This End User License Agreement (“Agreement”) sets forth the terms and conditions governing the use of any EndGame Design Laboratories LLC (“EndGame”) mobile application downloaded or otherwise acquired or used by you (the “Application”) that is designed to operate on any device you own or control which runs any mobile operating system (“Device”). For the purposes of this Agreement, EndGame includes the company, any subsidiaries, affiliates, and each of their members, officers, agents, partners and employees. The terms “you” or “your” each refers to you as the end user and licensee of the Application under this Agreement.
EndGame is the provider of an interactive, entertainment-based dating Application providing Users the opportunity to view the profiles of fellow Users of the Application and communicate with or meet those Users. Following these communications and/or meetings, Users will be asked to submit their personal opinions by numerically rating the fellow User on a variety of topics (“Rating”). Upon receipt of these opinions, the EndGame metrics and analytics produce a score for the User (“Score”). User’s Scores are cumulative and fluctuate based on each Rating. The Scores are viewable to all Users of the Application. At certain times throughout use of the Application and as determined by the EndGame algorithm, EndGame may offer Users the opportunity to purchase a higher Score.
- BY ACCESSING, DOWNLOADING, OR USING THIS APPLICATION, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. This Agreement is an electronic contract that establishes legally binding terms you must accept to use the Application. If you do not agree to the terms of this Agreement, do not access, download, or use the Application.
- Your use of the Application is subject to EndGame’s Privacy Provisions (Section V) and EndGame’s Safe Dating Tips (Section X.d).
- If you do not accept and agree to be bound by all of the terms of this Agreement, including EndGame’s Privacy Provisions, do not use the Application.
- The Application and this Agreement may be updated, revised, supplemented, or modified by EndGame from time to time. Any such changes to the Agreement will be effective immediately upon posting on EndGame’s website. Registered users are encouraged to review this Agreement periodically for changes. If you do not wish to accept any such revision or modification please uninstall and discontinue using the Application.
- This Agreement governs all rights and duties between you and EndGame. You acknowledge that this Agreement is the complete statement of the agreement between you respecting the Application, and it supersedes any prior communications between you and EndGame regarding the Application.
You must be at least 18 years of age to access, download, and use this Application. By accessing and using the Application, you represent and warrant that you are at least 18 years of age and have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of the Agreement. If you use this Application outside of the United States, you are responsible for complying with the laws and regulations of the country from which you access, download, or use the Application.
In order to use this Application, you must sign in using your Facebook login credentials. In doing so, you authorize EndGame to access and use your Facebook account information, including, but not limited to, your public Facebook profile. For more information regarding the information EndGame collects from you and how we use it, please consult EndGame’s Privacy Provisions.
- EndGame grants to you a non-transferable, non-exclusive and revocable license to install one copy of the Application on your Device and use the Application according to the terms and conditions set forth in this Agreement. The Application is licensed, not sold, to you and remains the sole and absolute property of EndGame. Except as expressly granted by this Agreement or otherwise by EndGame in writing, you acquire no right, title or license in the Application or any data, software, content, application or materials accessed from or incorporated in the Application.
- This Agreement does not give you any rights to any updates or upgrades to the Application or to any maintenance releases, patches, fixes, extensions or enhancements to the Application developed by EndGame at any time in the future. Except as required under applicable law, this license does not entitle you to receive any maintenance or support services with respect to the Application. EndGame may elect to provide Users with updates and/or support services. If provided by EndGame, updates may be delivered automatically or you may be notified when a new update is ready to be installed, or we make such updates available for download. You authorize EndGame to deliver automatically any update if we believe it is necessary to provide for the continued functionality of the Application or for any reasonable business purpose. Your use of the updates will be governed by this Agreement unless you are asked to agree to new or additional terms at the time of download or installation. You also agree that you may have to enter into a renewed version of this Agreement if you want to download, install or use a new or modified version of the Application.
You agree to the following license restrictions: (a) to use the Application solely for your personal use and as set forth in this Agreement; (b) to not install or use a copy of the Application on a device that you do not own or control; (c) to not duplicate, copy or distribute the Application, except as necessary to use it on your Device; (d) to not license, sell, rent, lease, lend, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party; (e) to not use the Application for any fraudulent, unlawful, or illegal activity or in any way that could harm the Application or impair anyone else’s use of it or a wireless network or to try to gain unauthorized access to any service, data, account or network by any means; (f) to not modify, translate, or create derivative works based on the Application or disassemble, decompile or reverse engineer any part of the Application, except and only to the extent that applicable law expressly permits, despite this limitation; (g) to not work around any technical limitations in the Application; and (h) to not use the Application for any activity tortious to any third party.
- The types of information that EndGame collects includes both personally identifiable information and non-personally identifiable information.
- Personally-identifiable information refers to information which can be used to specifically identify you as an individual (e.g., name, username, password, address, telephone number, mobile number, email address, photo, etc.). In order to use the Application, EndGame will automatically be obtaining User’s Name, Age, Gender, Photo, and Shared Friends from User’s Facebook Account. Use of Facebook is subject to its respective terms and conditions and Users must provide access to this information in order to use the Application.
- Non-personally-identifiable information consists of aggregate information or any information that does not reveal your identity and may include data associated with your particular Device such as your mobile device ID, IP address, operating system and version, model, and manufacturer. We collect your geo-locational information.
- If you transact business with us, we may collect financial information such as your payment method. All payments are processed through third party financial systems such as Apple, and subject to their respective terms and conditions.
- We use various technologies to collect information from your Device and about your activities on our application, including:
- Automatically collected information when you visit the Application could include for example, your device ID, IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from EndGame or others, and geo-locational information.
- When you visit the Application, EndGame may assign your Device one or more cookies or other similar programs. The cookie may facilitate your access to the Application or may automatically collect information about your activity on the Application.
- Other technologies such as web beacons to track your activity on the application.
- We may send you notifications regarding matches, letting you know when someone has sent you a message, or for other service-related matters. EndGame or its partners and affiliates may also send you messages regarding topics that we believe may be of interest to you. Acceptance of such notifications is a condition of using the Application.
- Information collected may be used to: (a) manage User’s accounts and provide User’s with customer support, (b) deliver EndGame’s services and manage its business, (c) create metrics and analytics which may be used by EndGame for the Application and/or for any future EndGame applications or services; (d) develop and display content tailored on User’s interests and EndGame’s settings for the Application, (e) enforce or exercise any rights in this Agreement, (f) perform functions as otherwise described to the User at the time of collection, and (g) display User’s profile information, photos, and voice recordings to other users, as well as reveal User’s location to other users. In all circumstances, EndGame may perform these functions directly or use a third party vendor to perform these functions on our behalf.
- We take reasonable security measures (including physical, electronic, and procedural measures) to help safeguard your personal information from unauthorized access and disclosure, but do not guarantee or warrant that such measures will always be effective or sufficient.
- EndGame will disclose your profile information to other Users. We may also share your personal or non-personal information with others, for example as detailed in subsections (i)-(v) below:
- We may share information, including personal and non-personal information, with third parties that perform certain services on our behalf who will be obligated to use your information only to perform services for us.
- When you register on our Application, we may share personal or non-personal information with the businesses with which we partner to offer you products or services.
- We may disclose personal or non-personal information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend EndGame’s or User’s rights or property; or (3) protect someone’s property, health, or safety, such as when harm or violence against any person (including you) is threatened or we suspect or have reason to suspect that the information involves a party who may be the victim of abuse.
- As EndGame develops its business, we may buy or sell assets and, depending on the transaction, your personal or non-personal information may be one of the transferred assets. In the event that we are acquired by another company, your information may be part of the assets transferred to the acquiring party. If this occurs, you will be notified if there are any material changes to the way your information is collected or used.
- We may disclose your personal or non-personal information where necessary to enforce the terms and conditions of this Agreement or other policies.
- This Agreement does not create rights enforceable by third parties or require disclosure of any personal information relating to other Users of the Application.
- Following your termination of this Agreement, EndGame may, but is not required to, retain personal information for any period of time in order to comply with applicable laws, keep accurate records, resolve disputes, prevent fraud, enforce this Agreement, or for any other legally permissible purpose. Subject to applicable laws, EndGame may also retain User’s Scores and other metrics and analytics related to the User’s Score following their termination of this Agreement.
- The information that the Application collects may be stored locally on your Device and may be transmitted to our servers for the purposes of customer data collection, monitoring of legal use of the licensed Application, and to fulfill our obligations under this Agreement. The transmission of information over wireless and wired networks is not inherently secure. EndGame uses many tools to help protect your personal information against unauthorized access and disclosure. However, we do not ensure or warrant the security of your personal information or private communications will always remain private when using the Application.
- You are responsible for maintaining the confidentiality of the username and password you designate to access the Application, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify EndGame of any disclosure or unauthorized use of your username or password, or any other breach of security.
- License to the Application is effective for an indefinite term, until EndGame terminates it, and/or until you provide notice to EndGame of your decision to terminate it by deleting the Application. EndGame’s termination of the Agreement and your license may be solely noticed by a termination of your access to the Application.
- EndGame reserves the right to suspend, discontinue, enhance, update or otherwise modify the Application, or its availability to you, at any time without notice and in its sole and absolute discretion. Any breach of the provisions of this Agreement constitutes cause for termination without notice and without reimbursement for any payments previously made. EndGame is not required to disclose the reason for the termination and is not liable to you for any such suspension, discontinuance, or modification.
- Upon termination of the license, your use of the Application will be suspended indefinitely and any license granted hereunder will be revoked and terminated in its entirety.
- All terms of this Agreement survive any termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
- You are solely responsible for and assume all liability regarding the content and information that you post, create, author, upload, publish, link to, transmit, record, display or otherwise make available on the Application or transmit to other Members, including text, videos, photographs, voice recordings or profile information, whether publicly posted or privately transmitted (collectively, “Content”). You represent that you own, or have the necessary permissions to use and authorize the use of your Content as described herein.
- You are solely responsible for and assume all liability regarding the Ratings you submit to the Application. EndGame does not author, create or develop any Content associated with the User Ratings.
- You are solely responsible for and assume all liability regarding your interactions with other users of the Application, including, but not limited to online interactions and physical interactions. EndGame is not liable for any interactions that result from a User’s interpreted understanding or value of another User’s Scores. EndGame does not make any endorsements relating to physical interactions or Ratings resulting from such interactions.
- You assume all risks associated with your Content and Ratings, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your Content that makes you personally identifiable. You may not imply that your Content is in any way sponsored or endorsed by EndGame. You may expose yourself to liability if your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including, without limitation, any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
- The Application is for entertainment purposes only and each User’s Scores are based on many factors, including, but not limited to, other user’s Ratings, EndGame’s metrics and analytics, increases in Scores purchased by the users, and any other modification of the score by EndGame or Users. User’s Scores should not be relied upon for any purpose whatsoever, including without limitation, as a representation of a User’s Ratings or a confirmation or endorsement of a User or their Content. EndGame expressly disclaims any and all warranties and does not guarantee the accuracy, truthfulness, or reliability of Users’ Scores.
- You may not post on the Application any offensive, inaccurate, abusive, obscene, profane, sexually oriented, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity), the determination of which will be made by EndGame in its sole and absolute discretion. You represent and warrant that all information that you submit upon registration is accurate and truthful. All information posted by a User is not and does not portray the opinion(s) of EndGame. If information provided to EndGame or another user subsequently becomes inaccurate, misleading, or false, you will promptly modify that information or provide written notice to EndGame at firstname.lastname@example.org.
- You understand and agree that EndGame reserves the right and the option, but has no obligation or duty, to screen or monitor the information or material you post through the Application. EndGame has the right, but not the obligation, to delete any such Content, in whole or in part, that in its sole opinion violates, or may violate, any applicable law or either the letter or spirt of this Agreement, upon the request of any third party, or may harm the reputation of EndGame.
- EndGame may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. By posting Content on the Application, you automatically grant to EndGame an irrevocable, perpetual, non-exclusive, royalty-free, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any use of your Content by EndGame does and will not infringe or violate the rights of any third party. EndGame may store and utilize this Content subsequent to a User’s termination of this agreement, pursuant to Section V (g).
- In addition to the types of Content described in Section VIII (f) above, the following is a partial and non-exhaustive list of the type of Content that is prohibited on the Application and EndGame reserves the right, in its sole and absolute discretion, to investigate and take appropriate legal action against anyone who violates this provision, including, without limitation, removing the offending communication from the Application, removing the Content or Rankings from its metrics and analytics, and terminating or suspending the membership of such violators. You may not post, upload, display or otherwise make available Content that:
- promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
- is intended to harass, annoy, threaten, or intimidate any other user of the Application;
- promotes information that is false or misleading, defamatory, libelous inaccurate, abusive, obscene, profane, offensive, or otherwise objectionable
- contains others’ copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without first obtaining permission;
- contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
- promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, obtain others' identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
- requests money from, or is intended to otherwise defraud, other users of the Application;>
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- is off-topic, meaningless, or otherwise intended to annoy or interfere with the entertainment purposes and others’ enjoyment of the Application;
- involves the transmission of junk mail, chain letters, spam, or unsolicited mass mailing (or spimming, phishing, trolling or similar activities);
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes or devices;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission;
- advertises, publicizes or promotes commercial activities and/or sales without EndGame’s prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and
- is tortious.
- Your use of the Application, including all Content you post, must comply with all applicable laws and regulations. You agree that EndGame may access, preserve and disclose your account information and Content, without notice or consent, if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Application in the future; or (v) protect the rights, property or personal safety of EndGame or any other person.
- You agree that any Content you place on the Application to be viewed by other users may be viewed by any person using the Application
- EndGame owns, or is the licensee to, proprietary rights in the Application, and in all content, copyrighted material, trademarks, trade names, services marks, and other intellectual property rights related thereto. You agree to not copy, modify, adapt, translate, transmit, create any derivative works from, make use of, reverse-engineer, disassemble or otherwise attempt to derive source code from, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Application. You agree to not remove, obscure or otherwise alter any copyright, trademark, or other proprietary rights notices appearing, affixed to, contained within, or accessed in conjunction with or by this Application.
- You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Application in a way that constitutes copyright infringement, please contact EndGame’s DMCA Agent, email@example.com, and provide:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Application (and such description must be reasonably sufficient to enable the Company to find the alleged infringing material, such as a url);
- your address, telephone number and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ENDGAME PROVIDES THE APPLICATION ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE APPLICATION (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ENDGAME DOES NOT WARRANT THAT YOUR USE OF THE APPLICATION WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE APPLICATION WILL BE CORRECTED. ENDGAME DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE APPLICATION.
- Statements available on the Application from third-party users and Ratings contain opinions, viewpoints, advice, offers, or other third party content. All such third-party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. ENDGAME DOES NOT: (I) GUARANTEE THE ACCURACY, LEGITIMACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT OR RATING ON THE APPLICATION, OR (II) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY THIRD-PARTY OPINION, ADVICE, OR STATEMENT. UNDER NO CIRCUMSTANCES WILL ENDGAME BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES RESULTING FROM YOUR RELIANCE ON THIRD-PARTY STATEMENTS, RATINGS, OR OTHER CONTENT POSTED ON THE APPLICATION, OR OTHERWISE TRANSMITTED TO OR BY ANY USERS.
- User’s Scores and EndGame’s offer to increase a User’s Score are based on EndGame’s metrics and analytics and EndGame’s algorithm and do not reflect or express EndGame’s opinions or views regarding the User. USER’S SCORES SHOULD NOT BE RELIED UPON AS A REPRESENTATION OF USER’S RATINGS OR AN ENDORSEMENT OF A USER OR ANY USER’S CONTENT. ENDGAME DOES NOT GUARANTEE THE ACCURACY OF ANY USERS’ SCORE IN THE EVENT OF A SYSTEM OR CALCULATION ERROR TO THE ENDGAME APPLICATION.
- USER’S USE OF THE APPLICATION ESTABLISHES AN ORDINARY COMMERCIAL CONTRACTUAL RELATIONSHIP BETWEEN ENDGAME AND USER AND IS INSUFFICIENT TO ESTABLISH A SPECIAL RELATIONSHIP. This provision shall not affect the enforceability or application of the terms of this Agreement.
- In addition to the preceding paragraph and other provisions of this Agreement, any opinions or advice that may be posted on the Application is for entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. EndGame makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Application.
- You understand that EndGame makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Application or as to the conduct or Scores of such individuals.
- You assume all risk for your interactions with other users of the Application. You understand that EndGame does not inquire into the identities or backgrounds of its Users or attempt to verify the opinions of its members and such information is not included in EndGame’s metrics and analytics producing User’s Scores.
- ENDGAME MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USER. UNDER NO CIRCUMSTANCES SHALL ENDGAME BE LIABLE (DIRECTLY OR INDIRECTLY) FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE APPLICATION.
- You agree to take all reasonable and necessary precautions in all interactions with other users, particularly in your communications outside of the Application or meetings in person. EndGame does not conduct criminal background checks on Users, so if you would like more information about someone, we recommend using the Internet and government resources available to everyone.
- You agree to review and follow EndGame’s Safe Dating Tips, prior to using the Application, including:
- Be careful about sharing personal information, such as your full name, phone number, email, and address. Take your time getting to know the other person before disclosing such personal information or meeting them offline.
- You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Users. Never send money to someone you meet online.
- When accessing your account from a public or shared computer, use caution and be aware of your surroundings.
- Always meet for the first time in a populated, public location. Do not meet in private, a remote location, or at your date’s home.
- Drive yourself to and from the first meeting, take public transportation, or a taxi so that you remain in control of your ride.
- It is best to not go to your date’s home or bring them back to yours on the first date.
- Inform a family member of friend of your date and when and where you are going.
- Bring your mobile phone with you on the date and make sure it is charged.
- Keep personal items with you at all times on the date.
- Stay sober to avoid doing anything that would impair your judgment.
- For long distance meetings, stay in a hotel and keep your hotel location confidential.
- TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL ENDGAME BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE APPLICATION, INCLUDING, WITHOUT LIMITATION, (I) ANY INCORRECT OR INACCURATE CONTENT OR RATING POSTED ON THE APPLICATION, WHETHER CAUSED BY USERS OR ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE APPLICATION; (II) THE SCREENING, TIMELINESS, DELETION OR REMOVAL, INCORRECT DELIVERY OR FAILURE TO STORE ANY CONTENT, COMMUNICATIONS OR PERSONALIZATION SETTINGS; (III) THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER; (IV) ANY ERROR, OMISSION OR DEFECT IN, INTERRUPTION, DELETION, ALTERATION, DELAY IN OPERATION OR TRANSMISSION, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, ANY USER COMMUNICATIONS; OR (V) ANY INJURY OR DAMAGE TO THE USER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE APPLICATION.
- TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ENDGAME DISCLAIMS LIABILITY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, REPUTATIONAL HARM AND EMOTIONAL DISTRESS, ARISING OUT OF OR FROM COMMUNICATIONS WITH OTHER USERS, CONTENT OR RATINGS SUBMITTED BY OTHER USERS, USERS’ SCORES, OR ANY ERRORS TO USERS’ SCORES CAUSED BY A SYSTEM OR CALCULATION ERROR TO THE ENDGAME APPLICATION. USER’S CONTENT AND RATINGS ARE BASED ON THE OPINIONS OF OTHER USERS AND DO NOT REFLECT THE OPINION OF ENDGAME.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ENDGAME’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ENDGAME FOR THE APPLICATION DURING THE TERM OF USE, OR IF YOU HAVE NOT PAID ENDGAME FOR THE USE OF THE APPLICATION, THE AMOUNT OF US $25.00.
- YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE APPLICATION OF THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Your mobile operating system is a third party beneficiary of this Agreement, and, upon your acceptance, such third-party beneficiary will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you. EndGame shall have priority in any and all actions and damages brought pursuant to this Agreement.
This Agreement and all matters relating to your access to or use of the Application, including all disputes, shall be governed by and construed in accordance with the laws of the state of New York, without regard to choice of law or conflicts of law principles. Any litigation against EndGame may be commenced only in the federal or state courts located in New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
You agree to indemnify and hold EndGame, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement, any postings, Content, or Ratings you post on the Application, and the violation of any law or regulation by you. EndGame reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with EndGame in connection therewith.
EndGame is responsible for addressing any claim you or any third party may have relating to the Application and/or your use, downloading or access to the Application. Please direct such questions to EndGame.
If you have any questions about this Agreement, the practice of the Applications,
or your dealings with EndGame, you can contact:
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