State of Illinois TERMS OF USE
AGREEMENT
Rev. 133A18A Version Date: January 09, 2020
TERMS OF USE ARKTYK GAMING LLC
This Terms of Use Agreement ("Agreement") constitutes a
legally binding agreement made between you, whether personally or on
behalf of an entity ('user' or 'you') and TRITIUM, Inc. and its
affiliated companies (collectively, 'Company' or 'we' or 'us' or
'our'), concerning your access to and use of the
https://arktykgaming.com website as well as any other media form,
media channel, mobile website or mobile application related or
connected thereto (collectively, the 'Website'). The Website
provides the following service: Electronic Gaming Consulting
('Company Services'). Supplemental terms and conditions or documents
that may be posted on the Website from time to time, are hereby
expressly incorporated into this Agreement by reference. Company
makes no representation that the Website is appropriate or available
in other locations other than where it is operated by Company. The
information provided on the Website is not intended for distribution
to or use by any person or entity in any jurisdiction or country
where such distribution or use would be contrary to law or
regulation or which would subject Company to any registration
requirement within such jurisdiction or country. Accordingly, those
persons who choose to access the Website from other locations do so
on their own initiative and are solely responsible for compliance
with local laws, if and to the extent local laws are applicable. All
users who are minors in the jurisdiction in which they reside
(generally under the age of 18) must have the permission of, and be
directly supervised by, their parent or guardian to use the Website.
If you are a minor, you must have your parent or guardian read and
agree to this Agreement prior to you using the Website. YOU ACCEPT
AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH
ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO
BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY
THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS
AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR
ACCESS THE COMPANY SERVICES OR THE WEBSITE. PURCHASES; PAYMENT
Company bills you through an online billing account for purchases of
products and/or services. You agree to pay Company all charges at
the prices then in effect for the products you or other persons
using your billing account may purchase, and you authorize Company
to charge your chosen payment provider for any such purchases. You
agree to make payment using that selected payment method. If you
have ordered a product or service that is subject to recurring
charges then you consent to our charging your payment method on a
recurring basis, without requiring your prior approval from you for
each recurring charge until such time as you cancel the applicable
product or service. Company reserves the right to correct any errors
or mistakes in pricing that it makes even if it has already
requested or received
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payment. Sales tax will be added to the sales price of
purchases as deemed required by Company. Company may change prices
at any time. All payments shall be in U.S. dollars. REFUND POLICY
All sales are final and no refunds shall be issued. GUIDELINES FOR
REVIEWS Company may accept, reject or remove reviews in its sole
discretion. Company has absolutely no obligation to screen reviews
or to delete reviews, even if anyone considers reviews objectionable
or inaccurate. Those persons posting reviews should comply with the
following criteria: (1) reviewers should have firsthand experience
with the person/entity being reviewed; (2) reviews should not
contain: offensive language, profanity, or abusive, racist, or hate
language; discriminatory references based on religion, race, gender,
national origin, age, marital status, sexual orientation or
disability; or references to illegal activity; (3) reviewers should
not be affiliated with competitors if posting negative reviews; (4)
reviewers should not make any conclusions as to the legality of
conduct; and (5) reviewers may not post any false statements or
organize a campaign encouraging others to post reviews, whether
positive or negative. Reviews are not endorsed by Company, and do
not represent the views of Company or of any affiliate or partner of
Company. Company does not assume liability for any review or for any
claims, liabilities or losses resulting from any review. By posting
a review, the reviewer hereby grants to Company a perpetual,
non-exclusive, worldwide, royalty-free, fully-paid, assignable and
sublicensable license to Company to reproduce, modify, translate,
transmit by any means, display, perform and/or distribute all
content relating to reviews. MOBILE APPLICATION LICENSE Use License
If you are accessing the Company Services via a mobile application,
then Company grants you a revocable, non-exclusive,
non-transferable, limited right to install and use the application
on wireless handsets owned and controlled by you, and to access and
use the application on such devices strictly in accordance with the
terms and conditions of this license. You shall use the application
strictly in accordance with the terms of this license and shall not:
(a) decompile, reverse engineer, disassemble, attempt to derive the
source code of, or decrypt the application; (b) make any
modification, adaptation, improvement, enhancement, translation or
derivative work from the application; (c) violate any applicable
laws, rules or regulations in connection with your access or use of
the application; (d) remove, alter or obscure any proprietary notice
(including any notice of copyright or trademark) of Company or its
affiliates, partners, suppliers or the licensors of the application;
(e) use the application for any revenue generating endeavor,
commercial enterprise, or other purpose for which it is not designed
or intended; (f) make the application available over a network or
other environment permitting access or use by multiple devices or
users at the same time; (g) use the application for creating a
product, service or software that is, directly or indirectly,
competitive with or in any way a substitute for the application; (h)
use the application to send automated queries to any website or to
send any unsolicited commercial e-mail; or (i) use any proprietary
information or interfaces of Company or other intellectual property
of Company in the design, development, manufacture, licensing or
distribution of any applications, accessories or devices for use
with the application.
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Terms Applicable to Apple and Android Devices The following
terms apply when you use a mobile application obtained from either
the Apple Store or Google Play to access the Company Services. You
acknowledge that this Agreement is concluded between you and Company
only, and not with Apple Inc. or Google, Inc. (each an "App
Distributor"), and Company, not an App Distributor, is solely
responsible for the Company application and the content thereof. (1)
SCOPE OF LICENSE: The license granted to you for the Company
application is limited to a non-transferable license to use the
Company application on a device that utilizes the Apple iOS or
Android operating system, as applicable, and in accordance with the
usage rules set forth in the applicable App Distributor terms of
service. (2) MAINTENANCE AND SUPPORT: Company is solely responsible
for providing any maintenance and support services with respect to
the Company application, as specified in this Agreement, or as
required under applicable law. You acknowledge that each App
Distributor has no obligation whatsoever to furnish any maintenance
and support services with respect to the Company application. (3)
WARRANTY: Company is solely responsible for any product warranties,
whether express or implied by law, to the extent not effectively
disclaimed. In the event of any failure of the Company application
to conform to any applicable warranty, you may notify an App
Distributor, and the App Distributor, in accordance with its terms
and policies, may refund the purchase price, if any, paid for the
Company application, and to the maximum extent permitted by
applicable law, an App Distributor will have no other warranty
obligation whatsoever with respect to the Company application, and
any other claims, losses, liabilities, damages, costs or expenses
attributable to any failure to conform to any warranty will be
Company's sole responsibility. (4) PRODUCT CLAIMS: You acknowledge
that Company, not an App Distributor, is responsible for addressing
any claims of yours or any third party relating to the Company
application or your possession and/or use of the Company
application, including, but not limited to: (i) product liability
claims; (ii) any claim that the Company application fails to conform
to any applicable legal or regulatory requirement; and (iii) claims
arising under consumer protection or similar legislation. (5)
INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in the event of
any third party claim that the Company application or your
possession and use of the Company application infringes a third
party's intellectual property rights, the App Distributor will not
be responsible for the investigation, defense, settlement and
discharge of any such intellectual property infringement claim. (6)
LEGAL COMPLIANCE: You represent and warrant that (i) you are not
located in a country that is subject to a U.S. government embargo,
or that has been designated by the U.S. government as a "terrorist
supporting" country; and (ii) you are not listed on any U.S.
government list of prohibited or restricted parties. (7) THIRD PARTY
TERMS OF AGREEMENT: You must comply with applicable third party
terms of agreement when using the Company application, e.g., if you
have a VoIP application, then you must not be in violation of their
wireless data service agreement when using the Company application.
(8) THIRD PARTY BENEFICIARY: Company and you acknowledge and agree
that the App Distributors, and their subsidiaries, are third party
beneficiaries of this Agreement, and that, upon your acceptance of
the terms and conditions of this Agreement, each App Distributor
will have the right (and will be deemed to have accepted the right)
to enforce this Agreement against you as a third party beneficiary
thereof. SUBMISSIONS You acknowledge and agree that any questions,
comments, suggestions, ideas, feedback or other information about
the Website or the Company Services ("Submissions") provided by you
to Company are non-confidential and Company (as well as any designee
of Company) shall be entitled to the unrestricted use and
dissemination of these Submissions for any purpose, commercial or
otherwise, without acknowledgment or compensation to you.
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PROHIBITED ACTIVITIES You may not access or use the Website
for any other purpose other than that for which Company makes it
available. The Website may not be used in connection with any
commercial endeavors except those that are specifically endorsed or
approved by Company. Prohibited activity includes, but is not
limited to: A. attempting to bypass any measures of the Website
designed to prevent or restrict access to the Website, or any
portion of the Website B. attempting to impersonate another user or
person or using the username of another user C. criminal or tortious
activity D. deciphering, decompiling, disassembling or reverse
engineering any of the software comprising or in any way making up a
part of the Website E. deleting the copyright or other proprietary
rights notice from any Website content F. engaging in any automated
use of the system, such as using any data mining, robots or similar
data gathering and extraction tools G. except as may be the result
of standard search engine or Internet browser usage, using or
launching, developing or distributing any automated system,
including, without limitation, any spider, robot (or "bot"), cheat
utility, scraper or offline reader that accesses the Website, or
using or launching any unauthorized script or other software H.
harassing, annoying, intimidating or threatening any Company
employees or agents engaged in providing any portion of the Company
Services to you I. interfering with, disrupting, or creating an
undue burden on the Website or the networks or services connected to
the Website J. making any unauthorized use of the Company Services,
including collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending unsolicited
email, or creating user accounts by automated means or under false
pretenses K. selling or otherwise transferring your profile L.
systematic retrieval of data or other content from the Website to
create or compile, directly or indirectly, a collection,
compilation, database or directory without written permission from
Company M. tricking, defrauding or misleading Company and other
users, especially in any attempt to learn sensitive account
information such as passwords N. using any information obtained from
the Website in order to harass, abuse, or harm another person O.
using the Company Services as part of any effort to compete with
Company or to provide services as a service bureau P. using the
Website in a manner inconsistent with any and all applicable laws
and regulations INTELLECTUAL PROPERTY RIGHTS The content on the
Website ("Company Content") and the trademarks, service marks and
logos contained therein ("Marks") are owned by or licensed to
Company, and are subject to copyright and other intellectual
property rights under United States and foreign laws and
international conventions. Company Content, includes, without
limitation, all source code, databases, functionality, software,
website designs, audio, video, text, photographs and graphics. All
Company graphics, logos, designs, page headers, button icons,
scripts and service names are registered trademarks, common law
trademarks or trade dress of Company in the United States and/or
other countries. Company's trademarks and trade dress may not be
used, including as part of trademarks and/or as part of domain
names, in connection with any
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or service in any manner that is likely to cause confusion and may
not be copied, imitated, or used, in whole or in part, without the
prior written permission of the Company. Company Content on the
Website is provided to you "AS IS" for your information and personal
use only and may not be used, copied, reproduced, aggregated,
distributed, transmitted, broadcast, displayed, sold, licensed, or
otherwise exploited for any other purposes whatsoever without the
prior written consent of the respective owners. Provided that you
are eligible to use the Website, you are granted a limited license
to access and use the Website and the Company Content and to
download or print a copy of any portion of the Company Content to
which you have properly gained access solely for your personal, non-
commercial use. Company reserves all rights not expressly granted to
you in and to the Website and Company Content and Marks. THIRD PARTY
WEBSITES AND CONTENT The Website contains (or you may be sent
through the Website or the Company Services) links to other websites
("Third Party Websites") as well as articles, photographs, text,
graphics, pictures, designs, music, sound, video, information,
applications, software and other content or items belonging to or
originating from third parties (the "Third Party Content"). Such
Third Party Websites and Third Party Content are not investigated,
monitored or checked for accuracy, appropriateness, or completeness
by us, and we are not responsible for any Third Party Websites
accessed through the Website or any Third Party Content posted on,
available through or installed from the Website, including the
content, accuracy, offensiveness, opinions, reliability, privacy
practices or other policies of or contained in the Third Party
Websites or the Third Party Content. Inclusion of, linking to or
permitting the use or installation of any Third Party Website or any
Third Party Content does not imply approval or endorsement thereof
by us. If you decide to leave the Website and access the Third Party
Websites or to use or install any Third Party Content, you do so at
your own risk and you should be aware that our terms and policies no
longer govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any website to
which you navigate from the Website or relating to any applications
you use or install from the Website. Any purchases you make through
Third Party Websites will be through other websites and from other
companies, and Company takes no responsibility whatsoever in
relation to such purchases which are exclusively between you and the
applicable third party. SITE MANAGEMENT Company reserves the right
but does not have the obligation to: A. monitor the Website for
violations of this Agreement; B. take appropriate legal action
against anyone who, in Company's sole discretion, violates this
Agreement, including without limitation, reporting such user to law
enforcement authorities; C. in Company's sole discretion and without
limitation, refuse, restrict access to or availability of, or
disable (to the extent technologically feasible) any user's
contribution or any portion thereof that may violate this Agreement
or any Company policy; D. in Company's sole discretion and without
limitation, notice or liability to remove from the Website or
otherwise disable all files and content that are excessive in size
or are in any way burdensome to Company's systems; E. otherwise
manage the Website in a manner designed to protect the rights and
property of Company and others and to facilitate the proper
functioning of the Website.
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TERM AND TERMINATION This Agreement shall remain in full
force and effect while you use the Website or are otherwise a user
or member of the Website, as applicable. You may terminate your use
or participation at any time, for any reason, by following the
instructions for terminating user accounts in your account settings,
if available, or by contacting us using the contact information
below. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT,
COMPANY RESERVES THE RIGHT TO, IN COMPANY'S SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE
AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO
REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR
OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE WEBSITE AND THE COMPANY SERVICES, DELETE
YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT
ANY TIME, WITHOUT WARNING, IN COMPANY'S SOLE DISCRETION. In order to
protect the integrity of the Website and Company Services, Company
reserves the right at any time in its sole discretion to block
certain IP addresses from accessing the Website and Company
Services. Any provisions of this Agreement that, in order to fulfill
the purposes of such provisions, need to survive the termination or
expiration of this Agreement, shall be deemed to survive for as long
as necessary to fulfill such purposes. YOU UNDERSTAND THAT CERTAIN
STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR
OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY'S THIRD
BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS
AND HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE
DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING
BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS
SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH
LAWS. If Company terminates or suspends your account for any reason,
you are prohibited from registering and creating a new account under
your name, a fake or borrowed name, or the name of any third party,
even if you may be acting on behalf of the third party. In addition
to terminating or suspending your account, Company reserves the
right to take appropriate legal action, including without limitation
pursuing civil, criminal, and injunctive redress. MODIFICATIONS To
Agreement Company may modify this Agreement from time to time. Any
and all changes to this Agreement will be posted on the Website and
revisions will be indicated by date. You agree to be bound to any
changes to this Agreement when you use the Company Services after
any such modification becomes effective. Company may also, in its
discretion, choose to alert all users with whom it maintains email
information of such modifications by means of an email to their most
recently provided email address. It is therefore
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important that you regularly review this Agreement and keep
your contact information current in your account settings to ensure
you are informed of changes. You agree that you will periodically
check the Website for updates to this Agreement and you will read
the messages we send you to inform you of any changes. Modifications
to this Agreement shall be effective after posting. To Services
Company reserves the right at any time to modify or discontinue,
temporarily or permanently, the Company Services (or any part
thereof) with or without notice. You agree that Company shall not be
liable to you or to any third party for any modification, suspension
or discontinuance of the Company Services. DISPUTES Between Users If
there is a dispute between users of the Website, or between users
and any third party, you understand and agree that Company is under
no obligation to become involved. In the event that you have a
dispute with one or more other users, you hereby release Company,
its officers, employees, agents and successors in rights from
claims, demands and damages (actual and consequential) of every kind
or nature, known or unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way related to such
disputes and/or the Company Services. With Company All questions of
law, rights, and remedies regarding any act, event or occurrence
undertaken pursuant or relating to this Website or the Company
Services shall be governed and construed by the laws of the
State/Commonwealth of Illinois, excluding such state's conflicts of
law rules. Any legal action of whatever nature by or against Company
arising out of or related in any respect to this Website and the
Company Services shall be brought solely in either the applicable
federal or state courts located in or with jurisdiction over UNITED
STATES OF AMERICA County, State of Illinois; subject, however, to
the right of Company, at the Company's sole discretion, to bring an
action to seek injunctive relief to enforce this Agreement or to
stop or prevent an infringement of proprietary or other third party
rights (or any similar cause of action) in any applicable court in
any jurisdiction where jurisdiction exists with regard to a user.
You hereby consent to (and waive any challenge or objection to)
personal jurisdiction and venue in the above-referenced courts.
Application of the United Nations Convention on Contracts for the
International Sale of Goods is excluded from this Agreement.
Additionally, application of the Uniform Computer Information
Transaction Act (UCITA) is excluded from this Agreement. In no event
shall any claim, action or proceeding by you related in any way to
the Website and/or the Company Services (including your visit to or
use of the Website and/or the Company Services) be instituted more
than two (2) years after the cause of action arose. You will be
liable for any attorneys' fees and costs if we have to take any
legal action to enforce this Agreement. CORRECTIONS Occasionally
there may be information on the Website that contains typographical
errors, inaccuracies or omissions that may relate to service
descriptions, pricing, availability, and various other information.
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Company reserves the right to correct any errors,
inaccuracies or omissions and to change or update the information at
any time, without prior notice. DISCLAIMERS Company cannot control
the nature of all of the content available on the Website. By
operating the Website, Company does not represent or imply that
Company endorses any blogs, contributions or other content available
on or linked to by the Website, including without limitation content
hosted on third party websites or provided by third party
applications, or that Company believes contributions, blogs or other
content to be accurate, useful or non-harmful. We do not control and
are not responsible for unlawful or otherwise objectionable content
you may encounter on the Website or in connection with any
contributions. The Company is not responsible for the conduct,
whether online or offline, of any user of the Website or Company
Services. YOU AGREE THAT YOUR USE OF THE WEBSITE AND COMPANY
SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED
BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
WEBSITE AND THE COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES
NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS
OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO
THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR
FROM THE WEBSITE OR COMPANY SERVICES, (E) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN
ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED,
OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. COMPANY DOES NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH
THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR
OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY
BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE. LIMITATIONS OF LIABILITY IN NO EVENT SHALL COMPANY OR
ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST
REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE
WEBSITE OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH
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DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, COMPANY'S 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 COMPANY FOR
THE COMPANY SERVICES DURING THE PERIOD OF THREE (3) MONTHS
PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO
NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY
NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF YOU
ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE
SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND
TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS
SETTLEMENT WITH THE DEBTOR." INDEMNITY You agree to defend,
indemnify and hold Company, its subsidiaries, and
affiliates, and their respective officers, agents, partners
and employees, harmless from and against, any loss, damage,
liability, claim, or demand, including reasonable attorneys'
fees and expenses, made by any third party due to or arising
out of your contributed content, use of the Company
Services, and/or arising from a breach of this Agreement
and/or any breach of your representations and warranties set
forth above. Notwithstanding the foregoing, Company reserves
the right, at your expense, to assume the exclusive defense
and control of any matter for which you are required to
indemnify Company, and you agree to cooperate, at your
expense, with Company's defense of such claims. Company will
use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this
indemnification upon becoming aware of it. NOTICES Except as
explicitly stated otherwise, any notices given to Company
shall be given by email to the address listed in the contact
information below. Any notices given to you shall be given
to the email address you provided during the registration
process, or such other address as each party may specify.
Notice shall be deemed to be given twenty-four (24) hours
after the email is sent, unless the sending party is
notified that the email address is invalid. We may also
choose to send notices by regular mail. USER DATA Our
Website will maintain certain data that you transfer to the
Website for the purpose of the performance of the Company
Services, as well as data relating to your use of the
Company Services. Although we perform regular routine
backups of data, you are primarily responsible for all data
that you have transferred or that relates to any activity
you have undertaken using the Company Services. You agree
that Company shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right
of action against Company arising from any such loss or
corruption of such data. ELECTRONIC CONTRACTING
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Your use of the Company Services includes the ability to
enter into agreements and/or to make transactions
electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC
SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND
BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR
AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS
APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU
ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING
NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND
APPLICATIONS. In order to access and retain your electronic
records, you may be required to have certain hardware and
software, which are your sole responsibility. MISCELLANEOUS
This Agreement constitutes the entire agreement between you
and Company regarding the use of the Company Services. The
failure of Company to exercise or enforce any right or
provision of this Agreement shall not operate as a waiver of
such right or provision. The section titles in this
Agreement are for convenience only and have no legal or
contractual effect. This Agreement operates to the fullest
extent permissible by law. This Agreement and your account
may not be assigned by you without our express written
consent. Company may assign any or all of its rights and
obligations to others at any time. Company shall not be
responsible or liable for any loss, damage, delay or failure
to act caused by any cause beyond Company's reasonable
control. If any provision or part of a provision of this
Agreement is unlawful, void or unenforceable, that provision
or part of the provision is deemed severable from this
Agreement and does not affect the validity and
enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency
relationship created between you and Company as a result of
this Agreement or use of the Website and Company Services.
Upon Company's request, you will furnish Company any
documentation, substantiation or releases necessary to
verify your compliance with this Agreement. You agree that
this Agreement will not be construed against Company by
virtue of having drafted them. You hereby waive any and all
defenses you may have based on the electronic form of this
Agreement and the lack of signing by the parties hereto to
execute this Agreement. CONTACT US In order to resolve a
complaint regarding the Company Services or to receive
further information regarding use of the Company Services,
please contact Company as set forth below or, if any
complaint with us is not satisfactorily resolved, and you
are a California resident, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the
Department of Consumer Affairs in writing at 400 "R" Street,
Sacramento, California 95814 or by telephone at
1-916-445-1254. TRITIUM, Inc. 20 N Upper Wacker Drive
Chicago, IL 60606 Email: support@arktykgaming.com Phone:
(224) 240-3814
Terms of Use (Rev.
133A18A) 10 / 10
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GENERAL INSTRUCTIONS WHAT IS A TERMS OF USE AGREEMENT? A
Terms of Use Agreement is a written set of rules and
regulations between two parties, the User and the Company,
that the User must agree to follow in order to use the
Company's website and services. WHEN IS A TERMS OF USE
AGREEMENT NEEDED? While Terms and Conditions are not
required by law, any website, especially e-commerce or
social networking websites or applications and any website
or internet service provider that stores a User's personal
data, should consider having Terms and Conditions. A written
set of Terms and Conditions protects the Company and acts an
instruction manual for its website. It allows the Company to
explain things related to its service or product, including,
among other things: ●
how purchases, payment, and returns are handled
● ownership and use of content and
intellectual property ●
how Users must conduct themselves, including any prohibited
behavior ●
limitations on liability and disclaimers
● the Company's privacy policy WHO
NEEDS A TERMS OF USE AGREEMENT? Almost every website or
application that provides a service or product has a Terms
of Use Agreement. Here are some examples of websites and
apps that use a Terms of Use Agreement:
● E-Commerce Company - Ebay,
Amazon, Target, Gap ●
Social Media Website or Application - Facebook, Instagram,
Twitter, Snapchat ●
Search Engine - Google, Yahoo, Bing
● Website or Application Providing
a Service or Product - YouTube, Apple, Uber
● Gaming Website or Application -
Playstation, Pokemon Go, Candy Crush WHAT SHOULD BE INCLUDED
IN A TEMS OF USE? A simple Terms of Service should generally
have at least the following:
● Who is the
Company providing the service or product
● What is
the service or product provided by the Company
●
Where is the Company's website
● When will the agreement
terminate
● Why might
the User not be granted access to the website
● How does
the User agree to accept the Terms of Service The Company
can tailor the rules and regulations, or "terms of use",
according to the service or product it provides and its
specific needs. The Terms of Use Agreement can be posted on
the Company's website either as a browsewrap agreement or a
clickwrap agreement. OTHER NAMES As a reference, a Terms of
Use Agreement is known by other names:
● Terms of
Service Agreement ●
Terms and Conditions
● User
Agreement
● Statement
of Rights and Responsibilities
● Disclaimer●
TOU
● ToS
● TOS
● TOC
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