Terms of Service
THESE TERMS OF USE, AS MODIFIED FROM TIME TO TIME, SPECIFY THE TERMS AND CONDITIONS FOR ACCESS TO AND USE OF THE GAMETANIUM™ MOBILE ANDROID EDITION SERVICE FOR ANDROID™OPERATED MOBILE PHONES (THE "SERVICE"), OPERATED BY EXENT TECHNOLOGIES INC. ("EXENT"), ANY CONTENT PROVIDED BY EXENT OR ITS THIRD PARTY LICENSORS OR SUPPLIERS AND ACCESSIBLE THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION DIGITAL GAMES, IMAGES, PHOTOGRAPHS, ANIMATIONS, VIDEO, AUDIO, MUSIC AND TEXT IN ANY FORMAT AND INCLUDING ANY DOCUMENTATION AND ASSOCIATED MATERIALS IN CONNECTION THEREWITH (COLLECTIVELY "CONTENT"), AND THE GAMETANIUM™ APPLICATION, WHICH ENABLES ACCESS TO AND USE OF THE SERVICE AND THE CONTENT (THE "APPLICATION" OR "SERVICE APPLICATION").
THESE TERMS OF USE, AS MAY BE AMENDED FROM TIME TO TIME (WITH OR WITHOUT NOTICE TO YOU), ARE IMPORTANT - BEFORE DOWNLOADING, INSTALLING AND/OR USING THE SERVICE, THE APPLICATION AND/OR ANY CONTENT, PLEASE CAREFULLY READ ALL OF THE PROVISIONS SET FORTH HEREIN, AND LATER CHECK THEM PERIODICALLY. REVISIONS OF THESE TERMS OF USE WILL BE POSTED ON THE WEBSITE OF THE SERVICE, WHICH IS LOCATED HERE (THE "SERVICE WEBSITE") AND SHALL BE EFFECTIVE ON THE DATE NOTED IN THE POSTING. YOU ARE REQUESTED TO VISIT THE SERVICE WEBSITE PERIODICALLY TO REVIEW ANY SUCH REVISIONS. YOUR CONTINUED USE OF THE SERVICE AFTER REVISIONS ARE EFFECTIVE, SHALL CONSTITUTE YOUR ACCEPTANCE AND AGREEMENT TO ABIDE BY THEM.
THESE TERMS OF USE ARE A LEGAL AGREEMENT BETWEEN YOU ("YOU", "YOUR", "USER") AND EXENT. BY CLICKING ON THE BUTTON LABELED "SUBMIT", "DOWNLOAD", "I ACCEPT", "I AGREE", "OPEN", "SAVE" OR ANY OTHER SIMILAR LABELING AS MAY BE DESIGNATED BY EXENT, AND/OR BY DOWNLOADING, INSTALLING AND/OR USING THE SERVICE, THE APPLICATION AND/OR ANY CONTENT, YOU ACKNOWLEDGE, AND UNEQUIVOCALLY AGREE AND UNDERTAKE, WITHOUT LIMITATION, TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, AS AMENDED FROM TIME TO TIME, WHICH ARE DEEMED TO INCLUDE ALL OF SUCH OTHER ADDITIONAL OR ALTERNATIVE TERMS, CONDITIONS, RULES AND POLICIES WHICH ARE DISPLAYED IN, OR TO WHICH YOU MAY BE DIRECTED FROM, THE SERVICE, THE APPLICATION AND/OR ANY SOFTWARE, AS MAY BE MODIFIED BY EXENT OR BY THE RELEVANT SERVICE PROVIDER FROM TIME TO TIME. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, DO NOT DOWNLOAD, INSTALL AND/OR USE THE SERVICE, THE APPLICATION AND/OR ANY CONTENT, AND PLEASE CLICK ON THE BUTTON LABELED "I DO NOT AGREE" OR ANY OTHER SIMILAR LABELING.
- DESCRIPTION AND NATURE OF THE SERVICE
The Service is a games on-demand on mobile phones service which enables You, subject to these Terms of Use, after You download and install the Application on Your Device (as defined hereinafter), to access and use Content, which comprises mainly of digital games provided by Exent's third party licensors (each a "Game", and collectively the "Games" or "Games Catalogue"). Exent shall have no obligation to maintain any Content in the Service.
Your use of the Application is subject to the End User License Agreement between You and Exent, applicable to the Application, which can be found here ("Application EULA"). For removal of doubt it is clarified that the Application EULA is an integral part of these Terms of Use, and that by accepting these Terms of Use You also agree to be bound by the terms and conditions of the Application EULA.
The Service may be accessed and used only through certain mobile phones operated by the Android™ operating system, a current list of which can be found here (each such phone a "Device"). It is recommended that You do not install the Application or subscribe to the Service before verifying that Your mobile phone device is indicated on said list.
Once the Application is installed on Your Device, You can download a Game to the Device to play it throughout the Service subscription period.
In order to play a Game through the Service You must first download the Game to Your Device. Games cannot be played online.
It is Your responsibility to ensure that You have the appropriate mobile phone device and applicable software, hardware and Internet connection to operate and accommodate the Service, the Application and the Content (including any upgraded version thereof). Exent reserves the right to cease supporting any hardware or software platform at any time, with or without notice.
To download the Application, any Game and/or any other Content, You have to be connected to the Internet. You acknowledge that Exent is not and will not be responsible for any charges incurred with relation to connection to, and use of, the Internet.
Your continued use of the Service requires that You occasionally connect to the Internet from the Device in which You installed the Application in accordance with these Terms of Use, for the purpose of verifying and authenticating the validity of Your license to use the Service. A notice to that effect may appear on Your Device when trying to access and/or use the Service and/or Content, and in such case Your access to and use of the Service and the Content will be suspended until such connection is achieved and Your license is successfully authenticated.
You acknowledge that Exent may, from time to time, issue upgraded versions of the Service, Application and Content, and may automatically electronically upgrade the version of the Service and/or the Application that You are using with relation to Your subscription, with or without notice to You. These Terms of Use will govern all such upgraded versions.
You acknowledge that Exent may, from time to time, modify in any way any of the components and/or aspects of the Service, for any reason or for no reason at all, per Exent's sole discretion, with or without notice to You, and that Exent shall not be liable in any way for any loss or damage incurred with relation to such modification. These Terms of Use will govern all such modified versions of the components and/or aspects of the Service.
You acknowledge that the list of Games in the Games Catalogue may, from time to time, be modified (whether increased or decreased), with or without notice to You.
Please note that the Service may be unavailable in certain areas (either completely or may function at speeds which do not allow proper use thereof). The availability and speed of the Service will vary based on, among other factors, network or Internet congestion, Your Device configuration and other factors beyond Exent's control.
PRIVACY
For information on how information related to You and to Your account to the Service is collected and used by Exent in relation to the Service, please see our Privacy Policy located here (the "Privacy Policy").
LICENSE
In consideration of Your continuous compliance with these Terms of Use, and subject to Your timely payment of Subscription Fees, Exent grants You a personal, non-transferable and non-exclusive license to access the Service, download and install the Application and Content, and use the object code version of the Application and any Content You download unto Your Device, all in accordance with these Terms of Use. Under a single subscription to the Service You may download and install the Application and Content and use them on no more than three (3) different Devices, provided such Devices are at all times owned and controlled by You.
REGISTRATION AND ACCOUNTS
You warrant that You are eighteen (18) years of age or older and that You have the legal authority to enter into this Agreement.
You are responsible for all use of the Service under and in relation to Your account, whether by You or anyone using Your account with or without Your permission, and to pay for all activity associated with Your account.
The Service and any Content are provided to individuals for personal use only. Any commercial use of the Service and/or any Content (including also activities, whether commercial or non-commercial, that constitute such use), such as (but not limited to) resale of the Service and/or Content, is expressly prohibited.
You must have a valid Paypal™ account to subscribe to the Service. You must maintain this account throughout Your subscription to the Service. Note that any use of services provided by Paypal™, including a Paypal™ account, is subject to the terms, conditions and policies of Paypal™, as amended from time to time.
Any and all information provided by You with relation to the registration process required to subscribe to the Service, must be accurate, complete and current. You must immediately update such information in the event that it is changed at any time during the subscription period.
You shall be responsible for maintaining the confidentiality of any passwords and/or other account identifiers which You choose, or which are assigned, with relation to Your subscription to the Service, and for restricting access to the Device unto which You installed the Application and/or Content.
In order to provide You easy access to Your account for the Service, Exent shall place a "cookie" (a small text file) on any device from which You access the Service. When You re-enter the Service, this "cookie" will enable Exent and/or other relevant third party service providers to recognize You as the account holder and provide You with direct access to Your account without requiring You to retype any password or other user identification.
Exent shall also store (securely) Your login credentials for the Service and/or the Application, to periodically perform automatic license and account validation.
RESTRICTIONS ON USE
You may not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code contained in or in any way related to the Service, the Application or any Content, nor sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service, the Application or any Content.
You may not modify the Service, the Application, any Content and/or any component or software related thereto in any manner or form, nor use modified versions thereof, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You may not access the Service, the Application or any Content by any means other than as authorized in these Terms of Use.
You may not request and/or allow any third party to perform anything with relation to the Service, the Application and/or any Content, which is prohibited under these Terms of Use.
With relation to Your subscription to the Service, to Your use thereof and to Your engagement with Exent and with third party service providers pursuant to these Terms of Use, You shall comply with all the provisions contained in these Terms of Use (which include any relevant third party's applicable terms and conditions) and with any and all applicable laws.
You acknowledge that Your full and strict compliance with all of the terms and conditions contained in these Terms of Use (which include any relevant third party's applicable terms and conditions) is material and fundamental, and that Exent's consent to allow You to subscribe to, and to use, the Service, the Application and any Content, is in full reliance on Your firm commitment to fully and strictly comply with all of said terms and conditions (which consent would not be provided had such commitment on Your behalf not been made).
You shall at all times exclusively be responsible for any and all acts and/or omissions that occur under Your subscription account, including (without limitation) for unauthorized use of the Service, Application and/or Content, and You acknowledge that in no event shall Exent be liable in any way for any loss and/or damage incurred as a result of, or in connection with, any act and/or omission that occurs under Your subscription account. You must notify Exent immediately if You become aware of unauthorized use of the Service, Application and/any or Content under Your subscription account.
With relation to the access granted to You to the Service and any component thereof, and/or to Your use thereof, You shall not perform, whether directly or indirectly, any of the following:
- post, publish, transmit, link to, or otherwise distribute:
- any information constituting, or encouraging conduct that would constitute, a criminal offense or civil liability;
- any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
- any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component;
- any information, software or other material obtained through the Service, or any derivative work thereof, which is protected by copyright, or any other intellectual property right - without obtaining permission of the copyright owner or right holder;
- use the Service in a manner which is contrary to law or which may restrict or inhibit any other user from using or enjoying the Service;
- defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of any other, including (without limitation) rights relating to privacy and/or publicity;
- impersonate, or falsely represent Your association with, any person, including (without limitation) any representative of Exent or relevant third party service provider;
- use, reproduce, sell, resell or otherwise exploit the Service for any commercial purpose.
- THIRD PARTY APPLICATIONS
With relation to the Service, Exent may grant You rights to use Games, other Content and/or other software, components and applications that are owned by Exent's third party licensors, providers and suppliers ("Third Party Application"). Exent is not, and shall under no circumstance be, liable for the content and/or performance of any Third Party Application.
You may use any and all Third Party Applications only in connection with the Service and for no other purpose.
Exent reserves the right periodically to update, upgrade or change any Third Party Application remotely or otherwise and, for such purpose, to make related changes to the settings and software on Your Device, and You are required to permit such changes and access to Your Device.
Certain Third Party Applications are accompanied by, and subject to, the end user license agreement of their manufacturer and/or publisher, which can be found here (each a "Third Party EULA"). Your use of any such Third Party Application is governed by the terms of the relevant Third Party EULA, in addition to being governed by these Terms of Use. By downloading, installing and/or using a Third Party Application, You acknowledge, and unequivocally agree and undertake, without limitation, to be bound by not only the terms and conditions contained in these Terms of Use but also those contained in the relevant Third Party EULA, as amended from time to time. For a Third Party Application not accompanied by a Third Party EULA, You are hereby granted a revocable, non-exclusive, non-transferable license by Exent or its applicable third party licensor to use the Third Party Application in accordance with and subject to these Terms of Use.
Any Third Party Application and any part thereof, is the proprietary product of Exent or its licensors and is protected by copyright laws and international copyright treaties, as well as other U.S. and international laws. You shall not (and shall not permit any third party) to: (a) copy all or any portion of the Third Party Application; (b) remove any product identification, copyright, trademark or other proprietary notice or disclaimer from the Third Party Application; (c) disclose, distribute or otherwise make available the Third Party Application to any other party; (d) rent, lease, loan, sublicense, sell, assign or otherwise transfer the Third Party Application; (e) use a previous version or copy of the Third Party Application after You have received an upgraded version as a replacement of the prior version; (f) modify, adapt, translate or attempt to hack any communication initiated by the Third Party Application or to defeat or overcome any encryption and/or other technical protection methods implemented by Exent or its third party licensors with respect to the Third Party Application and/or any data or file transmitted, processed or stored on or through the Third Party Application; (g) reverse engineer, de-compile, disassemble, alter, duplicate, modify, make copies of, create derivative works from, distribute or provide others with, the Third Party Application in whole or part, or otherwise transmit the Third Party Application over a network; (h) through the use of any third party software application or otherwise, alter or modify the values stored by the Third Party Application in Your Device's memory, on Your Device's hard disk, or in Your Device's registry, or, with the exception of completely uninstalling the Third Party Application, otherwise modify, alter or block the functioning of the Third Party Application, (i) use automated means, including scripts, batch files, emulators or any other means, to control the operation of the Third Party Application.
You are not granted any title or rights of ownership in the Third Party Application. You acknowledge that Exent or its third party licensors continue to own all right, title and interest, including, but not limited to, all copyright, patent, trademark, trade secret, and moral rights, to the Third Party Application and related documentation, as well as any corrections, updates and upgrades to it.
Your license to use the Third Party Application will remain in effect until terminated by Exent or its third party licensors, or until Your Service account is terminated. Upon termination of Your Service account, You must cease all use of, and immediately delete, the Third Party Application from Your Device.
- PRICING, BILLING AND PAYMENT
In consideration for the rights to access the Service and download and play Games and/or other Content, You agree to pay Exent the required monthly subscription fee (the "Subscription Fee").
Exent reserves the right to increase the amount of the Subscription Fee from time to time by posting a notice to such effect on the Service Website. Please periodically review the Service Website to ensure You read such notices. Any such change shall be effective thirty (30) days after such change was posted. You will not be charged for downloading of the Application.
Billing and payment to Exent of the Subscription Fee shall be made only through PayPal™, so You must have a valid PayPal™ account throughout Your Service subscription period.
Download under Your subscription account, of any Games and/or other Content, constitutes Your commitment to pay Exent the Subscription Fee, including any applicable taxes, in accordance with the billing terms that are in effect at the time the charge becomes payable.
The Subscription Fee shall be charged automatically upon initiation of each new service month, unless You terminate Your account for the Service prior to completion of the then current service month (in which event the Subscription Fee will not be charged for any period thereafter). You acknowledge that the Subscription Fee has to be paid in full and will not be reduced (even if Your subscription to the Service was terminated prior to completion of the relevant service month).
The Subscription Fee shall be charged with respect to each service month at the then-current rate.
You may terminate Your account for the Service by terminating Your applicable PayPal™ account or performing any other measure as instructed for such purpose by PayPal™.
When You first download the Application, Exent may, per its sole discretion, grant You rights to access and use the Service and download Content for free for a trial period, if and to the extent specified in the Service Website. Only one free trial may be redeemed per individual holding an account for the Service. Should You wish to continue using the Service after completion of the trial period (to the extent relevant), You shall be required to pay the Subscription Fee.
Exent may discontinue Your subscription to the Service without notice if Subscription Fees on Your charge card are refused for any reason, or if You fail to make payment when due.
If any portion of Your bill is not paid by the due date, Exent may terminate or suspend Your subscription to the Service without notice. If Exent uses a collection agency or legal action to recover monies due, You shall reimburse Exent for all expenses it incurs to recover such monies, including (without limitation) attorneys' fees.
Exent is not responsible for any Internet connection or usage charges.
- NOTICES AND COMMUNICATIONS
Exent may deliver any required or desired notice to You by posting it on the Service Website or on any other website about which You have been notified, or by sending it to You via e-mail to the address You provided in Your subscription to the Service and/or via SMS to the mobile telephone number You provided in Your subscription to the Service, and any one of the foregoing delivery methods will constitute sufficient notice. Because Exent may from time to time notify You about important information regarding the Service by any of the aforesaid methods, You shall regularly check Your e-mail, SMS and the postings on the Service Website and on any other website about which You have been notified, and You shall exclusively bear the risk of failing to do so.
With respect to customer support communications, Exent may, from time to time, contact You by e-mail, SMS and/or telephone. As long as You are subscribed to the Service, You shall not be able to choose to unsubscribe from customer support communications, as they are considered an essential part of the Service.
Exent may, from time to time, send newsletters to You via e-mail and/or notify You thereof via SMS. You can choose to unsubscribe from such communications of newsletters by following the unsubscribe directions posted within the applicable e-mail or SMS. From time to time, You may also be given the opportunity to receive communications Exent believes may be of interest to You on an opt-in basis.
- MONITORING
You acknowledge that Exent has no obligation to monitor the Service, the Games or any other Content. You understand that by using the Service, You may have access to Content that may be offensive or objectionable to You. Under no circumstance shall Exent be liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any exposure to, or use of, any such Content.
Exent has the right to monitor the Service and/or any component contained therein or related thereto, electronically, from time to time, and to disclose any information, as necessary to comply with any law, regulation or other governmental request, to operate the Service properly or to protect itself or its users in accordance with Exent's Privacy Policy. Exent is entitled at any time to refuse to post or to remove any information or material, in whole or in part, that Exent determines, in its sole discretion, to be unacceptable, undesirable or in violation of any of the terms and conditions in these Terms of Use.
- USER DATA
With respect to any and all information and data posted under Your account unto the Service ("Your Data"), which is accessible by the general public (for example in public forums), You grant Exent a world-wide, royalty-free, non-exclusive and un-restricted license to use, copy, adapt, transmit, publicly display and perform, distribute and create compilations and derivative works from, and/or destroy or dispose of, Your Data. Such license shall apply with respect to any form, media or technology now known or later developed. You hereby waive any moral rights that may exist in connection with Your Data. You acknowledge that Exent may preserve and disclose any of Your Data where required to do so by law or where such preservation or disclosure is reasonably believed by Exent to be necessary to ensure compliance with the law, enforce these Terms of Use or protect the rights and interests of Exent or of any third party. For additional information regarding disclosure of Your Data, please review the Privacy Policy.
You agree to indemnify and hold Exent, its affiliates, suppliers, co-branders and other partners, directors, officers, employees and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of, content You submit, post, transmit or make available through the Service, Your use of the Service, Your connection to the Service, Your violation of these Terms of Use, or Your violation of any rights of another.
- ADVERTISING
You agree that Exent has the right to display advertisements and promotions on the Service and in or "around" the Application or any Content while You access or play it. By accepting these Terms of Use, You agree that Exent has the right to run such advertisements and promotions without compensation to You. The timing, frequency, placement and extent of advertising by Exent are subject to change and shall be determined by Exent at its sole discretion. The frequency of these advertisements (which will pop up on Your Device's screen) will vary. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Application or Content, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser and Exent does not and shall not have any liability or responsibility in connection therewith. You agree that Exent is not and shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Application or Content. You agree, so long as You have not entirely deleted the Application or Content from Your Device, not to take any action, including downloading other software, to disable or block the display of advertising by the Application and/or the Content.
After You install the Application and/or any Content, advertisements may be served according to predefined viewing requirements and frequency caps. From time to time, the Application will connect to other, external servers in order to report aggregated performance records such as the advertisements that were displayed, the impressions received, and which, if any, were clicked on. These are the same kind of performance parameters that are tracked by any online advertiser, including banners displayed on a website. The Application does not report any personally identifiable information. You agree and acknowledge that the Application may target advertisements based on non-personally identifiable information (e.g., geographical location). You acknowledge that the Application may collect the non-personally identifiable information pieces, including for research, royalty and targeting purposes. In connection with Your use of the Application and/or any Content, You acknowledge that Exent may collect data regarding the advertisements displayed in or "around" the Application and such Content, the measure of Your exposure to them, Your reaction towards the appearance of such advertisements and any other related information and may use any such information.
- TERMINATION
You acknowledge that Exent may, in its sole discretion, with or without notice to You, suspend or terminate Your account or Your use of, or access to, the Service, and remove and discard any of Your Data, for any reason, including (without limitation) if Exent believes that You have violated any of the terms and conditions contained in these Terms of Use. You acknowledge that Exent shall not be liable for any loss or damage incurred as a result of, or in connection with, such suspension or termination.
If You are dissatisfied with the Service or with any of the terms and conditions contained in these Terms of Use, Your sole and exclusive remedy is to terminate Your subscription to the Service in accordance with the provisions hereof. Any amounts already paid for the Service are non-refundable.
All representations, warranties, limitations of liability and indemnification obligations contained in these Terms of Use shall survive termination of the Service and Your engagement with Exent with relation to it, as well as any other obligations hereunder which, by their terms, would be expected to survive such termination or which relate to the period prior to termination.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND UNDERSTAND THAT, TO THE EXTENT ALLOWABLE BY LAW, (A) THE SERVICE (INCLUDING ANY AND ALL COMPONENTS AND PRODUCTS THEREIN OR RELATED THERETO, SUCH AS, BUT NOT LIMITED TO, THE APPLICATION AND ANY CONTENT) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT EXENT MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (AS USED IN THIS SECTION "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ACCURACY OF INFORMATION, SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) EXENT SPECIFICALLY MAKES NO WARRANTIES THAT THE SERVICE, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE SERVICE, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT THE SERVICE OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOU FURTHER EXPRESSLY ACKNOWLEDGE AND UNDERSTAND THAT YOUR USE OF THE SERVICE (INCLUDING ANY AND ALL COMPONENTS AND PRODUCTS THEREIN OR RELATED THERETO, SUCH AS, BUT NOT LIMITED TO, THE APPLICATION AND ANY CONTENT) IS AND SHALL REMAIN AT YOUR SOLE RISK.
- LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND UNDERSTAND THAT TO THE EXTENT ALLOWABLE BY LAW, IN NO EVENT SHALL EXENT AND/OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR REPRESENTATIVES, INCLUDING ITS AFFILIATES, BE LIABLE, IN ANY WAY WHATSOEVER, FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER EXENT HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF THE SERVICE (INCLUDING ANY AND ALL COMPONENTS AND PRODUCTS THEREIN OR RELATED THERETO, SUCH AS, BUT NOT LIMITED TO, THE APPLICATION AND ANY CONTENT), OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION OF ANY OF YOUR DATA OR TRANSMISSIONS OR YOUR ACCOUNT RELATED TO THE SERVICE, OR (C) ANY OTHER MATTER RELATING TO THE SERVICE (INCLUDING ANY AND ALL COMPONENTS AND PRODUCTS THEREIN OR RELATED THERETO, SUCH AS, BUT NOT LIMITED TO, THE APPLICATION AND ANY CONTENT), REGARDLESS OR WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.
- INDEMNITY
You shall defend and indemnify Exent, its affiliates, suppliers, co-branders and other partners, and their directors, officers, employees and agents against, and hold them harmless from, any and all liabilities, claims, costs and expenses, including reasonable attorneys' fees, related to, or in connection with, use of the Service, the Application, Third Party Applications and/or any Content through Your account, whether by You or by another, whether or not authorized by You, that is in violation of any provision contained in these Terms of Use and/or of any applicable law.
- RESERVATION OF RIGHTS
Except as expressly provided, nothing herein or within the Service, the Application and/or any Content shall be construed as conferring any license under any of Exent's or any third party's intellectual property rights, whether by implication, waiver or otherwise. Without limiting the generality of the foregoing, You acknowledge that certain Content available through and/or used to operate the Service or the Application is protected by copyright, trademark, patent, or other proprietary rights of Exent, its affiliates, licensors and/or third party service providers, and You undertake not to perform any of the following and not to request or allow any third party to perform any of the following: (a) remove any copyright, trademark or other proprietary notice or disclaimer from the Service, the Application and/or any Content; (b) make use of intellectual property related to the Service, the Application and/or any Content for any purpose other than the purpose for which such intellectual property is made available to users of the Service; (c) modify, copy, adapt, distribute, translate or create derivative works, of any kind whatsoever, of any software, applications or programs used in connection with the Service, the Application and/or any Content; or (f) reverse engineer, de-compile, disassemble or otherwise attempt to derive the source code of any of the software, applications or programs used in connection with the Service, the Application and/or any Content.
Without limiting the generality of the foregoing, You acknowledge that the rights granted to You in these Terms of Use are expressly made subject to full and strict compliance by You with any and all of the provisions of these Terms of Use (which are deemed to include all of such other additional or alternative terms, conditions, rules and policies which are displayed in, or to which You may be directed from, the Service, the Application and/or any Content, as may be modified by Exent or by the relevant service provider from time to time).
Any copying, republication or redistribution of the Application or any Content, including, but not limited to, by caching, framing or similar means, is expressly prohibited without the prior written consent of the copyright owner and Exent.
- TRADEMARKS
GametaniumTM is a trademark of Exent. All product, brand and company names and logos used on and/or in the Service, the Application and/or any Content ("Marks") are the trademarks or registered trademarks of their respective owners. Any use of any of the Marks without the express written consent of Exent or the owner of the relevant Mark, as appropriate, is strictly prohibited.
- MISCELLANEOUS
These Terms of Use constitute the entire agreement between Exent and You pertaining to Your use of the Service (including any and all components and products therein or related thereto, such as, but not limited to, the Application and any Content) and supersede any prior agreements between You and Exent pertaining thereto. Exent's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute or be construed as a waiver of any right or provision. If any provision (or part thereof) contained in these Terms of Use is determined by a court of competent jurisdiction to be void, invalid or otherwise unenforceable, such determination shall not affect the remaining provisions (or parts thereof) contained herein. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, USA and the federal laws of the United States of America applicable therein. Any action in connection with the Service shall be brought exclusively to the competent courts of the State of New York, USA, which shall have sole and exclusive jurisdiction over any dispute arising in connection with the Service, and You irrevocably agree to the jurisdiction of such courts. Exent shall not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes, work slow-downs or other labor-related activity, or an inability to obtain necessary equipment or services. You may not assign or otherwise transfer this Agreement, or Your rights or obligations under it, in whole or in part, to any other person. Any attempt to do so shall be void. Exent may freely assign all or any part of this Agreement with or without notice and You shall continue to make all subsequent payments as directed. Except as otherwise required by law, including New York laws relating to consumer transactions, any cause of action or claim You may have with respect to the Service, the Application, the Content or anything else related to, arising from or associated with these Terms of Use, must be commenced within one (1) year after the claim or cause of action arises otherwise such claim or cause of action shall be automatically barred.
- CONTACTING EXENT
For any inquiries in connection with these Terms of Use, You may contact Exent via e-mail to our online customer support, details of which are provided here.
