Terms of Service
Terms and Conditions
DatDuck (“Company,” “we,” “us,” “our”) provides its services (described below) to its users (“you,” “your”) through its website located at www.datduck.com (the “Site”) and through its related products and services (collectively, such products and services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
REFLY SP Z O.O. KRS: 0000745400 NIP: 5272862379 Oskara Langego 2 / 60, 02-685 Warszawa, Polska
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
This text is a public agreement (offer) between the commercial party (us) and the end user of the Service (you). The terms of this agreement are the same and binding on all users of the Service. In accordance with generally accepted terminology, this agreement is considered a license agreement between the owner of the software product and the end user.
The Company provides the User with access to the Service and the right to use it in accordance with this agreement solely for personal use and solely for entertainment purposes. The company allows the use of the Service only to individuals.
Acceptance and implementation of this offer is a prerequisite for using the Service. A user who does not agree with these terms and conditions, does not accept them and refuses to comply with them, does not have the right to use the Service and is obliged to leave this website.
If you do not have full legal capacity under the laws of your country, leave this site immediately. The Сompany denies you the possibility of using this Service.
The company is not responsible for death or personal injury caused by the player to himself or to third parties as a result of loss or in the state of affect.
This offer must be read and understood by you completely before using the Service. If you do not understand anything in this text, please contact our support team before using the Service. This offer affects your legal rights and obligations. Misunderstanding does not exempt from legal liability.
These terms and conditions govern the access and use of the Service, including any content, functionality and services offered by the Service. By clicking the “Agree” button and / or using the Service as a guest and / or registered user, you unconditionally agree to the terms and conditions set forth in this offer. These terms and conditions come into force as soon as you visit the site (get access to the Service).
Warranty and liability of the Company
The company presents the Service to the user on an “as is” and “as available” basis - with all the properties, advantages and disadvantages that exist or may arise. This means that the Company disclaims any responsibility to the user for the quality and properties of the Service, and does not provide any guarantees. Use of the Service is associated with the risk of financial loss. The user participates in the games at his own risk.
Regardless of the situation and our efforts, we do not guarantee that customer service will be uninterrupted, timely and error-free, or that defects will be corrected.
From time to time we may need to update, reset, temporarily interrupt or shut down some or all parts of the Service. Any of these actions may cause you to lose access to the Service. We shall have no liability to you if the Service or any aspect of it are interrupted or unavailable for any reason.
The Company reserves the absolute and unlimited right in its sole discretion, at any time, without explanation, without prior notice and without liability to you:
- to amend this offer and to revise any provisions of these terms and conditions. All changes take effect from the moment they are published on the Service website;
- deny access to the Service;
- to temporarily block and / or completely delete the Account, including denying the User access to the Service;
- request any KYC documentation, restrict access and payments to the moment of sufficient identification;
- terminate any component of the Service or the Service as a whole;
Notifications and Changes
Notifications of all changes to this offer and Service components are published by the Company on the Service website. We do not individually notify users of changes. The user (you) should independently familiarize themselves with all updates. The validity of the changes does not depend on the knowledge of the User.
The user (you), in case of disagreement with changes to these terms and conditions, should independently stop using the Service. User claims about disagreement with changes to these terms and conditions are not accepted by the Company. Also, the consequences of such changes cannot be the basis of the user's claims.
Changes to this offer at the initiative of the user is not provided. This offer expires upon deletion of the user account.
The user can refuse this offer without consequences and obligations only until the first of these events: the first deposit on the balance and / or the first game.
The end user of the Service is a Player. All information about the user needed to identify the Player, to access and use the Service, as well as information about all the Player’s activity on the Service’s website, is stored in the Account, which is created by the Service at the time of the first activity (registration) of the User.
The User (you) undertakes, among other things, to provide the Company and / or the Service with reliable information about himself. All risks and responsibility for the consequences of providing false information lies with the user (you).
The User has the right to be forgotten - at his request, the Service deletes the Account and all the information that it contains about the User.
The service has the right to display information about large winnings and, accordingly, winners, for advertising purposes. For this, the consent of the winner is not required and no fee is due to the winner.
The service is not a banking institution (a place of storage, accumulation and savings of your deposits, as well as a money transfer service). The players ’operational funds required to participate in the game process are stored in a safe place, however, we do not recommend storing funds in the Account for a long time.
Replenishment and refund of funds from the User Account is carried out through the agent for receiving payments (payment system), which is not managed by the Company. Relations between the Player and the payment system are not governed by this offer. The company does not accept claims of the Player on issues related to the activities of the payment system.
It is forbidden to deposit funds from other people's wallets and withdraw funds to other people's wallets. Responsibility for the use of third party funds lies entirely with the user. The company does not accept claims of third parties regarding funds deposited or withdrawn by the user. Such losses are subject to compensation by the user himself without the participation of the Company and the Service.
The company makes efforts to timely process transactions for all users of the Service that comply with these Terms of Service and KYC / AML. However, we are not responsible for the loss of cryptocurrency after it was withdrawn from the Service.
Any cross chain Deposits (sending, for example, Bitcoin Cash to a Bitcoin address) will not be processed and coins will be permanently lost.
In some cases, manual transaction processing is required, which takes considerable time - sometimes several days. You should treat this with understanding.
In case of closing the Account, the balance will be returned to you. If there is reason to claim that the funds of the Account were illegally received by you, these funds will be debited and not payable.
We will not conduct any operations or in any way participate in transactions in any authorized countries of OFAC (United States Foreign Assets Control Office).
Among other things, the Player(s) agrees to be solely responsible for:
- accidentally committed actions or decisions;
- losses due to a malfunction of devices used by the Player;
- losses of the Player due to transfer of his funds to other Players, granting them privileges or a loan;
- Player errors in the address of the input / withdrawal of funds;
- expenses incurred by the Player to access the Service (including Internet charges);
- for any other losses, given that the Service is provided on an “as is” basis without any guarantees from the Company;
The result of the gameplay depends on chance. We adhere to an acceptable measure in the formation of game algorithms, therefore, we consider the game process to be honest. Any of your theories regarding dishonesty in the game process cannot be the basis for canceling the result of the game. Also, your life circumstances, your illness or stay under the influence of any drugs cannot be the basis for canceling the result of the game.
Algorithms and rules for specific games of the Service are set forth in sufficient volume for full participation in the game process, on the Service website in the section of such a game. If you don’t understand anything, please contact our support team before placing a bet.
The Company is not a tax agent in relation to the Player and is not liable for him financial obligations. Everyone independently calculates and pays taxes due from him. Everyone independently submits the proper tax reporting.
The service does not provide services for the exchange of financial assets of various nature. For example, you cannot deposit fiat into the Service, but withdraw cryptocurrency; and vice versa.
Prohibitions and restrictions
It is forbidden to use the Service to persons:
- blocked on any other gaming site or game object;
- included in the restricted list of any online games operator;
- in respect of which there is a prohibition of participation in games imposed by the state;
- under the age of majority, as well as by a person with respect to whom the state has limited legal capacity;
- who has not accepted or does not agree with the provisions of this offer (both fully and partially);
- who grossly or systematically violates the requirements of this offer and the generally accepted principles of online games ethics;
- who has officially diagnose "addiction to games";
- who provided the Service with false information (until the situation is rectified).
- If in relation to you any of these circumstances arose, stop using the Service and inform us;
The company, in addition to other conditions of this offer, expressly prohibits:
- use of the Service as an end user to legal entities (commercial and non-profit organizations);
- use the Service for any other purpose than the personal entertainment of the Player;
Copying or reproduction of the Service or its components, including trademark, in any way is prohibited. Unauthorized access to the database, site and components of the Service, as well as copying, imitation and use of a trademark, is prohibited. Persons noticed in such actions will be held criminally liable and are obliged to compensate the Company for the damage caused.
It is forbidden to use the information obtained during the use of the Service to cause reputational damage to the Company. Persons disseminating fraudulent information are prosecuted by law.
It is forbidden to use offensive words and expressions in relation to the Players, the Service, the Company and its employees. You will be banned for insults, and the account funds will be irrevocably written off.
In addition to the well-known, we consider and prohibit such actions on our website as clearly fraudulent:
- the player's use of multi-accounts to circumvent the restrictions established by this offer and the rules of the affiliate program;
- provide access to your account to third parties;
- use of automatic scripts;
- use any cryptocurrency vulnerability for personal gain;
- ask someone for money, both on credit and free of charge;
- withdraw funds from wallets opened in the datduck.com account to wallets opened in the datduck.com account;
- create duplicate accounts using referral links;
- offer bonuses to users of the Service (or other persons) for the use of their affiliate promo code;
- in communication with players (or other persons) willfully represent themselves as an employee of the Company / Service;
- distribute spam, unauthorized advertising, as well as offensive and / or false information;
Formal rules and special provisions
Service is not a gambling, in the terminology established by law. This statement is based on the fact that during the game we play loot boxes containing exclusively virtual game content (skins), which does not matter outside the game in which this content is used. The service gives out skins as a win. Skins are not electronic money or another type of financial or tangible asset. The player independently and only after the end of the game uses and gets rid of the won skin. Possible player's deals related to the exchange and / or alienation of virtual game content are not governed by this offer.
The service may contain hyperlinks to third-party services and third-party sites. The company does not control these services and sites, and therefore is not responsible for them. Be careful in using such third-party services and third-party sites - all the consequences of such use (including the transfer of information to them) lie entirely with you.
Keeping the confidentiality of your username, password and any other information that compromises the means of the Account lies entirely with you. Never tell anyone, even our support team, your password. We will never ask you to tell us the password, and if you received such a request, be sure that these are scammers.
The section titles of this text are used for readability only and do not affect the legal meaning of the terms and conditions.
The legal and relevant text of this agreement is only the text posted on our website. All other interpretations of the text of this treaty are illegitimate. Ignorance or misunderstanding of the English language are not grounds for exemption from liability.
In the event that the competent authority invalidates to any extent any provision of this contract, the consequences of such a decision of the competent authority are applicable only to the person whose complaint this decision was made. The invalidity of any part of this contract does not lead to the invalidity of the contract as a whole. The invalidated part of the contract must be amended by the Company in order to bring it into line with the decision of the competent authority.
All rights to the Service (including copyright, tangible and intangible) belong to the Company and in any circumstances unconditionally and fully reserved for it. The alienation of any rights to the Service is not the subject of this contract.
The company may transfer any of its rights to a third party. The user does not have the right to transfer his rights under this agreement.
We reject fraud in any form. If you become aware that someone is using our site for fraud, let us know.
Any violation of this contract entails liability. The application of sanctions against the violator does not relieve him of the obligation to correct the violation and not allow it in the future.
All disputes relating to this contract are resolved exclusively through negotiations. Lawsuits are allowed only after the compulsory mediation process and only if it is not possible to reach an agreement. Disputes relating to this contract are not subject to the rules of commercial arbitration; all disputed issues are governed by civil law (as between the service provider and the consumer).
All issues related to the subject matter of this agreement that are not regulated by the text of this agreement are regulated on the basis of generally accepted business practice and legislation governing this type of legal relationship.
If you use the G2A.com payment service to replenish your account in the Service, the payment service assumes the main responsibility for the payment transaction and customer support related to this transaction. G2A payment service terms are available at this link: https://pay.g2a.com/terms-and-conditions.For customers using G2A.com, the privacy and refund policies and license agreements approved by G2A apply. The company (we) assumes responsibility that could be assigned to G2A for any taxes and fees associated with the delivery of services paid through G2A.
For customer service or disputes, you can contact us by email at [email protected] Questions related to payments made through a payment from a G2A Pay service provider should be addressed to [email protected]
Additional Terms and Conditions; EULAs
When you use G2A Pay services provided by G2A.COM Limited (hereinafter referred to as the "G2A Pay services provider") to make a purchase on our website, G2A Pay services provider assumes primary responsibility, with our assistance, for payment and payment related customer support. The terms between G2A Pay services provider and customers who utilize services of G2A Pay are governed by separate agreements which can be found under the link https://pay.g2a.com/terms-and-conditions and are not subject to the Terms on this website.
You are responsible for any fees, taxes or other costs associated with the purchase and delivery of your items resulting from charges imposed by your relationship with payment services providers or the duties and taxes imposed by your local customs officials or other regulatory body.
For customer service inquiries or disputes, You may contact us by email at [email protected]
Questions related to payments made through G2A Pay services provider payment should be addressed to [email protected]
Where possible, we will work with you and/or any user selling on our website, to resolve any disputes arising from your purchase.
Third-Party Intellectual Property Rights
Steam® is a registered trademark of Valve Corporation. The Company is not endorsed by nor affiliated in any way with Valve Corp., Counter Strike: Global Offensive, Steam®, or any other trademarks of the Valve Corp.
Valve, the Valve logo, Half-Life, the Half-Life logo, the Lambda logo, Steam, the Steam logo, Team Fortress, the Team Fortress logo, Opposing Force, Day of Defeat, the Day of Defeat logo, Counter-Strike, the Counter-Strike logo, Source, the Source logo, Counter-Strike: Condition Zero, Portal, the Portal logo, Dota, the Dota 2 logo, and Defense of the Ancients are trademarks and/or registered trademarks of Valve Corp. All other trademarks are property of their respective owners.
YOU AGREE THAT THE TERMS OF THE STEAM® SUBSCRIBER AGREEMENT APPLY TO YOU IN ALL RESPECTS AND IT CONTAINS ITS OWN TERMS AND CONDITIONS INCLUDING, WITHOUT LIMITATION, RESTRICTIONS ON TRANSFERRING OR EXCHANGING ITEMS. ANY WARRANTY, RIGHT, OBLIGATION OR OTHER CONTRACTUAL RELATIONSHIP YOU HAVE WITH RESPECT TO YOUR STEAM ACCOUNT AND VALVE CORP. IS IN ADDITION TO THE TERMS OF THIS AGREEMENT.
Purpose of Website, Fees and Payments to Company
The Website is provided for your entertainment purposes only. The Website provides a method to spend real money in order to obtain virtual items or money. The sole purpose of the virtual items or money is to play the games and/or access features on the Website. The virtual items or money have no value. You are using real money to purchase virtual items whose sole purpose is for playing the games on the Website.
We do not and will not provide any means for you to convert your virtual items or site balance back to real money. Once you submit real money via the Website to purchase virtual items or increase your site balance, you cannot ever retrieve that real money.
Any and all funds submitted for use on the Website (i.e. via the DatDuck wallet) will be converted to provide you with an equivalent “value” in your balance on the Website. However, the sole use of the balance on the Website is for use on the Website. The balance does not represent real money and there is no method to “cash out” your virtual items from the Website, withdraw your site balance, demand a refund, or convert your Website balance or virtual items back to real dollars. You are purchasing a right to play on our Website using your site balance (depicted in dollars for ease of reference only) but those funds and your virtual items cannot be converted or refunded back to real dollars.
By providing Company with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize Company to charge you for the virtual items or services purchased using your payment method; and (iii) authorize Company to charge you for any paid virtual items or services that you choose to sign up for or use while this agreement is in force. We may bill you at the time of purchase or shortly after purchase. Also, we may charge you or place a hold on your account (e.g. a pending authorization hold) up to the amount you've approved.
When you use a third-party payment service (e.g. GameMoney or PayPal® services) to make a purchase on our website, responsibility over your purchase will first be transferred to such third party before it is delivered to you. The third-party services provider assumes primary responsibility, with our assistance, for payment and payment related customer support. The terms between the third-party services provider and customers who utilize services of the third party are governed by separate agreements and are not subject to the Terms of Service on this website.
For customer service inquiries or disputes, you may contact us by email at [email protected]
Authentication and Usage Issues
User Interface errors- Interface glitches and/or manipulation of the Website does not entitle you or provide with any rights to a certain item. All outcomes on the Website are generated by our provably fair system and are subject to such verification (including reversal of an outcome previously determined). You hereby agree that the outcome will be determined by the provably fair system outcome and any user interface errors do not entitle the user to an item.
Suspicious activity- If we identify suspicious activity (e.g. using more than one PayPal® e-mail with your account, using an invalid account or cloned credit card, etc.) then we may ask you to provide documentation to confirm the authenticity of your account before we approve your requests.
Bots and Steam® API- The trade offer request sent by our bots are subject to Steam Guard authentication and the buyer must have Steam Guard activated for at least 15 days on their smartphone so the trade can be completed.
Please note that this is a Steam® restriction. The items in the trade request will not expire but you will need to wait for the end of the 15-day period.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe that any User Contributions violate your copyright, please see the instructions found in the section titled “Digital Millennium Copyright Act (DMCA)” on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send e-mails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Website other than the homepage.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Digital Millennium Copyright Act (DMCA)
DMCA Complaint Requirements. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement or that there is infringing material available through our Website, please notify our copyright agent, in accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Specific identification of the copyrighted work that you claim has been infringed;
- Specific identification of the material that is claimed to be infringing and where it is located on the Website;
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. DMCA Agent.
The above information must be submitted to: [email protected]
Dispute Resolution by Arbitration / No Class Action
IT IS IMPORTANT THAT YOU READ THIS ARBITRATION CLAUSE. YOU UNDERSTAND THAT UNLESS YOU EXERCISE THE RIGHT TO OPT-OUT OF ARBITRATION IN THE MANNER DESCRIBED BELOW, YOU AGREE THAT ANY DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION.
ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO HAVE A JURY, TO ENGAGE IN DISCOVERY (EXCEPT AS MAY BE PROVIDED IN THE ARBITRATION RULES), AND TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. YOU ALSO AGREE ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN YOURSELF AND COMPANY AND WILL NOT BE PART OF A CLASS-WIDE OR CONSOLIDATED ARBITRATION PROCEEDING. ANY SUCH ARBITRATION PROCEEDING SHALL BE CONDUCTED ON THE MARSHALL ISLANDS. THE SOLE AND EXCLUSIVE VENUE AND JURISDICTION WITH RESPECT TO ANY JUDICIAL ACTION ARISING UNDER OR RELATING IN ANY FASHION TO THIS AGREEMENT SHALL LIE IN THE STATE AND FEDERAL COURTS OF THE MARSHALL ISLANDS.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
In the event of the termination of this Agreement, any obligation of yours which must by its nature survive such expiration or termination in order to be given full effect, shall survive such expiration or termination. In any event, all of the Company's rights under this Agreement shall survive any termination of this Agreement.
No Assignments or Transfers
You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without Company’s prior written consent (in its sole discretion), and any attempt by you to do so in violation hereof will be void and ineffective. Company and its affiliates may assign their respective rights and obligations under this Agreement (in whole or in part) without your consent or notice to you.