Last Updated: [1/2/2018]
Welcome to Section. Your privacy is important to us.
By using the Service, you are agreeing to this Policy (and the Terms of Service and any other applicable policies) and the collection and use of your information and data, in the manner provided in this Policy. If you do not agree to these terms, you may not use the Service. If you have any questions or concerns, please contact us at email@example.com.
Information and Data We Collect from You
We may collect the following information and data (“Information”) from you:
Your first and last name and other information made publicly available by you, and email addresses and other contact information associated with your Account; user name and password to access the Services; systems and technical information such as IP Address, your device's operating system, browser type and language; mobile device identifiers such as your unique device ID, medial access control ("MAC") address, and your device name; location information for the purpose of providing you with the correct version of the application; precise-geo-location information from your mobile device; and Service data such as your interactions with the game and with other users.
We and our marketing and outsourcing partners, affiliates, or analytics service providers may use technologies such as cookies, beacons, scripts, and tags to identify a user's computer/device and to "remember" things about your visit, such as your preferences or a user name and password. Information contained in a cookie may be linked to your personal information, such as your user ID, for purposes such as improving the quality of our Services, tailoring recommendations to your interests, and making the Service easier to use. You can disable cookies at any time, although you may not be able to access or use features of the Service.
Other Collection Practices
How We Use Your Information
Section's primary goals in using information are to create your account, provide Services to you, improve our Service, contact you, conduct marketing and research and create reports for internal use. We store information on servers located in the United States via Amazon Web Services and may store information on servers and equipment in other countries.
We use Information collected through our Service for purposes described in this Policy or disclosed to you in connection with our Service. For example, we may use your Information to:
Create game accounts and allow users to play our games; Identify and suggest connections with other Section users; Operate and improve our Service; Understand you and your preferences to enhance your experience and enjoyment using our Service; Respond to your comments and questions and provide customer service; Provide and deliver products and services you request; Deliver advertising and marketing and promotional information to you; Send you related information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages; Communicate with you about promotions, rewards, upcoming events, and other news about products and services offered by Section and our selected partners; Enable you to communicate with other users; and Link or combine it with other information we get from third parties, to help understand your preferences and provide you with better services.
While you are browsing the Section website, your computer's operating system, Internet Protocol (IP) address, access times, browser type and language and referring Web site addresses may be logged automatically. We may use this information to monitor, develop and analyze your use of the Service.
We may ask you to submit and we may process data that is personal to you, including but not limited to your name, gender, age or birthday, links to your profiles on social networking websites and other third party sites, user names and e-mail and mail addresses. We may use this information to create a user profile and provide you Services.
We may use your email address to contact you about your experience with the Sites and notify you about Section news and promotions. Your gender and birthday may be used to analyze user trends and target certain promotions.
Forums and Private Messages
The Service offers publicly accessible Internet communications tools and methods such as forums, and in-game communications (“Communication Tools”). You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from these Communication Tools, please contact us. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you choose to use a third party social media service to access Communication Tools, the information you provide may be tied to such social media account and if so, you will need to contact such service provider directly to request removal of the information.
We may use your email address when you contact our customer service group to contact you about your experience with the Service and to notify you about company news and promotions. If you no longer wish to receive certain email notifications you may opt out at any time by following the unsubscribe link located at the bottom of each communication or by emailing us with the contact information provided in this policy. Your mailing address may be used if we have merchandise or other physical promotional materials that we want to send to you. If you no longer wish to receive these types of promotional materials, you may opt out from receiving them at any time by emailing us with the contact information provided in this policy.
Third Party Services
When you use any of the Section games or applications on a mobile platform, we may record Information. This Information is useful to us for troubleshooting and helps us understand usage trends and improve and optimize the Services and your user experience, and may also be utilized for other purposes, such as advertising, as described elsewhere in this Policy. In addition, we may create a unique user ID to track your use of our Service. This unique user ID is stored in connection with your profile information to track the Section games you are playing. We may occasionally send you push notifications through our mobile applications to send you game updates, high scores and other service related notifications that may be of importance to you. You may at any time opt-out from receiving these types of communications by turning them off at the device level through your settings. With only your express consent, we or our partners may collect your precise location based information (GPS) for the purpose of matching you with opponent players in your local area, to tailor content specific to your area (such as event announcements), to show your location to other players, and to match your device location to certain points of interest for purposes of advertising, as described elsewhere in this Policy. Other players in our game may then be able to see that you are available to play a game when you participate in specific areas of our games.
How We May Disclose Your Information to Third Parties
Section may engage other companies and individuals to perform services on our behalf and disclosure your Information to them. Examples of these services include analyzing data and providing customer support. These agents and service providers may have access to your personal information in connection with the performance of services for Section. We may release your information as permitted by law, such as to comply with a subpoena, or when we believe that release is appropriate to comply with the law; investigate fraud, respond to a government request, enforce or apply our rights; or protect the rights, property, or safety of us, our users, or others. In certain situations, Section may be required to disclose personal information in response to requests by law enforcement agencies. Section may share your information in connection with any merger, sale of our assets, or a financing or acquisition of all or a portion of our business to another company. You will be notified via email and/or notice on our Sites of any change in ownership or users of your Information. We may share aggregate or anonymous information about you with advertisers, publishers, business partners, sponsors, and other third parties.
Accessing, Correcting, and Deleting Your Information
Upon request, we will provide you with information about whether we hold any of your personal information. If your personal information changes, or if you no longer desire our Services, you may correct, update, delete inaccuracies, or delete your personal information by making the change within your account settings or by contacting us. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. We will respond to your access request within a reasonable timeframe.
Opting Out of Marketing
If you have the ability to opt out of any marketing communications from Section, you will be informed how to do so and you must contact Section in the manner specified in order to opt out of such communication. Regardless of whether you opt out of any communications, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relationship.
Section takes reasonable measures to protect your information from unauthorized access or against loss, misuse or alteration by third parties. Although we make good faith efforts to store the information collected on the Service in a secure operating environment that is not available to the public, we cannot guarantee the absolute security of that information during its transmission or its storage on our systems. We cannot guarantee that our security measures will prevent third-party "hackers" from illegally obtaining access to this information. We do not warrant or represent that your information will be protected against, loss, misuse, or alteration by third parties.
We retain your Information for as long as your Account is active or as needed to provide you Services. We will also retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Our Policy Regarding Children
We do not knowingly collect or solicit personal information from or direct or target interest-based advertising to anyone under the age of 13 or knowingly allow such persons to use the Service. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under the age of 13, please contact us.
We may transfer Information that we collect about you across borders and from your country or jurisdiction to other countries or jurisdictions around the world. Please note that these countries and jurisdictions may not have the same data protection laws as your own jurisdiction, but we will try and ensure that your Information is protected to the same degree as it would in the United States, subject to any limitations imposed by local law and market conditions.
Changes to This Policy
We may update this Policy to reflect changes to our practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Service prior to the change becoming effective. We encourage you to review this page for the latest information on our privacy practices.
If a dispute arises between you and Section, we strongly encourage you to first contact us directly to seek a resolution. All disputes that you may have with Section shall be settled in accordance with the procedures set forth in the Terms of Service.
Last Updated: [1/2/2018]
Before accessing or using the Service, you agree to the Terms, which may be updated at any time at Section’s sole discretion. You may be required to register an account with Section to access the Service (an "Account"). You must be age 13 or older to use the Services or create an Account, including browsing any of our websites or accessing any of our games. If you are younger than 18, you must have the permission of your parents or legal guardians to use the Services, and you represent that your parents or legal guardians have reviewed and agreed to these Terms on your behalf. If you access the Service from a social networking site such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms.
Section reserves the right, at its sole discretion, to update, modify, or change the Terms, or any parts thereof, at any time, without notice to you. Section will release updated Terms of the Service, and you will be deemed to have accepted such changes by continuing to use the Service. If, at any time, you do not agree to the Terms or any other applicable Section policies, rules or codes of conduct, you must cease using the Service, and any licenses granted by Section pursuant to the Terms shall terminate automatically.
BY INSTALLING, USING OR ACCESSING THE SERVICE IN ANY WAY, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT INSTALL, USE OR ACCESS THE SERVICE. PLEASE NOTE THAT USE OF THE SERVICE IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW IN PARAGRAPH 10.
1. License and Restrictions
1.1. Grant of a Limited License to Use the Service
Subject to your acceptance of and continuing compliance with the Terms, Section grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service solely for your own non-commercial entertainment purposes (the “License”). You agree not to, and shall not, use the Service for any other purpose.
1.2. Restrictions and Conditions
Any use of the Service in violation of the Terms shall result in immediate and automatic revocation of your License and may subject you to liability for violations of any applicable law.
In addition to any of the other provisions contained herein, you agree that you will behave courteously towards other people, including Section personnel, and will not, and will not incite others to, under any circumstances (including attempts to):
Abuse, harass, bully anyone in any manner or form or otherwise disrupt their game experience.
Post or link to anything illegal, dangerous, abusive, obscene, defamatory, racially, sexually, religiously, or engage in otherwise objectionable behavior.
Cheat at the game (by yourself, or with others) or interfere with the Service in any way, including disrupting or exploiting errors in the Service, or modifying or using third-party software or services designed to modify or interfere with the Service.
Reverse engineer, decompile, or otherwise derive the source code for any part of the Services or other intellectual property used to provide the Service, obtain any information about the Service or Section by using any method not expressly permitted by Section, or modify, hack or gain unauthorized access to the Service or other users’ Accounts or circumvent any Section security measures.
Infringe on any person’s intellectual property, privacy, publicity, or any other rights.
Impersonate anyone else, or obtain anyone else’s Login Information, personal or financial information.
Section reserves the right to determine whether any conduct is a violation of, or outside the intent or spirit of the Terms. Section may take any action it deems necessary to address or resolve any such violations, which can include terminating your Account and prohibiting your use of the Service.
2.1. Creation and Use
In order to access the Service, you may be required to create an account (“Account”) that requires a user name and password (“Login Information”). You must be over the age of 13 to create an account, or have an account created for you by your parents or legal guardian, and you must not allow anyone under the age of 13 to access your Account or the Service. You are prohibited from sharing your Account Login Information with anyone else, and must keep your Account and Login Information secure. You may have only one Account per game and Section has the right to remove or reclaim any Accounts and Login Information at any time, for any reason, including claims that a user name violates any third party rights. Accounts may not be used for any commercial or harassing purpose, including advertising, soliciting, sending junk or spam email or messages.
If you become aware, or reasonably suspect, that there have been any breaches of security such as hacking, theft, or unauthorized disclosure of Login Information, you must notify Section immediately and change your Login Information. You must maintain the security and confidentiality of your Account and are responsible for any and all actions that occur under your Account, including purchases and any use of credit card or other payment instruments, whether or not made or authorized by you.
You shall not, and shall not attempt to, purchase, sell, rent or give away your or someone else’s Account. You shall not create an Account using a false, or someone else’s, identity. You are not eligible to, and shall not, create an Account if you have been banned by Section from playing any Section game or using the Service.
2.2. Termination; Suspension; Consequences
IN ADDITION TO ANY OTHER REMEDIES THAT MAY BE AVAILABLE, if you are, or Section believes that you are, violating or failing to comply with, or acting inconsistently with the letter or spirit of any of these Terms, Section may, without notice, restrict, suspeNd, terminate, modify, delete, or remove anything related to accounts or the Service such as game items, privileges, personas, or benefits, access to the service, or any portions thereof. Section has no obligation to compensate you for any such losses or any such actions by Section. Section may also, at its sole discretion, terminate or suspend, or take technical or legal action against users for infringing third party intellectual property rights or creating risk or legal liability for Section. Section may terminate accouNTs that have been inactive longer than 30 days at any time.
Section may, at any time, at its sole election, stop offering and/or supporting the Service or a particular part of it, at which point your license to use the Service or such part shall terminate automatically. In such an event, Section shall have no obligation to provide refunds, benefits or other compensation in connection with such discontinuation. Termination or suspension of the Service and Accounts can result in loss of your ability to access the Service or any part thereof, including content that you or others may have submitted.
You may terminate your Account at any time and for any reason by informing Section via email at that you wish to terminate your Account.
3.1. Games and Service
All right, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Section game client, and the Section game clients and server software) are owned by Section. Section reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
The Services may not be complete or error-free and you are encouraged to provide Section with feedback such as bugs and technical or gameplay issues or ideas. You hereby grant to Section a perpetual, irrevocable, royalty-free, sublicensable, transferable license to use any feedback that you provide to Section, for any purpose or use and in any form or manner throughout the universe.
NOTWITHSTANDING ANYTHING IN THESE TERMS, ALL RIGHTS IN AND TO ANY ACCOUNTS ARE OWNED BY, AND INURE TO THE BENEFIT OF, SECTION. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO OWNERSHIP RIGHTS OR OTHER PROPERTY INTERESTS IN AND TO YOUR ACCOUNT.
3.3. Virtual Items
Section owns or otherwise has rights to use all content that appears in the Service including game items or currency. Notwithstanding anything to the contrary herein, except for licenses granted to you by Section in connection with the purchase of Items, you agree that you have no right or title in or to any such content, whether earned, received, or purchased via the Service, or any other attributes associated with an Account or stored on the Service.
4. User Content
Section has the right, in its sole discretion and without notice, to remove, delete, modify, edit, refuse, ignore, or change in any way any User Content. Nothing contained in these Terms shall create any obligations or liabilities for Section with respect to User Content.
4.1. Screening and Monitoring
Section cannot screen or monitor all User Content and assumes no responsibility or liability for any User Content. Your use of the Service and encounter with User Content is at your own risk. You may be exposed to User Content that you find offensive or inappropriate, and you bear all risks associated with User Content.
Section may, but does not have the obligation to, monitor and/or record user interaction with the Service, including in-game communications. By using the Services, you agree and provide irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy with respect to any User Content that you transmit. Even if Section does monitor the Service from time to time, you understand, acknowledge, and agree that Section nonetheless bears no responsibility for User Content and has no obligation to modify or remove any inappropriate User Content.
4.2. Public Posting
There are many users who are accessing the Services and included features such as forums, in-game communications, and email. Section cannot and does not guarantee that others will not misappropriate any of your ideas or information that you make available to other users. If you have any ideas or information that you wish to keep confidential, do not disclose it on the Service. Section has no responsibility to evaluate, use or compensate you for any ideas or information posted by you to the Service, whether directly intended for Section or not. You are solely responsible for any User Content or other things that you transmit to the Service.
4.3. Your License to Section
You hereby grant to Section an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to use, in any way, including the creation of derivative works, your User Content. You also hereby grant to Section the right to authorize others to exercise any of the rights granted to Section under these Terms. You further hereby grant to Section the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content, without any obligation to you. Except as otherwise required or prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is modified in any manner. Section does not claim any ownership rights in your User Content and nothing in these Terms is intended to restrict any rights that you may have to use and exploit your User Content. Section has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
4.4. User Interactions
You understand that your interactions with other users of the Service occur at your own risk, and you assume such risk by using the Service. You are solely responsible and liable for all of your conduct with respect to other users. Section has no obligation to become involved in any disputes you may have with other users, but reserves the right to do so at its sole discretion. If the security of your Account becomes compromised, or your Account is involved in any unlawful or fraudulent activity, whether through your action or another’s, you agree to cooperate fully with Section in the event Section decides, at its sole discretion, whether any investigation or further action is necessary.
5. Purchases and Payments
When you make a purchase of virtual game items or other goods and services offered by Section or its authorized partners (“Items”) through the Service, for money, Section grants you a limited, personal, non-transferable, non-sublicensable, revocable license to use such Items in Section games. You agree that this license does not confer upon you any property rights with respect to the Items. You shall not transfer, or sell Items to any other user, or buy Items from any user without Section’s express written consent. Section may modify or remove any Items, including changes in price, with or without notice and without compensation or liability to you or any third party. You shall be responsible for, and agree to pay, all fees and applicable taxes incurred by you or anyone using your Account.
ALL PURCHASES MADE UNDER YOUR ACCOUNT ARE FINAL AND NONREFUNDABLE. YOU WILL NOT RECEIVE ANY MONEY COMPENSATION FOR ANY LOST OR UNUSED ITEMS WHEN YOUR ACCOUNT CLOSES, EVEN IF THE LOSS OF YOUR ACCOUNT IS INVOLUNTARY.
6. Updates to the Service
Section may update the Service from time to time at its sole discretion and such updates may make previous versions of the game unplayable. You must accept such updates in order to continue use of the Service. If you do not accept such updates, you may discontinue use of the Service, and your license to use the Service shall terminate. You agree that Section may update the Service without notice to you.
7. Disclaimer of Warranties
WITHOUT LIMITING SECTION'S LIABILITY UNDER SECTION 8 BELOW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF CONDITION, UNINTERRUPTED OR ERROR-FREE USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
8. Limitation of Liability; Sole and Exclusive Remedy
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SECTION SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE SERVICE, WHETHER OR NOT SECTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, SECTION’S MAXIMUM LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO SECTION IN ACCORDANCE WITH THESE TERMS IN THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO SECTION DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND SECTION'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH SECTION IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
9. Indemnity and Release
You agree to indemnify, defend and hold Section (and our officers, directors, agents, affiliates and employees) harmless from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by Section arising out of or related to your use of the Service, or any specific services or features associated therewith, including but not limited to User Content and these Terms.
If you have a dispute with one or more users, you release Section (and our officers, directors, agents, affiliates, and employees) from any and all claims, liabilities, losses, injuries, damages, costs or expenses of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
10. Dispute Resolution and Law; Class Action Waiver
If a dispute arises between you and Section, we strongly encourage you to first contact us directly to seek a resolution.
10.1. IF YOU ARE NOT A RESIDENT OF THE UNITED STATES: If you and Section are unable to resolve any dispute arising out or related to the Service or the Terms informally, then any and all claims one party may have against the other party shall be governed in all respects by California law, without regard to conflict of law provisions. You agree that any claim or dispute you may have with Section must be resolved exclusively by a court located in Los Angeles County, California, and you hereby agree to submit irrevocably to the jurisdiction and venue of any such court in any such claim or dispute. Section may seek injunctive relief in any court having jurisdiction in order to protect any of its rights.
10.2. IF YOU ARE A RESIDENT OF THE UNITED STATES: If you and Section are unable to resolve any dispute arising out of or related to the Service or the Terms informally, then binding arbitration shall be the sole means for one party to formally resolve any claims it may have against the other party. Such arbitration shall be administered by JAMS in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitration Rules (the “JAMS Rules”), as appropriate, excluding any rules or procedures governing or permitting class actions. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the “FAA”) shall apply to the interpretation, applicability, enforceability and formation of this Paragraph 10. Otherwise, California law shall apply to these Terms in all respects. The arbitrator, and not any Federal, State or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these terms, including without limitation any claim that all or any part of these Terms is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Your arbitration fees and your share or arbitrator compensation shall be governed by the JAMS Rules. The parties agree that all arbitration shall be initiated in Los Angeles County, California, exclusively.
10.3. CLASS ACTION WAIVER: EACH PARTY WAIVES THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION, EITHER AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE, OR TO ACT AS A PRIVATE ATTORNEY GENERAL.
11. General Provisions
If any portion of these Terms is found illegal, invalid or unenforceable, such provision shall be severed, or if could be reasonably interpreted in such a way as to cure such illegality, invalidity or unenforceability, shall be so interpreted, and the remaining terms shall remain in full force and effect.
11.2. Entire Agreement
Section may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without your consent. You shall not assign or delegate any rights or obligations under the Terms without Section's prior written consent.
11.4. No Waiver
Section’s failure to exercise or enforce any of our rights under these Terms does not constitute a waiver of Section’s right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by Section.
Except as expressly and specifically set forth in this these Terms, no representations, statements, consents, waivers, or other acts or omissions by Section shall be deemed a modification of these Terms of Service nor legally binding, unless in writing and signed by Section.
Except for notices pursuant to and subject to the dispute resolution terms in Paragraph 10, which shall be governed by applicable law or rule, Section may provide notice to you via postings in the Service, e-mail or any other contact information you provide to us, and all notices given by you, or required from you under these Terms, to Section, shall be in writing and addressed to and include contact information that would allow us reasonably to respond to you. Any notice that you provide without compliance with this Paragraph 11.6. shall have no legal effect.
11.7. Equitable Remedies
You acknowledge that the rights granted and obligations made to Section under these Terms are of a unique and irreplaceable nature, the loss of which shall irreparably harm Section and which cannot be replaced by monetary damages alone so that Section shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, subject to Paragraph 8.
11.8. Force Majeure
Section shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Section, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, acts of God, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
RIVAL: CRIMSON x CHAOS
OFFICIAL TOURNAMENT RULES
Please read these Official Tournament Rules (the “Official Rules”) fully and carefully before participating in any and all tournaments (individually and collectively, the “Tournament”) in connection with the “RIVAL: Crimson x Chaos” mobile game (the “App”).
The Tournament is sponsored by 3BD Holdings Inc. (“Sponsor”). The Tournament is not sponsored, endorsed, administered by, or associated with Apple Inc. or its subsidiaries or affiliates.
The Tournament is skill-based, and the best player for each Tournament will be the Winner (as defined below).
THE TOURNAMENT IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.
IT IS YOUR RESPONSIBILITY TO DETERMINE IF THE COUNTRY, STATE, TERRITORY, OR PLACE FROM WHICH YOU ARE ACCESSING THE TOURNAMENT AUTHORIZES, IN WHOLE OR IN PART, PARTICIPATION AND/OR USE BY YOU OF THE TOURNAMENT, APP, OR ASSOCIATED SERVICES. ANY PARTICIPATION AND/OR USE BY YOU OF THE TOURNAMENT, APP, OR ASSOCIATED SERVICES IS AT YOUR OWN RISK. YOU AGREE NOT TO HOLD COMPANY AND/OR THE SPONSOR LIABLE IF THE APPLICABLE LEGISLATION OR REGULATIONS RESTRICT OR FORBID PARTICIPATION AND/OR USE OF THE TOURNAMENT, APP, OR ASSOCIATED SERVICES IN WHOLE OR IN PART.
IT IS YOUR RESPONSIBILITY TO REVIEW THESE OFFICAL RULES AND THE TERMS CONTAINED HEREIN PERIODICALLY FOR UPDATES, MODIFICATIONS, AND CHANGES. BY ENTERING A TOURNAMENT, YOU ARE AGREEING TO DO SO.
Subject to these Official Rules, the Tournament is open to individual persons who are at least thirteen (13) years old to participate in the Tournament as of the date of entry. However, if the jurisdiction in which you reside requires a higher age of eligibility to participate in promotions similar to the Tournament, such higher age of eligibility shall apply. Individuals who have not reached the age of majority in the jurisdiction in which they reside are required to seek permission from their parent or legal guardian prior to participation in the Tournament. To be eligible to win any Prize, the Winner or such Winner’s parent or legal guardian, as applicable, must sign the tax forms, the Affidavit (as defined below), the Release (as defined below), when, and if, requested by the Sponsor. These Prize documents must be returned to the Sponsor within the applicable time periods identified below.
In addition, to be eligible to receive a Prize (as defined below), the information associated with the entrant’s account must be true and accurate. The information associated with the entrant’s account, or information provided to Sponsor upon being notified of winning, must identify the actual entrant into the Tournament. In order to facilitate the delivery of a Prize, Sponsor may attempt to contact the Winner using the inbox feature within the App. If Sponsor cannot get in contact with the Winner, the Winner may forfeit his/her Prize, at Sponsor’s sole discretion. Any person that enters into a Tournament that he is not eligible to enter, may not win a Prize in that Tournament.
Employees, agents, and contractors (collectively, "employees") of Sponsor, Section Studios Inc., and/or Razer Inc. and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies and any other entity involved in the development or administration of this Tournament, and all persons residing in the same households as employees, including but not limited to immediate family members are not eligible to win the Tournament while the employee is employed or engaged by Sponsor, Section Studios Inc., and/or Razer Inc.
Sponsor reserves the right to verify an entrant’s eligibility before, during, or after a Tournament.
Notice to all international entrants: As stated above, it is your responsibility to comply with the Tournament laws of your country/jurisdiction. You acknowledge that certain countries/jurisdictions have laws regarding the Tournament that may prevent Sponsor from awarding you a Prize. If you are a Winner and this happens to be the case with your country/jurisdiction, you acknowledge that you may not be able to receive any Prize at all from the Sponsor. By entering this Tournament, you acknowledge the risks, and understand that you may win, but not be able to receive a Prize.
Each Tournament will be announced through the App and/or social media. You may join a Tournament only while it is live. Sponsor reserves the right to cancel a Tournament, reschedule a Tournament, postpone a Tournament, and/or modify a Tournament, all in our sole discretion, for any reason or for no reason, without any restrictions, and with or without notice.
HOW TO ENTER:
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. Enter the Tournament by joining the Tournament in the App while it is live.
The Tournament is skill-based, and the best player(s) for each Tournament will be the winner(s), as determined by the rules and features of the App and/or Tournament (each a “Winner”, collectively the “Winners”).
Subject to the eligibility and other terms contained herein, each Winner of the Tournament will receive a prize, as determined by Sponsor in its sole and absolute discretion. Prizes may include cash, merchandise, and Razer products, among others. Additional prizes may be announced.
Each prospective Winner will be required to execute an Affidavit of Eligibility (the “Affidavit”) and Liability and Publicity Release (the “Release”). The Affidavit will confirm that such prospective Winner meets all eligibility requirements for the Tournament and is not in violation of applicable law. In the event such prospective Winner is not the age of majority in the jurisdiction in which he or she resides, the minor’s parent or legal guardian will be required to execute the Affidavit and Release in order for such prospective Winner to claim the applicable Prize. If the prospective Winner or the parent or legal guardian of such prospective Winner, in the event the prospective Winner is not the age of majority, refuses to sign the Affidavit or Release within five (5) business days of being requested to do so by the Sponsor, such prospective Winner may be disqualified. In the event of disqualification, the next highest ranked person participating in the applicable Tournament, to be verified by the Sponsor, will be declared the Winner of such Prize.
Each App user may establish, maintain, use and control only one account. Each account may only be owned, maintained, used and controlled by one individual. For avoidance of doubt, users may not "co-own" accounts. In the event Sponsor determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that Sponsor may have, Sponsor reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any Prizes.
Sponsor will only issue a Prize and any accompanying tax forms, if applicable, to the individual identified in the account information for the winning account. Sponsor uses your account information to contact and verify Winners. Out of date or incorrect account information at the time you enter a Tournament may disqualify you from receiving a Prize. Failure to provide valid, working contact information in connection with your account may result in termination of that App account and forfeiture of any Prize awarded.
Decisions of the Sponsor are final and binding with respect to all matters related to the Tournament. In no event shall the Sponsor be obligated to award any Prize other than the Prize specified in these Official Rules. The Sponsor does not guarantee that the Prize can be made available to the Winner. The Prize is not assignable and not transferable and no substitutions are permitted. In addition, if the Prize is unable to be fulfilled to the Winner due to any applicable law, rule or regulation, or if the Winner cannot claim the Prize for any reason, then Sponsor reserves the right to not award the Prize at all. The Winner shall be responsible and liable for all federal, state and local taxes on the value of the Prize. Winners shall provide Sponsor with accurate information regarding their identity and country of residence.
There will be one (1) Winner for each Tournament. Sponsor will award the Prize to Winners by notifying them as set forth herein. Additional ways of winning prizes may be announced, as determined by Sponsor in its sole and absolute discretion.
Each Tournament will be conducted under the supervision of the Sponsor. The decisions of the Sponsor are final and binding in all matters relating to each Tournament. The Winner will be notified in the App or by email; provided, however, that Sponsor reserves the right to determine an alternate method of notification. The Winner must accept the Prize within seventy-two (72) hours after the date of notification of such Prize. A Tournament Winner's failure to accept the Prize within the specified seventy-two (72) hours will be considered such Tournament Winner's forfeiture of the Prize and Sponsor may, at its option and sole discretion, choose not to award the Prize at all. If an entrant is found to be ineligible, Sponsor may, at its option and sole discretion, choose not to award the Prize at all.
GENERAL CONDITIONS AND RELEASES:
Notice to all international entrants: As stated above, it is your responsibility to comply with the Tournament laws of your country/jurisdiction. You acknowledge that certain countries/jurisdictions have laws regarding the Tournament and other contests that may prevent Sponsor from awarding you your Prize. If you are a Winner and this happens to be the case with your country/jurisdiction, you acknowledge that you may not be able to receive any Prize at all from Sponsor. By entering this Tournament, you acknowledge the risks, and understand that you may win but not be able to receive a Prize.
Notice to all entrants (including international): By entering the Tournament or accepting a Prize, you agree to conform to all federal, state and local laws and regulations. When applicable, the Winner may be required to execute and return (and winning may be conditioned upon the Winner executing and returning) to Sponsor the Affidavit and the Release drafted by Sponsor to be eligible for the Prize. The Winner may be required in Sponsor’s sole discretion to complete relevant documents and tax forms as a condition to the delivery of the applicable Prize. Winner may also be required to furnish proof of identity, address and birth date in order to receive a Prize.
Unless prohibited by applicable law, your acceptance of a Prize constitutes your permission to use your name, submissions, photograph, likeness, voice, address (city and state) and testimonials in all media, in perpetuity, in any manner Sponsor deems appropriate for publicity purposes without any compensation to such entrant or any review or approval rights, notifications, or permissions; and constitutes your consent to disclose your personally identifiable information to third parties (including, without limitation, placing the Winner’s name on a Winner’s list). Notwithstanding any rights of publicity, privacy or otherwise (whether or not statutory) anywhere in the world, your acceptance of a Prize constitutes your authorization to (i) have Sponsor (and its agents, consultants and employees) photograph, record, tape, film and otherwise visually and audiovisually record you, (ii) have Sponsor (and its agents, consultants and employees) use, reproduce, disseminate, alter, edit, dub, modify, distort, add to, subtract from, process and otherwise exploit any results of such activity (including without limitation any manner in which such activity may be recorded or remembered or modified) or derivatives or extensions or imitations thereof in any manner that Sponsor sees fit, in any medium or technology known or hereinafter invented, throughout the universe in perpetuity, including without limitation for illustration, art, promotion, advertising, trade or any other purpose whatsoever; and (iii) have relinquished any right that you may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.
Participation in the Tournament is at entrant’s own risk. Sponsor shall not be liable for: (1) failed, returned or misdirected notifications based on inaccurate information provided by the Winner in connection with an entry; (2) entries and responses to Winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant's ability to participate in the Tournament; (4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile device related to or resulting from downloading the App or otherwise in connection with this Tournament; or (5) any warranty with respect to any Prize or any component thereof.
THE TOURNAMENT IS PROVIDED "AS IS" AND SPONSOR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE TOURNAMENT.
NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, EACH OF SPONSOR, SECTION STUDIOS INC., AND RAZER INC. SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS) (B) AMOUNTS IN EXCESS OF THE PRIZE FOR THE APPLICABLE TOURNAMENT, (C) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (D) ANY MATTER BEYOND SUCH PARTIES’ REASONABLE CONTROL.
By entering the Tournament, you agree to and hereby do release and hold harmless each of Sponsor, Section Studios Inc., Razer Inc., and their respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives (the "Released Parties") from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) that may arise from your acceptance, possession and/or use of any Prize or your participation in this Tournament, or from any misuse or malfunction of any Prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter, and indemnify each of the Released Parties from any damages arising therefrom. Any person attempting to defraud or in any way tamper with this Tournament may be prosecuted to the full extent of the law. Sponsor reserves the right to modify these Official Rules in any way or at any time. Sponsor reserves the right, in its sole discretion, to cancel or suspend this Tournament should viruses, bugs or other causes beyond its control corrupt the administration, security or proper operation of the Tournament. In the event of cancellation or suspension, Sponsor shall promptly post a notice on the App to such effect. This Tournament shall be exclusively governed by California law, without regard to conflicts of laws provisions. By participating in this Tournament, you agree that any dispute or litigation arising from or relating to this Tournament shall be determined by binding arbitration only in Los Angeles County, California, by and under the American Arbitration Association’s rules for arbitration of consumer-related disputes, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, Sponsor may seek equitable relief in any court of competent jurisdiction. If any provision of these Official Rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these Official Rules otherwise remain in full force and effect and enforceable.