play-gamer has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, play-gamer reserves the right to suspend or terminate Your Account
immediately and refuse any and all current or future use of the Services (or any
portion thereof). play-gamer shall not be held liable for untrue, inaccurate,
not current or incomplete information provided by You, including, but not
limited to, data input error. play-gamer also reserves the right to request
proof of age documentation from any User at any time. play-gamer reserves the
right, in Our sole discretion, to refuse to register Your Account, or suspend
and/or terminate Your Account at any time and/or refuse Your entry into any
Contest, in respect of or in connection with Your use of the Services.
play-gamer shall not be obligated to provide You with reasons for such actions
and shall not be liable to You in any way for any loss or damages that may
result from such actions. Subject to the fulfillment of any outstanding
commitments under these Terms, play-gamer reserves the right to terminate Your
use of the Services at any time. 4.2. Identity Verification Upon registration to
the Services, You agree that we may disclose your Personal Information,
including, but not limited to, your full legal name, residential address, and
date of birth, to a third party verification service to verify your identity.
This verification process may include checking Your Personal Information against
third party databases. If Your Account is not successfully verified by third
party verification providers, you agree to provide us, upon our request,
documentation that confirms your identity. You agree that we may use your
Personal Information to conduct anti-fraud checks, and that your Personal
Information may be disclosed by us to a credit agency or fraud prevention agency
which may keep record of such information. You further agree that in addition to
the aforementioned verification processes, We may confirm Your identity by using
public information databases. 4.3. Secrecy Obligation You agree to keep Your
password secure and confidential. You are solely responsible for all usage or
activity on Your Account including, but not limited to, use of the Account by
any person who uses Your login information, with or without authorization, or
who has access to any computer or device on which Your Account is accessible. In
the event that You are concerned that Your password is no longer secure and
confidential, You should immediately change Your password within the Services
and notify play-gamer by sending an email to the Customer Support Team via, with
the subject heading “Password Security.” Without limiting the foregoing, any
transactions made and accepted within the Services where Your login information
has been used will be treated as valid. For security reasons, We may perform
random security checks on Your Account to confirm Your eligibility. In the event
of a security check, We may require additional documentation and You agree to
fully cooperate with Us in respect of such requirements. We reserve the right to
suspend or terminate Your registration and/or Account and/or withhold payment to
You if We do not receive the requested documentation. 4.4. One Account Only one
(1) Account is allowed per person. In the event that play-gamer determines that
You have registered more than one (1) Account, then You acknowledge and agree
that, in addition to any other rights that play-gamer may have, play-gamer has
the right to suspend or terminate Your Account(s), refuse any and all current or
future use of the Services, void any Contest entries, and withhold or revoke the
awarding of any prizes. 4.5. No Transfer Your Account is not transferable. Under
no circumstances shall You allow or permit any other person or third party,
including, without limitation, any person under the legal age to participate in
the Services, and in no event any person under the age of thirteen (13), to use
or re-use Your Account in such a way that may breach the standards or laws in
any Jurisdiction where You are located and/or are a resident, or where such
other person is located and/or is a resident. You accept full responsibility for
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own use, and You shall fully indemnify play-gamer in respect of any failure by
such third party to fulfill any commitments made by such use. You accept full
responsibility for any unauthorized use of the Services and for any use of Your
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this section may be reported to the relevant authorities and will forfeit all
funds in their Account. play-gamer will not be liable for any loss that You may
incur as a result of someone else using Your Account, either with or without
Your knowledge. You will be liable for losses incurred due to someone else using
Your Account. 4.5. Equipment Obligation You must provide all equipment and
software necessary to connect to the Site, including, but not limited to, a
computer or Mobile Device (defined below) that is suitable to connect with and
use the Site. You are responsible for any fees, including, but not limited to,
Internet connection or data usage fees that You incur when accessing the Site.
play-gamer will not be responsible for any damage to any computer, computer
equipment, Mobile Device, software, data or other property, or loss of data from
Mobile Devices on which the data is installed,. 4.6. Steam Account, Software and
Links To participate in Contests, from Your User Account You must connect to
Your registered account with Steam (“Steam Account”). If You do not have a Steam
Account, You may create an account for free by completing the registration
process at https://store.steampowered.com/join/. Additionally, to participate in
Contests, Your Steam Account Profile must be set to public. You should
familiarize Yourself with the terms and conditions of use and privacy policy
associated with Your Steam Account. play-gamer is not affiliated with Steam,
which is operated by Valve Corporation and is not responsible for the terms and
conditions of use, privacy policy, or the collection, use, or disclosure of any
information that it may collect. When using the Services, it also may be
necessary for Us to provide You with Our own software and/or that provided by
third parties (“Software”)., and Valve Corporation. You may be required to enter
into end user terms and conditions of use in respect of such Software in order
to make use of such Software. The terms upon which You may download and use any
such Software will be made available to You at the time of download and must be
accepted by You prior to Your use of such Software. You should familiarize
Yourself with the applicable end user terms and conditions of use. play-gamer is
not responsible for the end user terms and conditions of use, privacy policies,
or the collection, use, or disclosure of any information such third parties may
collect through their Software. By using the Services You accept full
responsibility for all Internet connection fees, together with all equipment
servicing or repair costs necessary to allow You access to the Services. STEAM
ACCOUNT 4.7. To play on our site, your account must meet the requirements
specified in the following paragraphs: 4.7.1. The account should not have
restrictions. To remove restrictions, Steam requires to replenish your account
for $5 or make a purchase of game content for the specified amount. 4.7.2. Your
account should not have any bans, including bans in the Steam community, trade
ban, community ban and hidden ban. The exception is VAC BAN, if it is present at
a game that is not present in our service or in tournaments of which you are not
going to take part. 4.7.3. Your account must be active, have hours for the last
two weeks spent in the games that are used on our website, and also have a
minimum playing hours. For more information, contact the support service of our
service or the captain of your team, as these figures may change. 4.7.4. Access
to linking Steam account to your profile on the site may be limited due to
violation of the rules of our service. If you think that the block was issued
incorrectly, contact the support service of our service. 4.7.5. Accounts with
established Family View are not subject to binding. To link such an account, you
need to go into the Steam profile settings and disable the Family View. 4.7.6.
The service has a system to reduce the load on the tournament server. In order
to correctly link your Steam account to the profile on the site, the CS: GO and
DOTA 2 items must not be present in your account inventory. Since Steam has a
system, which blocks the trade for items for a certain period of time, (new
users) our service allows you to send an trade (to a friend, to your other
account or site) without accepting it from the other side. After a successful
binding, it is allowed to cancel the trade, in order to avoid the trade of items
and their subsequent trade ban. After participating in 5 online tournaments, you
will need to, without fail, empty your inventory to participate in further
tournaments or attach a new account. 4.7.8. If your account meets all the above
requirements, but the Steam account is not linked to your profile on the site,
you need to change the password for the Steam account, go to
https://steamcommunity.com/dev/apikey and untie the Steam web API key, after
that go to the Steam profile section "About account", in the Steam Guard
settings and click the "Exit from all devices" button, after completing the
steps specified in the instructions, try trying to link the Steam account to the
account on our service, again. ESPORTS CONTESTS 5.1. esports Contests There are
a number of Contests made available in which you may participate. We or our
partnered 3rd Party Tournament Organizers reserve the right to modify or cancel
Contest(s) at any time without notice to You. We reserve the right, in our sole
discretion, to move entrants from the Contests they have entered to
substantially similar Contests. All Contests offered in the Services are
designed as contests of skill. Winning a Contest is determined by Your ability
to use Your skill and knowledge of the game to beat Your opponent. Rules may
differ from Contest to Contest. Each of Our Contests are governed by specific
Rules, as may be modified from time to time, which are presented upon entry into
the Contest, and are incorporated into these Terms by this reference. You may
review Contest information specific to the Contest by clicking on the ‘Contest
Info’ button of the applicable Contest page. Various promotional offers may be
offered to You from time to time and are subject to additional terms and
conditions which are set forth under the Promotional Terms and Conditions and
are incorporated into these Terms by this reference. You have the responsibility
to review the Contest Rules and Promotional Terms and Conditions prior to
participating in any Contest, and to review the Contest Rules and Promotional
Terms and Conditions regularly for any changes. You agree to abide by the
then-current rules for the Contest(s) in which You participate. Your failure to
follow the then-current rules for the Contest(s) in which You participate will
result in Your immediate and automatic forfeiture of the Contest(s), and We
reserve the right to immediately suspend or terminate Your access to the
Services. 5.2. Entry Fees and Payment play-gamer and its partnered 3rd Party
Tournament Organizing Companies may offer esports Contests that will require an
Entry Fee, which will be listed in xCredits (a virtual currency sold by
play-gamer and its licensed partners, including but not limited to Xsolla Inc.,
that is non-transferable, non-withdrawable and non-refundable). All premium
tournaments, in the event of a cash prize pool, are all administered by
respective third party Tournament Organizers. play-gamer does NOT offer any cash
payouts for any contests on the platform. The Entry Fee may vary from Contest to
Contest. It is Your responsibility to know and understand the Rules and required
Entry Fees for any given Contest. Upon entering a Contest, the Entry Fee will be
deducted from xCredits balance in Your Account. You may review charges relating
to Your Account by viewing the Statements within Your Account. In the event of a
dispute regarding the identity of the person submitting an entry into a Contest,
the entry will be deemed submitted by the person in whose display name the entry
was submitted, or if possession of the display name itself is contested, the
name of the Authorized Account Holder. “Authorized Account Holder” is defined as
the natural person who is the age of majority in his or her Jurisdiction of
residence and who is assigned to an email address by an Internet access
provider, online service provider, or other organization (e.g., business,
education institution, etc.) that is responsible for assigning email addresses
for the domain associated with the submitted email address for registration with
the Services. By inputting a payment method to purchase xCredits and participate
in play-gamer Contests, the Authorized Account Holder hereby affirms that the
Authorized Account Holder is the lawful owner of the payment method account used
to make any deposit(s). It shall be a violation of these Terms for any
Authorized Account Holder to submit payment using any payment method that is not
owned by the Authorized Account Holder. You accept full responsibility of any
Contests entered into by Your Account and acknowledge that You have not relied
on any statement, representation or advice from Us in deciding whether to enter
into a Contest. You also acknowledge that by using the Services and entering
into Contests with Entry Fees, You may lose such Entry Fees and this will
preclude You from issuing a chargeback on any non-fraudulent transaction. Any
participation in which Entry Fees will be paid is at Your sole discretion and
risk. By entering into a Contest, You warrant that You do not know the outcome
of the subject matter of the Contest. play-gamer and its partnered 3rd party
Tournament Organizers (“We”) reserve the right, in Our sole discretion, to deny
any User the ability to participate in any Contests for any reason whatsoever.
Further, We reserve the right to declare as void a Contest or Your entry into a
Contest and its associated Entry Fees if, in Our sole discretion, We suspect (i)
a User or persons associated with a User unfairly influence the outcome of a
Contest; (ii) a User is in breach of these Terms, including, without limitation
the respective Contest Rules; or (iii) the result of a Contest may be or has
been directly or indirectly affected by abusive or criminal activity. We reserve
the right to cancel or void any Contests, in Our sole discretion which shall be
final and binding, if in Our reasonable opinion, there is a manifest error in
the subject Contests or a technological failure occurred within the subject
Contests. 5.3. Results and Winners Winners are based on the results of the
Contest. The results and winners of each Contest offered on the Services will be
determined and its partnered 3rd party Tournament Organizersat Our sole
discretion and such determinations are final. By registering an Account and/or
participating in any Contest, You agree to be bound by these determinations and
agree to cooperate with Our efforts to reverse prize payouts. 5.4. Contest
Prizes The Users in each Completed Contest who win the Contest (e.g., accumulate
the most points, kills, etc.) and comply with eligibility requirements and
applicable Contest Rules will win the corresponding prizes for that Contest. In
the event that two or more Users tie in a Contest, the prize will be divided
evenly among those Users. play-gamer and its partnered Third Party Tournament
Organizers offer a number of different types of Contests. For each Contest, We
announce the Entry Fee and corresponding prize in advance on the Contest page.
All cash prize contests are organized by Third Party Tournament Organizers and
they are responsible for any payments. play-gamer does NOT run any cash prize
contests and is NOT responsible for any payments. play-gamer makes no
representations on behalf of Third Parties and is not a party to such
agreements; all duties therein are directly between the Third Party offereror
and any participant/claimant. No substitution or transfer of prize is permitted
except at respective tournament organizer’s sole discretion. All prizes are
awarded AS IS and WITHOUT WARRANTY OF ANY KIND, express or implied, (including,
without limitation, any implied warranty of merchantability or fitness for a
particular purpose) by Us. If any legal authority challenges the award and/or
Your receipt of a prize for winning a Contest on the Services, We reserve the
right to revoke, cancel, suspend, substitute, or modify the award of such prize.
Except in circumstances where technical failure, Our inability to verify Your
compliance with these Terms, or other reasons prevent timely distribution. Any
prizes that are mistakenly distributed to Your Account remain Our property and
will automatically be transferred from Your Account upon confirmation of the
error. Any prize mistakenly credited to Your Account that have been redeemed or
used by You before confirmation of the error will constitute a debt owed by You
to Us in the value of such wrongfully attributed prize. 5.5. Collusion, Cheating
and Fraud If You suspect that any User or third party may be cheating by
undertaking one of the following reportable actions listed below, You must
report such activity to Our Customer Support Team by sending email, with the
subject heading “Cheating” as soon as reasonably practicable. Reportable actions
include, without limitation: (i) colluding with other third parties; (ii) using
unfair external factors or influences; (iii) entering into Contests through
unauthorized methods; (iv) undertaking fraudulent activities to their advantage
and the disadvantage of other Users; (v) accessing any pre-release, confidential
information or other information that is not available to all other entrants of
a Contest and that provides the entrant an advantage in such a Contest,
including any information from any esport skill-based competition site or
information from a skill-based competition governing body (e.g., pre-release
patch, bug, update, or injury information) (“Pre-Release Data”); or (vi) using
multiple Accounts. Such activities are prohibited and We will take all
reasonable steps to investigate any such complaints and, where possible, prevent
such activities. We shall not be held liable for any form of loss sustained by
You as a result of any of the prohibited activities or any other unlawful
activity of persons using the Services. We reserve the right to terminate Your
Account, withhold the balance of Your Account, and recover from Your Account the
amount of any affected payouts if: 5.6.1. You are found or suspected to have
participated in any form of collusion or fraudulent practice; 5.6.2. We become
aware that You have invalidly requested a chargeback; 5.6.3. You become bankrupt
or have equivalent proceedings occurring anywhere in the world; 5.6.4. You have
more than one (1) Account at any one time; 5.6.5. You falsify Personal
Information (as defined in the play-gamer Privacy Policy) to enter a Contest or
claim a prize; 5.6.6. You are not eligible to participate in any Contest as set
forth in the Eligibility Section of these Terms; 5.6.7. You use a single Account
to participate in a Contest on behalf of multiple entrants or otherwise
collaborating with others to participate in any Contest; 5.6.9. You are found to
have abused any type of bonus, refer-a-friend program, or any other offers or
promotions; 5.6.10. You committed any type of abuse or violation that has been
deemed unacceptable by any governing authority related to the Contest (including
but not limited to tournament organizers, player and team organizations,
software developers and software distributors); 5.6.11. You tampered with the
administration of a Contest or attempted to tamper with the computer programs or
any security measure associated with a Contest; 5.6.12. You have abused the
Services in any way; or 5.6.13. At play-gamer’s sole discretion. We reserve the
right to recover from Your Account the amount of any affected payouts and/or
recover those sums from You if they have been redeemed, in the event that You
have participated in any form of collusion or fraudulent practice, regardless of
Your knowledge or innocence. play-gamer shall not be held liable for any
consequences that arise from Your use or misuse of the Services. 5.7. Suspicious
Activity If We become aware or suspect that a transaction is suspicious and
involves or may involve financial crime or similar activity then We reserve the
right to retain the amount of that transaction and any other transaction made by
You. In addition, We reserve the right to retain any funds related to that
activity and the balance on the Accounts in question, in order to disburse them
to the relevant authorities. We shall be under no obligation to provide You with
any reasons for these actions. If the activity and transactions are cleared of
any suspicions all retained funds will be made available to You. Where We
suspect that You are participating in any form of collusion, fraudulent
practices or money laundering activities, We reserve the right to report such
activity to the relevant authorities and regulators, online service providers,
banks, credit card companies, electronic payment providers or other financial
institutions including details of Your identity and You agree to cooperate fully
with Us to investigate any such activity. DEPOSITING ACCOUNT VIA XCREDITS
PURCHASE 6.1. Deposits To participate in certain Contests, You will be required
to purchase virtual currency (“xCredits”) into Your Account by any of the
methods permitted, and You may only participate in Premium Contests if You have
sufficient virtual currencies to cover the full Entry Fee. Such virtual
currencies will be deposited into Your Account upon actual receipt of the funds
by Us and/or Our agents. The sale of such virtual currencies are final and no
refunds will be issued. At any time, if requested, You agree to assist Us in
verifying Your Account. Minimum and maximum limits may be applied to Your
purchase of xCredits into Your Account, depending upon Your history with the
Services, Your profile, capability to pay, the method of purchase, and other
factors as determined solely by Us, and the Customer Support Team may request
additional identification documents from Users as part of this process. All
transactions into Your Account must be from a payment source on which You are
the named account holder. Depending on Your selected method of payment, fees may
be payable by You as a result of depositing funds into Your Account and will be
treated as an independent charge by the relevant payment or network provider,
for which You accept full responsibility. Please note that we do not store Your
Credit or Debit Card number. It is passed straight through to Our PCI-DSS
Compliant Payment Service Provider, where it is securely stored. 6.2. Bonuses
and Promotions From time to time, play-gamer may offer bonuses to prospect users
and for other marketing purposes. Any bonuses and/or promotions are subject to
their respective terms and requirements. Additionally, the promotional bonuses
may NOT be applied until certain pre-conditions are met subject to their
respective terms and requirements. THIRD-PARTY PAYMENT PROCESSORS play-gamer
uses third-party electronic payment processors and financial institutions
(“Payment Processors”) to process payments. The information that We provide to
and receive from these Payment Processors and the manner in which such
information is used and disclosed is described in further detail in the
play-gamer Privacy Policy. Users irrevocably authorize Us, as necessary, to
instruct such Payment Processors to handle payments and Users irrevocably agree
that play-gamer may give such instructions on a User’s behalf in accordance with
User requests as submitted through the Services. Users agree to be bound by the
terms and conditions of each applicable Payment Processor, and in the event of a
conflict between these Terms and the Payment Processors’ terms and conditions,
then these Terms shall prevail. Users agree that play-gamer is not liable for
any loss caused by any unauthorized use of credit cards or other methods of
payment by a third party in connection with a User’s use of the Services, except
as a result of the gross negligence of play-gamer. INTERACTIVE SERVICES AND USER
CONTENT 9.1. Interactive Services The Services may contain message boards, chat
rooms, profiles, forums, bulletin boards, and other interactive features that
allow Users to post, submit, publish, display, or transmit to others content,
such as audio, video, text, or other materials (collectively, “User Content”).
Users understand and acknowledge that by using the Services, Users may be
exposed to User Content that Users may consider to be objectionable and/or
inaccurate and that their use of the Services constitutes their acceptance of
such risk. All User Content must comply with the Content Standards set out in
Section 9.3 of this Agreement. Any User Content Users post on or through the
Services will be considered non-confidential and non-proprietary. By posting any
User Content on or through the Services, Users grant play-gamer and its
respective licensees, successors, and assigns the right to use, reproduce,
modify, perform, display, distribute, sell, exploit, and otherwise disclose to
third parties any such material for any purpose, without restriction, and
without compensation to Users. Users represent and warrant that: (i) Users own
or control all rights in and to their User Content; (ii) Users have the right to
grant the license granted above to play-gamer and its respective licensees,
successors and assigns; and (iii) all of their User Content does and will comply
with this Agreement. Users understand and acknowledge that Users are responsible
for any User Content they submit or contribute, and Users, not play-gamer, have
full responsibility for such content, including its legality, reliability,
accuracy and appropriateness. If You delete User Content from the Services, Our
general license to that User Content will end after a reasonable period of time
required for the deletion to take full effect. However, the User Content may
still exist in Our backup copies, which are not publicly available. If Your User
Content is shared with third parties, those third parties may have retained
copies of Your User Content. In addition, if We made use of Your User Content
before You deleted it, We will continue to have the right to make, duplicate,
redistribute, and sublicense those pre-existing uses, even after You delete the
User Content. Terminating Your Account on the Services will not automatically
delete Your User Content. User Content becomes public information, can be
collected and used by others, and may result in the receipt of unsolicited
messages from third parties. play-gamer discourages Users from posting any
personal information that can be used to identify or locate Users, such as User
addresses, email addresses, or phone numbers. IF A USER CHOOSES TO POST ANY
PERSONALLY IDENTIFIABLE INFORMATION ON OR THROUGH THE SERVICES, SUCH USER DOES
SO AT HIS/HER OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, play-gamer IS
NOT RESPONSIBLE OR LIABLE TO ANY PERSON OR THIRD PARTY FOR THE CONTENT OR
ACCURACY OF ANY CONTRIBUTIONS POSTED BY ANY USER OF THE SERVICES. 9.2.
Monitoring and Enforcement; Termination play-gamer does not undertake a review
of material before it is posted on or through the Services, and cannot ensure
prompt removal of objectionable material after it has been posted. Accordingly,
play-gamer assumes no liability for any action or inaction regarding
transmissions, communications, or content provided by any User or third party.
play-gamer has no liability or responsibility to anyone for performance or
nonperformance of the activities described in this section. play-gamer does
reserve the right, however, at its sole discretion, to take any of the following
actions: 9.2.1. Remove or refuse to post any User Content for any or no reason;
9.2.2. Take any action with respect to any User Content that play-gamer deems
necessary or appropriate, including, without limitation, if play-gamer believes
that any User Content violates this Agreement, infringes any intellectual
property right or other right of any person or entity, threatens the personal
safety of other Users or the public or could create liability for play-gamer;
9.2.3. Disclose User identity or other information about Users to any third
party who claims that material posted by Users violates their rights, including
their intellectual property rights or their right to privacy; 9.2.4. Take
appropriate legal action, including, without limitation, referral to law
enforcement, for any illegal or unauthorized use of the Services; and 9.2.5.
Terminate or suspend access to Your User Account or all or part of the Services
for any or no reason, including, without limitation, any violation of this
Agreement. Without limiting the foregoing, play-gamer reserves the right to
fully cooperate with any law enforcement authorities or court order requesting
or directing Us to disclose the identity or other information of anyone posting
any materials on or through the Services. USERS WAIVE AND HOLD HARMLESS
play-gamer AND play-gamer PROVIDERS (DEFINED BELOW) FROM ANY CLAIMS RESULTING
FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF
ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS
BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. 9.3. Content Standards User
Content must comply with all applicable federal, state, and local laws and
regulations. Without limiting the foregoing, User Content must not: 9.3.1.
Contain any material which is defamatory, obscene, indecent, abusive, offensive,
harassing, violent, hateful, inflammatory, or otherwise objectionable; 9.3.2.
Promote sexually explicit or pornographic material, violence, or discrimination
based on race, sex, religion, nationality, disability, sexual orientation, or
age; 9.3.3. Infringe any patent, trademark, trade secret, copyright, or other
intellectual property or other rights of any other person; 9.3.4. Violate the
legal rights (including the rights of publicity and privacy) of others or
contain any material that could give rise to any civil or criminal liability
under applicable laws or regulations or that otherwise may be in conflict with
this Agreement; 9.3.5. Be intended or likely to deceive any person; 9.3.6.
Advocate, promote, or assist any illegal activity; 9.3.7. Be likely to upset,
embarrass, alarm, or annoy any other person; 9.3.8. Impersonate any person, or
misrepresent the User’s identity or affiliation with any person or organization;
9.3.9. Involve commercial activities, sales, or advertising; 9.3.10. Contain any
links without prior written permission from play-gamer; or 9.3.11. Give the
impression that it is endorsed by play-gamer or any other person or entity, if
this is not the case. CONDUCT Users agree not to use the Services for any
unlawful purpose or for any purpose that is prohibited by this Agreement. Users
further agree not to: 10.1. Engage in any illegal activity, or the planning of
any illegal activity; 10.2. Threaten, harass, abuse, or otherwise intimidate any
User(s); 10.3. Post or transmit, or cause to be posted or transmitted, any
content that is infringing, libelous, defamatory, abusive, offensive, obscene,
pornographic or otherwise violates the law or the rights of play-gamer, its
Users, or any third party; 10.4. Use the Services for any purpose other than
that which is authorized in this Agreement or in a manner that violates any laws
including intellectual property laws; 10.5. Seek to or in any way assist others
in obtaining Account, password, or personal information from any User(s); 10.6.
Create a false identity, impersonate another person, or otherwise attempt to
mislead any person as to the identity or origin of any communication; 10.7. Send
or cause to be generated any unwanted email to any User(s); 10.8. Send or cause
to be generated any unwanted messages in the Services; 10.9. Inflict or cause to
be inflicted in any manner whatsoever software viruses or any other code
designed to interrupt, destroy, limit, or otherwise affect the functionality of
any software or hardware or telecommunications equipment associated directly or
indirectly with the Services; 10.10. Employ any automated means, including,
without limitation, bots, scrapers, or spiders to access or participate in the
Services for any purpose; 10.11. Using any unauthorized programs that interact
with the software in any way for any purpose, including, but not limited to
intercepting, emulating, or redirecting any communication, or collecting
information or reading memory used by play-gamer; 10.12. Improperly using
support or complaint features of the Services or making false reports to
play-gamer; 10.13. Using any artificial means to alter a User’s position in the
Contests; 10.14. Selling or transferring an Account or any attributes related
thereto; 10.15. Involve commercial activities, sales, or advertising; 10.16.
Engaging in any activity to gain an unfair advantage over play-gamer or other
Users, or otherwise acting in an unfair manner by exploiting a fault in
play-gamer software, by collusion or by any other unfair or illegal methods; or
10.17. Engaging in any other activity deemed by play-gamer to be in conflict
with the spirit or intent of this Agreement. Any use of the Services in
violation of the foregoing constitutes a breach of this Agreement and may result
in, among other things, Account termination, withholding of the balance of Your
Account, recovery of any affected payouts from Your Account, prohibition from
using the Services, and/or legal action. Users understand that any attempt to
deliberately damage the Services or undermine any Contest may also be a
violation of criminal and/or civil laws and play-gamer reserves the right to
seek damages and other remedies from any such person to the fullest extent
permitted by law. If Users wish to report any abuses, inappropriate online
conduct, or a violation of this Agreement, please forward all evidence of the
same to support@play-gamer.io, with the subject heading “Violations.” Please
report responsibly. LIMITATIONS ON WARRANTY AND LIABILITY 11.1. Disclaimer of
Warranties Users expressly acknowledge and agree that use of the Services is at
their sole risk. Users further acknowledge and agree that the Services are
provided on an “AS IS” and “as available” basis. Neither play-gamer nor any of
its parents, subsidiaries, affiliates, licensees, licensors, contractors,
agents, content providers, vendors, component suppliers (both hardware and
software), and/or any third party who provides products or services purchased
from or distributed by play-gamer as well their respective officers, directors,
members, managers, representatives, agents, employees, investors or the like
(collectively “play-gamer Providers”), warrant that offerings affiliated with
play-gamer, including, but not limited to, the Site, the play-gamer Royale
Application, and the Services offered thereon, will be uninterrupted,
error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware,
adware, malware, harmful or malicious code, or other defects. TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, play-gamer AND THE play-gamer PROVIDERS
DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED AND
STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS. play-gamer AND THE play-gamer PROVIDERS
MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THE SERVICES, SECURITY OF THE SERVICES, AVAILABILITY OF ANY GOODS,
SERVICES OR OFFERINGS OFFERED ON OR THROUGH THE SERVICES, OR THE INFORMATION,
CONTENT, SERVICES, MATERIALS OR PRODUCTS, INCLUDED ON OR THROUGH THE SERVICES.
NEITHER play-gamer NOR ANY play-gamer PROVIDER MAKES A WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY,
RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICES, PROVIDED ON
OR THROUGH THE SERVICES. THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR
THROUGH THE SERVICES MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. NEITHER
play-gamer NOR ANY play-gamer PROVIDER SHALL BE RESPONSIBLE FOR ANY OPINIONS,
VIEWS, ADVICE, STATEMENTS, OR USER CONTRIBUTIONS POSTED ON OR THROUGH THE
SERVICES (INCLUDING, WITHOUT LIMITATION, IN ANY INTERACTIVE AREAS OF THE
SERVICES) BY ANY PERSON OR ENTITY OTHER THAN AN AUTHORIZED play-gamer
REPRESENTATIVE. 11.2. Limitations on Liability NEITHER play-gamer NOR THE
play-gamer PROVIDERS GUARANTEE THE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS
TO THE SERVICES OR ANY ASPECT THEREOF. THE OPERATION OF THE SERVICES MAY BE
INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF play-gamer AND THE
play-gamer PROVIDERS. YOU UNDERSTAND AND AGREE THAT NEITHER play-gamer NOR THE
play-gamer PROVIDERS SHALL BE LIABLE TO USERS FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF INCOME, LOSS OF DIRECT OR INDIRECT
PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF CONTRACTS, ANY LOSS OF MONEY,
ANY LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS
INTERRUPTION, LOSS OF USE, OR OTHER INTANGIBLE LOSSES, WHETHER SUCH CLAIM IS
BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF
play-gamer OR THE play-gamer PROVIDERS HAD BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES;
(II) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER TRANSMISSIONS OR DATA; (III)
OPINIONS, VIEWS, ADVICE, STATEMENTS, OR USER CONTRIBUTIONS POSTED ON OR THROUGH
THE SERVICES; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES. YOU UNDERSTAND
AND AGREE THAT NEITHER play-gamer NOR THE play-gamer PROVIDERS SHALL BE LIABLE
TO USERS FOR ANY LOSS OR DAMAGES DUE TO VIRUSES THAT MAY INFECT USERS’ COMPUTER
EQUIPMENT, MOBILE HANDSET, TABLET, SOFTWARE, DATA OR OTHER PROPERTY RESULTING
FROM USERS’ USE OF THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN AND REGARDLESS OF THE FORM OF THE ACTION, play-gamer’S
LIABILITY TO USERS FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY SUCH USER TO play-gamer FOR USE OF THE SERVICES DURING
THE TERM OF THEIR REGISTRATION, NOT INCLUDING ANY ENTRY FEES FOR ESPORTS
CONTESTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM. IN THE
EVENT THAT A USER RESIDES IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO SUCH
USER. play-gamer SERVICES, MAINTENANCE AND RIGHT TO TERMINATE play-gamer
conducts maintenance work on its systems from time to time primarily for the
purpose of ensuring security and integrity. A portion, or sometimes all, of the
features of the Services will not be available during maintenance periods. If
possible, Users will be notified of maintenance periods in advance, however,
Users hereby agree that play-gamer may update the Services with or without
notifying Users. play-gamer also reserves the right to modify or discontinue
operation of any aspect of the Services at any time, including, without
limitation, the availability of the Services, or any features or content
thereon, including without limitation the offering of the Contests. play-gamer
may also impose limits on certain features and offerings or restrict access to
parts or all of the Services with or without notice to Users and without
liability to Users or any third party. You may close Your Account and terminate
Your right to use the Services at any time by clicking on the ‘Delete Account’
button under ‘Profile Settings’ or by sending an email to the Customer Support
Team, with the subject heading “Account Closure.” Upon receipt of Your email,
the Customer Support Team will respond within a reasonable time to confirm the
closure of Your Account, however, You accept full responsibility for all
activity on Your Account until such confirmation has been given to You by Us. We
will use Our reasonable efforts to close Your Account within seven (7) business
days. Any remaining xCredits in Your Account (excluding any rewards, incentives
or promotional funds) at the time of Account closure will be automatically be
deleted from your account recordsIn the event You win in a Contest after
confirmation of Your Account closure, You will be notified by email sent by the
administrator or organizer of respective contests. If You close Your Account,
play-gamer reserves the right to collect fees, surcharges, or costs incurred
before closing the Account. play-gamer may suspend or terminate Accounts,
confiscate any Account balances in accordance with applicable law, refuse any
and all current or future use of the Services (and access to all related
entitlements)without notice, and for any reason, including, without limitation,
for violation of this Agreement, illegal or improper use of an Account, or
illegal or improper use of the Services. In the event that a User’s Account is
terminated or cancelled, the User will have no further access to their Account
or anything associated with it. If a User’s Account is terminated by play-gamer,
We reserve the right to determine whether to declare as void any transaction(s)
placed by such User. play-gamer also reserves the right to refuse to maintain an
Account for, and provide the Services to, any individual. All problems
encountered during the use of the Services, including those with regard to User
Accounts, etc., can be reported to play-gamer when the problem is encountered by
sending an email to the Customer Support Team, with the subject heading
“Assistance Request.” If Your Account is subject to a suspension or termination,
You must respect the restrictions and limitations imposed on Your Account as
part of the suspension or termination, and You should communicate with the
Customer Support Team regarding restoration of Your Account by sending an email,
with the subject heading “Suspended Account.” THIRD PARTY ADVERTISING Users
understand that the Services may feature advertisements from play-gamer as well
as Our third party sponsors. play-gamer’s disclosure of information for third
party advertising is addressed in the Privacy Policy. Additionally, any charges
or obligations incurred in dealings with these third parties are the User’s sole
responsibility. play-gamer makes no representation or warranty regarding any
content, goods and/or services provided by any third party even if linked to
from the Services, and will not be liable for any claim relating to any third
party content, goods and/or services. play-gamer is not responsible for their
content, business practices, or privacy policies, or for the collection, use, or
disclosure of any information those sites and services may collect. Further, the
inclusion of any link does not imply endorsement by play-gamer of such sites or
services. CALIFORNIA CONSUMER NOTICE As required by California Code Section
1789.3, this notice is to advise Users that (i) the Services are provided by
play-gamer Technologies, Inc., at 31 Milk Street, Suite 717, Boston, MA 02109,
(617) 936-4104, and that (ii) a fee may be charged for certain offerings,
including, without limitation, in connection with Services. play-gamer reserves
the right to change the amount of any fee or charge and to institute new fees or
charges, effective on reasonable notice to Users. If Users have a complaint
regarding the Services or desire further information on use of the Services,
please contact the Customer Support Team. Users may also contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at Department of Consumer Affairs,
Consumer Information Division, 1625 North Market Boulevard, Suite N 112,
Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
PRIVACY AND DATA COLLECTION play-gamer’s Privacy Policy, is an integral part of
this Agreement and is expressly incorporated by reference. GENERAL QUERIES 16.1.
FAQ For general queries related to play-gamer, visit our FAQ page, which lists a
range of answers to common questions. 16.2. Contact Us If the FAQs do not
provide an answer to Your query, the Customer Support Team would love to hear
from You. Please reach out by sending us an email or filling out the ‘Contact
Us’ form on the Q&A page with the following information: Your Name; Your Email;
and The query or issue we can assist You with. The Customer Support Team will
endeavor to: Provide an initial response to Your query or complaint within two
(2) business days, and Investigate and attempt to resolve Your query within ten
(10) business days or such longer period as is necessary and notified to You by
our team member. 16.3. Support within the Services If You have the play-gamer
Site / Royale Application open, You can access both the FAQ and Contact Us
functions, allowing You to get answers to Your queries immediately within the
Services. COMPLAINTS AND DISPUTE RESOLUTION PROCESS PLEASE READ THIS SECTION
CAREFULLY AS IT MAY SIGNIFICANTLY IMPACT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT
TO FILE A LAWSUIT IN COURT. Users agree to work with play-gamer in good faith to
resolve any dispute, controversy, disagreement or claim (“Dispute”) arising out
of or relating to this Agreement or their use of the Services before escalating
to binding arbitration or litigation, as addressed below. The following steps
are available to Users: 17.1. Initial Dispute Resolution Users must give
play-gamer an opportunity to resolve the Dispute by sending an email, with the
subject line “Dispute” or mailing play-gamer Technologies, Inc., Attn: Customer
Support Team, 31 Milk Street, Suite 717, Boston, MA 02109. The written
notification of Dispute must include: (i) the User’s name and email address;
(ii) a written description of the Dispute; and (iii) a description of the
specific relief the User seeks. The parties agree to use their best efforts to
resolve Disputes using this Initial Dispute Resolution process. 17.2. Escalate
to Management Should You be in any way dissatisfied with the resolution provided
by the Customer Support Team regarding Your query, dispute or complaint, You can
request that the matter be escalated to a member of our Management Team. Once
received our Management Team will personally review and respond to Your query,
dispute or complaint. Please allow up to three (3) business days for a response.
17.3. Binding Arbitration Should a User be in any way dissatisfied with the
resolution provided by the Management Team regarding the Dispute or in the event
that the parties are unable to resolve the Dispute within fourteen (14) days of
play-gamer’s receipt of the User’s written notification, then either party may
initiate binding arbitration as the sole means to resolve the Dispute, subject
to the terms set forth below. Specifically, all Disputes arising out of or
relating to these Terms (including its formation, performance and breach), the
parties’ relationship with each other and/or a User’s use of the Services shall
be finally settled by binding arbitration administered by the American
Arbitration Association (“AAA”) in accordance with the provisions of its
Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary
Procedures of the AAA, 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
this Agreement, including, but not limited to any claim that all or any part of
this Agreement is void or voidable, or whether a claim is subject to
arbitration. Except for the award of any punitive damages, 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 binding on the parties and may be
entered as a judgment in any court of competent jurisdiction. This arbitration
undertaking is made pursuant to and in connection with a transaction involving
interstate commerce, and shall be governed by and construed and interpreted in
accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. This
arbitration provision shall survive termination of this Agreement. Each party
shall bear its own costs in connection with any arbitration proceedings. The
parties shall equally share the fees of the arbitration and the arbitrator. The
Commercial Arbitration Rules governing the arbitration may be accessed at
www.adr.org or by calling the AAA at (800) 778-7879. 17.3.1. Location The
parties further agree that arbitration shall be initiated in Suffolk County,
Massachusetts and to submit to the personal jurisdiction of any federal or state
court in Suffolk County, Massachusetts 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. 17.3.2. 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. USERS AND play-gamer AGREE THAT EACH PARTY MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITIES 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. 17.3.3. Exception – Litigation of Intellectual
Property and Small Claims Court Notwithstanding the parties’ decision to resolve
all disputes through binding arbitration, either party may bring an action in a
state or federal court located in Suffolk County, Massachusetts to protect or
enforce intellectual property rights. Intellectual property rights include
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 located in Suffolk County, Massachusetts for disputes or claims within the
scope of that court’s jurisdiction. The laws of the Commonwealth of
Massachusetts shall be applied in any litigation proceedings, without regard to
principles of conflict of laws. Users further agree to accept service of process
by mail. 17.3.4. Other Claims For any claims, other than litigation of
intellectual property rights and claims made in small claims court, that are not
subject to arbitration the parties agree that litigation shall be initiated in
Suffolk County, Massachusetts and agree to submit to the personal jurisdiction
of any federal or state court in Suffolk County, Massachusetts. The parties
hereby waive any argument that any such court does not have personal
jurisdiction or that the location of Suffolk County, Massachusetts is not
appropriate or convenient. The parties further agree to waive any and all rights
to trial by jury with respect to any claims. In the event that either party
initiates a proceeding involving any claim other than an arbitration in
accordance with this Section, or initiates a proceeding involving a claim under
this Section other than in Suffolk County, Massachusetts, the other party shall
recover all attorneys’ fees and expenses reasonably incurred in enforcing these
Terms to arbitrate and the location to which the parties have herein agreed.
17.3.5. 30-Day Right to Opt-Out YOU HAVE THE RIGHT TO OPT-OUT OF THE BINDING
ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH ABOVE WITHIN THIRTY
(30) DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out
Deadline”). Users may opt-out of these provisions by mailing written
notification to play-gamer Technologies, Inc., Attn: play-gamer Legal, 31 Milk
Street, Suite 717, Boston, MA 02109. The written notification must include (i)
the User’s name and address and (ii) a clear statement that the User does not
wish to resolve disputes with play-gamer through binding arbitration. A decision
to opt-out of these provisions will have no adverse effect on the User’s
relationship with play-gamer. If Users opt-out of these provisions, play-gamer
also will not be bound by them. Any opt-out request received after the Opt-Out
Deadline will not be valid and Users must pursue their Dispute through binding
arbitration or small claims court. GENERAL PROVISIONS 18.1. Relationship of
Parties/No Third Party Beneficiaries Users agree that no joint venture,
partnership, employment, or agency relationship exists between Users and
play-gamer as a result of this Agreement or their use of the Services. Users
agree not to hold themselves out as representatives, agents, operators,
distributors, or employees of play-gamer and play-gamer shall not be liable for
any of their representations, acts, or omissions. Users also agree that, except
as otherwise expressly provided in this Agreement, there shall be no third party
beneficiaries to this Agreement. 18.2. Assignment play-gamer may assign its
rights and obligations under this Agreement, in whole or in part, to any person
or entity at any time with or without the Users’ consent. Upon such assignment,
play-gamer may be relieved of any further obligation hereunder. Users may not
assign or delegate any rights or obligations under this Agreement without
play-gamer’s prior written consent, and any unauthorized assignment and
delegation by Users is void and ineffective. 18.3. Waiver/Severability No
failure or forbearance on play-gamer’s part to exercise its rights or insist
upon performance of obligations hereunder is to be construed as a waiver or
relinquishment of those or any other rights or obligations in that or any other
instance; rather, the same shall remain in full force and effect. If any
provision of this Agreement is deemed unlawful, void, or for any reason
unenforceable, such provision shall be narrowed in scope or otherwise amended to
the extent necessary to make such provision lawful, valid and enforceable while
as nearly as possible reflecting the intent of the parties as expressed in this
Agreement, or, if such amendment is impossible, severed from this Agreement. No
amendment or severing of any provision of this Agreement shall affect the
validity or enforceability of any remaining provisions. 18.4.
Circumvention/Indemnification Users agree that they shall not circumvent or
attempt to circumvent these Terms or the Services or otherwise interrupt or
attempt to interrupt the operations of play-gamer (collectively, a
“Circumvention Act”). If play-gamer determines, at its sole discretion, that
Users have engaged, or attempted to engage, in any Circumvention Act, or to
otherwise commit fraud with regard to the Services, then, in such an event,
play-gamer reserves the right to institute civil or criminal proceedings against
such Users and to report such Users to the relevant regulatory authorities.
Users further agree to indemnify, save, and hold harmless play-gamer and the
play-gamer Providers from any claims, losses, damages, liabilities, including
legal fees and expenses, arising out of their use or misuse of the Services, any
violation by Users of this Agreement, or any breach of the representations,
warranties, and covenants made by Users herein. play-gamer reserves the right,
at the Users’ expense, to assume the exclusive defense and control of any matter
for which the Users are required to indemnify play-gamer, and Users agree to
cooperate with play-gamer’s defense of these claims. play-gamer will use
reasonable efforts to notify Users of any such claim, action, or proceeding upon
becoming aware of it. Users agree that the provisions in this paragraph will
survive any termination of their play-gamer Account or of the Services. 18.5.
Force Majeure play-gamer shall not be liable for any delay or failure to perform
resulting from unforeseen circumstances or causes outside its reasonable
control, including, without limitation, acts of God, war, terrorism, riots,
embargoes, acts of civil or military authorities, fire, floods, accidents,
network infrastructure failures, strikes, or shortages of transportation
facilities, fuel, energy, labor or materials. 18.6. Notices play-gamer may
notify Users via postings in the Services, via email and/or any other method of
communication to the contact information Users provide to Us. All questions,
complaints, or claims pertaining to the Services as well as any notices given by
Users or required from Users under these Terms shall be in writing and directed
to: play-gamer Technologies, Inc. Address: 31 Milk Street, Suite 717, Boston, MA
02109 Email: ­­­­­ support@play-gamer.io Any notices Users provide that do not
comply with this Section 18.6 shall have no legal effect. 18.7. Entire Agreemen
t These Terms constitute the entire agreement between Users and play-gamer with
respect to the subject matter hereof and supersedes and replaces all prior or
contemporaneous understandings or agreements, written or oral, regarding such
subject matter. Any waiver of any provision of these Terms will be effective
only if in writing and signed by play-gamer. 18.8. Reservation of Rights
play-gamer reserves the right to enforce its Terms if play-gamer, in its sole
discretion, determines that the services provided by a content provider’s
platform (including but not limited to websites, mobile applications, web-based
applications, desktop-based applications, or social media accounts) is
detrimental to the Company brand or brands, including, without limitation, in
any manner that is disparaging or that otherwise portrays play-gamer in a
negative light, or has a negative impact on the integrity of play-gamer’s
product or business operations. GOVERNMENTAL COMPLIANCE play-gamer’s performance
of this Agreement is subject to existing laws and legal process, and nothing
contained in this Agreement is in derogation of play-gamer’s right to comply
with governmental, court, and law enforcement requests or requirements relating
to use of the Services or information provided to or gathered by play-gamer with
respect to such use. GOVERNING LAW By using these Services, You agree that the
laws of the Commonwealth of Massachusetts will govern these Terms, without
giving effect to any principles of conflicts of laws. The section titles in the
TERMS are for convenience only and have no legal or contractual effect.

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