By submitting your DoubleU Games Associates Program (“DoubleU Games Associates Program”, or “Program”) application and participating in the Program using for any platform or device, you agree to this Terms of Service and Privacy Policy. Certain features of this application may require you to provide personal information, including but not limited to name and email address. All information collected will be used in accordance with our Privacy Policy.
These Terms of Service (“Terms”) are a legal agreement between you (“You”) and us. By accessing and using any games and related services, which include applications for mobile devices and DoubleUGames-branded web sites (collectively, the “Services”) which are made available by us, you signify that you have read, understand and agree to be bound by the terms and conditions set forth below (the “Terms”), whether or not you are a registered member of any of our games. If you do not agree to these Terms, do not use the Service.
You agree that we may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to you and without liability.
If you violate the Terms, we reserve the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Service. You agree that we don't need to provide you notice before terminating or suspending your account(s), but we may provide such notice in our sole discretion.
PLEASE NOTE THAT THESE TERMS INCLUDE A MANDATORY ARBITRATION PROVISION WHICH REQUIRES THAT ANY PAST, PENDING, OR FUTURE DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS.
IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION ON A RETROACTIVE BASIS, YOU MAY OPT OUT OF THE ARBITRATION PROVISION WITHIN THIRTY (30) DAYS BY FOLLOWING THE INSTRUCTIONS PROVIDED AT THE END OF THE SECTION TITLED "BINDING ARBITRATION AND CLASS WAIVER."
1. License to Use the Services
Subject to your agreement and compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to use the Service. Use of the Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. You hereby acknowledge that your license to use the Service is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your license to use the Service shall immediately terminate, and you shall immediately refrain from using the Service. If the Service or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Service, and must refrain from using the Service.
Subject to your agreement and compliance with these Terms, you may use the Services solely for your own non-commercial entertainment purposes by accessing it through your web browser or other application provided by us or its service providers and partners. You may not use the Services for any other purpose. This license is subject to certain limitations. Any use of the Services in violation of these limitations will be considered a breach of this Agreement, and may result in disciplinary or legal action against you or your account. You agree that you will not:
Cheat or use, develop or distribute automation software programs (“bots”), “macro” software programs or other “cheat utility” software program or applications which are designed to modify the game experience to the detriment of fair play;
Disrupt, attempt to, or otherwise assist in the disruption of (i) any computer used to support the Services or (ii) any other player’s experience; Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users’ computers;
Upload or post images that contain any type of pornography.
2. Code of Conduct
You represent and warrant that you have full right and authority to use the Services and to be bound by these Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein. You undertake that you shall not defraud, or attempt to defraud us or other users, and that you shall not act in bad faith in your use of the Service. If we determine that you do act in bad faith in violation of these Terms, or if we determine that your actions fall outside of reasonable community standards, we may, at our sole discretion, terminate your account and prohibit you from using the Service. Your use of the Services is governed by certain rules (the “Code of Conduct”), which are maintained and enforced by us and must be adhered to by all users at all times when using or accessing the Services. It is your responsibility to know, understand and abide by this Code of Conduct. By accessing and using the Services, you agree that you will not: Create false personas, multiple identities, multiple user accounts, set up an account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate these Terms of Service and/or the terms of service of any third-party applications or social networks through which the Service is accessed; Attempt to obtain passwords or other private information from other members including personally identifiable information (whether in text, image or video form), identification documents, or financial information; Improperly use support channels or complaint buttons to make false reports to us; Develop, distribute, use, or publicly inform other members of "auto" software programs, "macro" software programs or other "cheat utility" software programs or applications; Exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage; Deal with Coins in a manner that violates these Terms, including transferring Coins to parties, or entities, selling or re-selling Virtual Currency or virtual goods or fraudulently obtaining or acquiring Virtual Currency or other products or services; Rent, lease, sell, trade, gift, bequeath or otherwise transfer your account to anyone without our written permission; Access or use an account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the account creator without our written permission; Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms; Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service; Attempt to use the Service on or through any service that is not authorized by us. Any such use is at your own risk and may subject you to additional or different terms. We take no responsibility for your use of the Service through any service that is not authorized by it; Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service; or Interfere with the ability of others to enjoy using the Service, including disrupt, overburden or aid the disruption or overburdening of the Service servers, or take actions that interfere with or materially increase the cost to provide the Service for the enjoyment of all its users. Publish, post, upload, transmit, distribute or disseminate Content that is harmful, abusive, vulgar, harassing, sexually explicit, sexually provocative, pornographic, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity (including distributing another player’s personal information if he or she has not made such information public on the host site (if applicable), hateful, racist, homophobic, bigoted, or otherwise offensive or objectionable; Make any threats or threatening remarks, including (but not limited to) threats directed at minors, threats against another individual or their family, and other such remarks which, in our opinion, are outside the scope or context of the game; Restrict or inhibit any other user from using and enjoying the Services. For example, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, “spamming,” or flooding (continuous posting repetitive text), are all prohibited; Promote, encourage, or otherwise advocate the use of illegal drugs; Violate the terms of any other applicable agreement or terms governing the access or use of the Services (including any end user license, code of conduct or other terms of use/service or guidelines from any web site on which the Services are available); Use, upload, transmit, distribute or otherwise make available any Content, including images or photographs, which are made available through the Services that infringes any copyright, trademark, privacy, publicity or other proprietary right of any party; Collect (in an automated manner or otherwise) personal information about others, or impersonate or create a false identity (such as a celebrity, web site administrator or our representative) for the purpose of misleading others (including attempting to obtain password, account, or other information from a user); Use the Services (including bulletin boards and other communications services) in any manner other than for personal communication as an individual user (i.e. sending surveys, contests, pyramid schemes, chain letters, junk email, spam or any duplicative or unsolicited messages); or Use the Services for fraudulent transactions or for any purpose that violates any applicable local, state, national, or foreign laws, regulations, or treaties. These rules are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be in violation of the Code of Conduct or otherwise outside the spirit of the Services and to take such action including termination of your account and exclusion from further participation in the Services. We reserve the right to modify this Code of Conduct at any time. Violation of code to our staffs may lead to suspension or termination of your account.
3. Enrollment
To begin the enrollment process, you must submit a complete DoubleU Games Associates Program application. We will evaluate your application and will notify you of your acceptance or rejection for participation in the Program. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program for any reason or involved in prohibited activities. If you are accepted into the Program, you will be able to participate in the Program subject to these Terms. Our acceptance criteria are subject to change at any time without prior notice.
4. Program Cooperation
If you are accepted in the Program, you will be given exclusive links related to our games. You may use the exclusive links on your social media platforms, including but not limited to YouTube, Facebook, Twitter, Instagram, Snapchat, Tik Tok and Twitch accounts, to promote our games by live streaming introduction, video introduction, live interaction, posting comments, status release, verbal promotion or otherwise, and attaching exclusive links related to our games thereto, so as to facilitate the general public to register as players of, participate in, and recharge for, the games.
5. Cooperation Requirements
You agree to promote our games with high quality and in a manner compliant with laws and regulations, including maintaining the positive image of your social media platform accounts. You also agree to maintain our goodwill and image in its games, products and services. Even if you are accepted to participate in the Program and your behavior or site is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate these Terms any you may no longer participate in our Program. Behavior and/or a site may be found unsuitable if it falls under any of the following conditions (determined in our sole discretion), including but not limited to behavior or sites which
• Contain or promote materials that could be deemed obscene, pornographic or excessively violent,
• Promote violence or hate towards any persons or groups,
• Promote discrimination based on race, sex, age, religion, nationality, disability or sexual orientation,
• Promote illegal activities or crimes,
• Violate any federal, state or local law (including privacy and spam laws),
• Contain material that is defamatory, fraudulent, or harassing,
• Contain material that is inaccurate, misleading, deceptive, defamatory or negative regarding our games, products or services, including misleading or deceptive statements that players can win real money from our games or that our games involve real money gambling,
• Violate intellectual property rights of us,
• Reverse-engineer, reverse assemble, reverse compile, or otherwise try to find the source codes of the products or games that we develop,
• Use, lease, lend, copy, modify, link to, reprint, compile, post, publish, or set up a mirror site for, the content in the games we develop in and to which we have intellectual property rights,
• Develop through any third-party software, plug-in, cheating program, or system that is neither developed nor authorized by us, or make, release, and disseminate any third-party software, plug-in, cheating program, or system that is neither developed nor authorized by us,
• Violate intellectual property, publicity privacy or other rights of any third parties,
• Are unable to direct a reasonable amount of traffic by way of sales volume and clicks to our games,
• Excessively use pop-ups,
• Require downloads and/or knowingly download software to visitor’s computers,
• Link to or provide a portion of their commission or benefits to sites or other parties that violate any of the above criteria,
• Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, intercept system data or personal information,
• Contain software or use technology that attempts to intercept, divert or redirect traffic to or from any other website, or that potentially enables diversion of commissions from another website;
• Directly or indirectly involved in excessive or willful refund request for our games, products or services;
• Do not comply with the Terms of Service for our games, products or services, or
• Are otherwise considered, in our sole judgment, offensive or inappropriate.
6. Referral Fees
You are only eligible to earn fees on sales or in-app purchases made within our games by new players who accessed our games through exclusive links provided by you (“Referral Fees”). If a player has access to or clicks links sent by you, we will deem the link last clicked by such player before installation of our game as the exclusive link corresponding to the installation of such player.
You will earn Referral Fees based on the standard rate found in our website at: https://associates.doubleugames.com and in accordance with the payment schedule provided therein. Referral Fees will be the fees in effect at the time the player clicks on an exclusive link. The rate and payment schedule may be changed from time-to-time, at our sole discretion.
In the event of a refund from new players who accessed our games through exclusive links provided by you, the refund amount can be deducted from future Referral Fees at our sole discretion.
Reports summarizing Referral Fees will be available to you through our website at: https://associates.doubleugames.com. The form, content and frequency of the reports are limited to those reports and capabilities available through our network and may vary from time to time in our reasonable discretion.
7. Term and Termination
The term of these Terms will begin upon our acceptance of your Program application and will end when terminated by either party. In addition, (i) if you materially breach or violate any terms or conditions of these Terms, (ii) referrals were obtained fraudulently or through misrepresentation, or (iii) in the event that you violate any of the Cooperation Requirements set forth in Section 5 herein, we may immediately terminate these Terms without payment of any Referral Fees owed to you, and with an additional right to recover any direct or indirect losses arising from your actions. All rights to payment, causes of action and any provisions that by their terms are intended to survive termination and shall survive termination of these Terms. Your right to participate in the Program shall terminate upon termination of these Terms.
8. User Account, Age Restrictions, Password, and Security
You may be able to use your user account and/or user ID of the website on which the Services are made available as your user account for that particular Service. If any of the Services require you to open an account directly with us, you must complete the registration process by providing current, complete and accurate information (including, if required, your email address) as prompted by the applicable registration form. YOU MUST BE 13 YEARS OF AGE OR OLDER TO USE THE SERVICES. The Service is intended for use by those 21 or older for amusement purposes only. You represent that you are 13 years old or older. Additionally, if you are between the ages of 13 and 21, you represent that your legal guardian has reviewed and agrees to the Terms. You undertake to monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors and you acknowledge that you are responsible for any use of your credit card or other payment instrument (for example, paypal) by minors. You are responsible for the activities occurring under your account and you will be liable for any losses or damages incurred by us or another party due to someone else using your account. You may not use anyone else’s account at any time. Your account is personal to you and you may not transfer or make available your account to others. Any distribution by you of your account or related information may result in cancellation of your account without refund. We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights. You understand that your user ID number, name and profile picture will be publicly available and that search engines may index your name and profile photo. You agree that you will supply accurate and complete information to us, and that you will update that information promptly after it changes.
9. Privacy
Any Content which you provide (and certain other information about you) is subject to our Privacy Policy, which is incorporated by reference into these Terms of Service. See our Privacy Policy for information and notices concerning our collection and use of your personal information. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and you will not be able to opt out of receiving them. You agree that we collect a series of data regarding your in-game activities, including but not limited to your activity logs, IP addresses, browser info, and so forth. If you don't want us to do so, please let us know through our Help Center( doubleuassociates@doubleugames.com ) and we will stop collecting the data above.
10. Binding Arbitration and Class Waiver
PLEASE READ THESE "BINDING ARBITRATION" AND "CLASS WAIVER" PROVISIONS CAREFULLY, BECAUSE THEY REQUIRE YOU TO ARBITRATE ALL DISPUTES WITH US AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF. WHILE YOU MUST AGREE TO THESE PROVISIONS AS TO ANY AND ALL CLAIMS, THERE IS AN OPTION, DESCRIBED BELOW, TO OPT OUT THE ARBITRATION AND CLASS WAIVER PROVISIONS. THE OPTION TO OPT-OUT IS TIME-LIMITED TO THIRTY (30) DAYS AND REQUIRES YOUR IMMEDIATE ATTENTION
THESE PROVISIONS GENERALLY PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST US. THEY ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY PAST, PENDING, OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST US BY SOMEONE ELSE. ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL
Scope of Arbitration Provision. You and we agree that any past, pending, or future dispute, claim or controversy arising out of or relating to your access to or use of any DoubleU Site (including Services) or to these Terms (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of these Terms) (a "Dispute"), shall be determined by arbitration, except that you and we are NOT required to arbitrate any Dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
Waiver of Class Relief. Whether the dispute is heard in arbitration or in court, you agree that you and we will not commence against the other a class action, class arbitration or other representative action or proceeding. You and we are each waiving respective rights to participate in a class action. By accepting this agreement, you give up your right to participate in any past, pending or future class action or any other consolidated or representative proceeding, including any existing as of the date of you agreed to these terms of use.
Whether to agree to arbitration is an important decision. It is your decision to make and you are not required to rely solely on the information provided in these terms of use. You should take reasonable steps to conduct further research and to consult with counsel (at your expense) regarding the consequences of your decision.
OPTION TO OPT OUT. YOU MAY OPT OUT OF THESE ARBITRATION AND CLASS ACTION PROVISIONS BY FOLLOWING THE INSTRUCTIONS BELOW. IF YOU DO NOT OPT-OUT, THESE TERMS WILL APPLY RETROACTIVELY TO ALL CLAIMS YOU MAY POSSESS, WHETHER ASSERTED TO DATE OR NOT.
PROCEDURE TO OPT OUT OF ARBITRATION. IF YOU DO NOT WISH TO AGREE TO THIS ARBITRATION AND CLASS ACTION WAIVER AGREEMENT, YOU MUST, WITHIN THIRTY (30) DAYS OF ENTERING THIS AGREEMENT, SEND AN E-MAIL TO doubleuassociates@doubleugames.com CONTAINING YOUR FULL NAME, ADDRESS, AND THE WORDS “OPT OUT” IN THE BODY OR SUBJECT LINE OF THE EMAIL.
Location of Arbitration and Applicable Rules. You and we agree that such arbitration shall occur in Seattle,
Washington. You may request to appear in such proceedings telephonically. You and we agree that such arbitration shall be conducted by a single arbitrator in accordance with the rules of the American Arbitration Association (“AAA”), as modified by these Terms.
Authority of Arbitrator. With the exception of class procedures and remedies as discussed above under "Waiver of Class Relief," the arbitrator shall have the authority to grant any remedy that would otherwise be available in court.
Confidentiality. You and we shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Allocation of Arbitration Fees. If you assert a Dispute as an individual, you will only be required to pay arbitration fees of $250 in connection with any arbitration under this section, and we will bear all other costs charged by AAA or the arbitrator up to $5,000. You will still be responsible for paying your own attorneys’ fees.
You and we agree that any claims or lawsuits, regardless of form, arising out of or related to the Site (including
Services) or these Terms or Privacy Policy must BE FILED within ONE (1) YEAR of the action, omission, event or occurrence giving rise to the claim or suit, after which such claims will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or repose by law or statute. Each party shall bear its own costs in the arbitration proceeding. If any portion of this section entitled "Binding Arbitration and Class Waiver" is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
11. Content Rights
“Content” means the software, communications, images, sounds, and all the material and information perceived or made available from the Services, whether provided by us or by users of the Services. Content also includes any feedback, comments, or suggestions you may provide regarding the Services, other Content, or the Delivery Platforms, including any responses provided through user surveys. We retain all rights in the Service materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, “Service Materials”). The entire contents of the Service are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Service pursuant to these Terms or otherwise exploit any of the Service Materials without our explicit, prior written permission. The foregoing shall not apply to your own User Content that you post through the Service in accordance with these Terms. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written permission from us. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Service account as well as severe civil and criminal penalties. We and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Service Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Service or by accessing any of the Service Materials, or rights to any derivative works thereof. You acknowledge and agree that all Content, including, without limitation, all accounts, characters created, and virtual items or in-game currency acquired and developed as a result of game play, are our sole and exclusive property and may be used by us (and/or its affiliates, publishing partners, distributors, licensors and licensees) for any purpose, including for commercial or promotional use. You agree that you may only upload or otherwise transmit on or through the Services Content that does not infringe the intellectual property rights of any third party, and you represent and warrant that any Content you do transmit will not infringe the intellectual property rights of any third party. If you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the Content, you agree to and hereby do assign solely and exclusively to us all of your right, title and interest in and to such Content, without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity. If such assignment is ineffective under applicable law, you hereby grant us the sole and exclusive, irrevocable, sub-licensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display, use, and practice such Content, and to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in such Content. You are granted a limited revocable license to post your own character or any other Content that we specifically give you notice may be posted on other websites, on your own personal website or on a third party website so long as the website where the link resides complies with all applicable laws, does not obtain any rights to such Content other than a non-exclusive license to post it at your direction, and does not in any way infringe the rights of a third party. You agree that any content published by you through the Service is done so through the use of technology and tools provided by us. You agree that you are publishing such content willingly and you represent that you own such content, that you have all rights to publish said content and that your publishing of the content complies with all applicable laws. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network, or other medium without our explicit prior written permission. You grant us the right to act as an agent on your behalf as the Service’s operator. Our representatives may monitor certain Content on the Services, but cannot monitor or prescreen all of the Content on the Services, and do not attempt to do so. We and its designees have the right, but not the obligation, to edit, refuse to post, or remove any Content posted on any Services that are deemed objectionable or violate these Terms or the spirit of these Terms, in our sole discretion and determination. If you encounter something you find objectionable and in violation of these Terms, you can bring it to our attention by “flagging” it or reporting it via the in-game support system. We may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted via the Service. By using the Service you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that we will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content. We reserve the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Service with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, we shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law. We do not assume any responsibility or liability for Content that is generated by users of the Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Services. You acknowledge and agree that we may use built-in tracking features to obtain information regarding your use of the Game, and agree that such information is deemed to be Content for all purposes under these Terms.
12. Communication Channels
The Service may provide communication channels such as forums, communities, or chat areas ("Communication Channels") designed to enable you to communicate with other Service users. We under no obligation to monitor these communication channels but may do so, and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. We may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by us, and these communications should not be considered reviewed or approved by us. You will be solely responsible for your activities within the Communication Channels and under no circumstances will we be liable for any activity within the Communication Channels.
You agree that all your communications within the Communication Channels are public, and you have no expectation of privacy regarding your use of the Communication Channels. We are not responsible for information that you choose to share on the Communication Channels, or for the actions of other.
13. The Services are Available “AS-IS”
The Services are provided on an “AS IS” and “AS AVAILABLE” basis and we do not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services will be free of viruses or other harmful components. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT. Your access and use of the Services is at your own risk. We cannot assume responsibility for any damages suffered by you, including, but not limited to, loss of data, game play, items or characters from delays, non-deliveries, errors, system down time, misdeliveries or service interruptions caused by us, or by your or by any other user’s errors and/or omissions.
14. Disclaimer of Warranty
You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, we, our officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Service and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. We make no warranties or representations about the accuracy or completeness of the content of the Service of the content of any sites linked to the Service and assume no liability or responsibility for any: (i) Errors, mistakes, or inaccuracies of content; (ii) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service; (iii) Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) Any interruption or cessation of transmission to or from the Service; (v) Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party; or (vi) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.
15. Limitation of Liability
In no event will we, our directors, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Service or other materials on, accessed through or downloaded from the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not we have been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that we shall not be liable for user submissions or defamatory, offensive, or illegal conduct by any third party and that the risk of harm or damage from the foregoing rests entirely with you. You agree to indemnify and hold us, and each of our directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) Your use of and access to the Service; (ii) Your violation of any term of these Terms; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) Any claim that a user submissions made by you has caused damage to a third party; or (v) Any User Content you post or share on or through the Service.
16. Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
17. Indemnification
You agree to defend, indemnify, and hold us harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including reasonable attorneys’ fees) incurred by us arising out of or from your access and use of the Services, your violation of these Terms or any Content posted, transmitted or provided by you or on your behalf.
18. Waiver and Severability
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
19. Injunctive Relief
You acknowledge that the rights granted and obligations made hereunder to us are of a unique and irreplaceable nature, the loss of which shall irreparably harm us and which cannot be replaced by monetary damages alone so that we shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you.
20. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Delaware USA without regard to its principles of conflicts of law.
21. Other Jurisdictions
The information provided on this application 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 us to any registration requirement within such jurisdiction or country.
22. Modification of Terms
We reserve the right to modify the Terms at any time. We reserve the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. Your use of the Services after any such changes become effective constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Services. It is your responsibility to check to determine if there have been changes to these Terms and to review such changes.
23. Entire Agreement
These Terms are the entire and exclusive agreement between we and you regarding the Services, and these Terms supersede and replace any prior agreements regarding the foregoing. The Services are operated and provided by us. If you have any questions about these Terms, please contact us at Help Center. If you do not agree with the terms and conditions of this document, please discontinue using any of our services. If there are any questions regarding these Terms and Conditions you may contact us at our Help Center (doubleuassociates@doubleugames.com)