Game Story

General

1.     GAME STORY PROVIDES A FULL, BEST IN CLASS AND USER-FRIENDLY MOBILE GAMING EXPERIENCE, ALLOWING

OUR USEERS TO PLAY THE MOST POPULAR SKILL BASED GAMES IN THEIR REAL-MONEY TOURNAMENT VERSION (THE “SERVICES”). ANY REFERENCE TO THE SERVICES HEREIN SHALL INCLUDE ANY AND ALL SERVICES, GAMES, WEBSITES, COMPETITIONS, TOURNEMENTS AND OTHER ACTIVITIES WHICH MAY BE OFFERED BY GAME STORY FROM TIME TO TIME, THROUGH MOBILE, DESKTOP OR OTHERWISE. IN ADDITION, “SERVICES” SHALL ALSO INCLUDE ANY MOBILE APPLICATIONS OR OTHER SOFTWRE, UPDATES, UPGRADES, FIXES, PATCHES, APIS AND/OR ANY OTHER SOFTWARE WHICH GAME STORY MAY MAKE AVAILABLE FROM TIME TO TIME (COLLECTIVELY, “SOFTWARE”).

2.     These Terms of Use (these “Terms”) constitute a legally binding agreement that governs the relationship between [Game Story] and yourself (“you”) and your use of the Services and the Software. In these Terms, “Game Story” refers to [Game Story] and its affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership or related companies. We may also refer to Game story as “we” or “us”.

3.     BY ACCESSING OR USING THE SERVICES AND/OR THE SOFTEARE AND ACCEPTING THESE TERMS, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES AND/OR THE SOFTWARE.

4.     By using the Services, including by opening an account with us, to the maximum extent permitted under applicable laws and regulations, you hereby agree that any dispute or claim of whatever nature arising out of or in connection with these Terms and/or the use of the Services shall be resolve by final and binding arbitration in accordance with the “Agreement to Arbitration and Class Action Waiver” paragraph below, which also contains a waiver of your right to participate in class actions against Game Story and its affiliates and related parties.

Changes to Terms or to Services; Rules

5.     Game Story reserves the right, in its sole discretion, to revise or modify these Terms and any Rules (as defined below) as well as our Privacy Policy which can be reviewed at: www.gmstry.com . Game Story may post, publish, change or relace, from time to time, additional terms of use, rules, policies, guidelines and/or similar documents with respect to the use of the Services and/or the Software, including without limitations with respect to specific games, competitions, contests, promotions, affiliation activities, tournaments, withdrawals and payments, refunds, loyalty programs or other activities and features offered by Game Story from time to time (“Rules”). Any reference herein to these Terms shall include also any such Rules, as them may be from time to time. Your continuous use of the Services shall be deemed as acceptance of any such Rules, as they may be from time to time.

6.     Game Story may terminate these Terms in its sole discretion at any time. You are responsible for viewing these Terms periodically in order to make sure you are familiar with the most updated version. Your continued use of the Services after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms. If you do not agree to these Terms, as they shall be from time to time, your only remedy is to discontinue your use of the Services and to close your account. If you use the Services, you must be in full compliance with these Terms.

7.     You understand that the Services are evolving and may change from time to time at our sole and absolute discretion. You may be required to accept updates to the Services, including without limitations, to any games, contests, competitions and/or tournaments offered from time to time by Game Story. You acknowledge that Game Story may perform updates to Software which you have downloaded remotely and agree that Game Story may update the Services and their features with or without notifying you.

8.     We reserve the right, at any time and from time to time, temporarily or permanently, with or without notice, in whole or in part, at our sole and absolute discretion, to: stop offering and/or supporting the Services or any particular game, competition, tournament, etc. or any part of such Services; terminate or suspend your license to use the Service and/or the Software or any part thereof; modify or discontinue the Services; modify or remove any of the information contained in the Services; limit the Services’ availability to any user, geographic area, or jurisdiction; charge fees in connection with the use of the Services; modify and/or waive any fees charged in connection with the Services; and/or offer opportunities to some and all users of the Services. If that happens, Game Story is not required to provide refunds, benefits or other compensation to users in connection with discontinued Services or any features or part of the Services. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, in whole or in part. Your continued use of the Services after such changes will indicate your acceptance of such changes in the Services and in these Terms.

9.     Game Story makes use of various software tools in order to comply with various laws and regulations, including without limitations geo-blocking services, which are meant to ensure that our users are from permitted territories only.

Skill Games

10.  All games, tournament, contests, competitions and other activities provided as part of the Services are games of skill, meaning that the results of such games and other activities are determined by objective criteria described in the applicable Rules for the relevant activity and not by luck.

11.  The users who possess the higher level of skills which are relevant to the specific activity will be able to win this activity over their opponents (who possess the lower level of skills). Game Story does not enable its users to participate in any gambling activity of any kind and the use of the Services for the purpose of conducting, participating, arranging or facilitating any gambling, games of chance or any other activity which is illegal, requires a license or any other permit or approval from any governmental authority is strictly forbidden. 

Registration

12.  If you want to use certain features of the Services you’ll have to register by creating an account and become a registered user of Game Story. Upon registration, we may request that you provide us with certain personal information, such as name, age, gender and contact details. We will use such information only in accordance with our Privacy Policy, located at: www.gmstry.com.

13.  By using our Services and/or accepting these Terms, you are also accepting the terms and conditions of our Privacy Policy, as it may be from time to time.

14.  You agree to supply Game Story with accurate, complete, and up-to-date information, particularly your contact details. You are responsible for updating the above information as needed and you are solely liable to any damage incurred by us or by you as a result of failing to update the above information as required.

15.  In addition, you are responsible for safeguarding the username and password that you use to access the Services and for any activities or actions under your account. You should not disclose or give any other person access to your username and password and to your account. Game Story will not be liable for any loss or damage arising from your failure to comply with the above requirements.

16.  In order to comply with our anti-money laundering (AML) / Know Your Customer (KYC) procedures and policies as well as with applicable laws and regulations, we may require you to provide additional information and documentation, including, without limitations, a scanned copy of a valid personal identification document (e.g. a passport). You agree to update any information and to provide additional information as part of our ongoing efforts to prevent illegal and fraudulent activities, and/or to comply with any other policies we may elect or be obligated to put in place from time to time.

17.  You agree that all information and data that you provide to us either at the time you register for an account or at any subsequent time will be truthful, accurate and verifiable in all respects and, by providing such information and data, you consent to us submitting it to third party providers of age and identification services to verify your account. We reserve the right at any time to investigate your account in order to ensure compliance with these Terms, our KYC/AML policies and procedures and to ensure that no improper or illegal activity is or has taken place.

 Eligibility to Use the Services

18.  In order to be eligible to open an account with Game Story or to use the Services and/or the Software, you must comply with the following terms:

a.     Be a natural person who is at least 18 years of age or older,

b.     Be personally assigned to the email address submitted during your account registration,

c.      Have the power to enter into a contract with Game Story,

d.     Be physically located within the United States when accessing your account and/or using any of the Services or the Software, in a U.S. state in which participation in such activity is unrestricted by that state’s laws, or be physically located in a non-U.S. jurisdiction in which the activities above are permitted and unrestricted by that state or country’s laws, and

e.     At all times be in full compliance with these Terms.

19.  We may change the above conditions or add additional conditions from time to time at our sole and absolute discretion.

Compliance with Laws and Regulations

20.  Game Story does not offer participation in any gambling activity or any other activity which requires a regulatory license or that is otherwise illegal in the territories in which Game Story operates. Anything to the contrary above notwithstanding, your use of the Services may be governed by certain laws and regulations concerning contests, sweepstakes and tournaments with participation fees or prizes, which may vary from state to state or from country to country.

21.  In the event that any such laws or regulations in the specific state and/or country in which you are located prohibit the use of the Services, you are forbidden from using the Services and/or the Software from such state/country and you shall be liable to us for any damage, cost or expenses incurred by us as a result of a breach by you of the above undertaking. Game Story makes no representation with respect to the legality of your using the Services and/or the Software from any state or country now or in the future.

22.  It is your sole responsibility to determine whether the state or country where you are located is a prohibited jurisdiction and you shall not have any claims against Game Story in this regard. In addition, you will indemnify Game Story and hold it (and its affiliates and their respective shareholders, directors, employees and other representatives and related parties) from any damages, costs or expenses, incurred by the above indemnified parties as a result of your use of the Services from a prohibited jurisdiction.

23.  Currently, the following states in the US are considered by Game Story as states which prohibit or might prohibit the use of the Services in their territory: Arizona, Arkansas, Iowa, Louisiana, Maryland, South Carolina, Vermont, Connecticut, Kentucky, Tennessee and Virginia.

24.  Game Story has the right to add or to remove states from the above lists in its sole and absolute discretion. In addition, we may (but are not obligated to) monitor the location from which you are using the Services and block the access from any location from time to time in our sole and absolute discretion.

License and Restrictions

25.  Subject to your compliance with these Terms at all times, Game Story hereby grants you a limited non-exclusive, non-assignable, non-transferable and non-sublicensable license to download and install the Software, on your mobile device (or computer) and to run such software solely for your own personal, non-commercial purposes.

26.  You may not: (i) copy, modify or create derivative works based on the Software or the Services; (ii) distribute, transfer, sublicense, lease, lend or rent the Software or Services to any third party; (iii) reverse engineer, decompile or disassemble the Software or the Services; (iv) use the Services, the Software, any website operated by Game Story or any of Game Story’s systems and/or software in such a way that might be (or might cause Game Story to be) in breach of any laws or regulations, including without limitations, any gambling law, data protection and privacy laws, anti-money laundering laws, securities laws, banking laws, laws related to the use of internet and communications, consumer protection laws, direct marketing laws or otherwise and/or in any other way not specifically permitted by Game Story herein and/or which is not honest or otherwise objectionable to Game Story or to other users of the Services, including without limitations, probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures, access or search or attempt to access or search the Services by any means (automated or otherwise); (v) interfere with, or disrupt (or attempt to do so), the Services or the access of any user, host or network, to the Services; (vi) send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; (vii) use the Services or Content (as defined below), or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not specifically permitted by these Terms.

27.  Without derogating from the generality of the above, you may not engage in or participate in any behavior or conduct that may be deemed to be, in Game Story’s sole and absolute discretion, as unfair methods of participation, including without limitations, by opening or using multiple accounts, buying or selling accounts or granting other third parties (or receiving from other third parties) access to an account, using any software not specifically approved by Game Story to enhance or assist your use of the Services, intentionally poor or otherwise not honest play in order to achieve a competitive advantage, collusion with other users in any activities or committing any fraud.

28.  Without derogating from any other rights or remedies available to us hereunder or under applicable laws and regulations, we may immediately and without a warning terminate or suspend your account in the event that you engage, at our sole and absolute discretion, in any of the above prohibited activities. In such case all of the balance in your account including any prizes (and any amounts due to you) may be forfeited (including if higher than the actual damage which we are aware of at the relevant time) and you shall have no claims against Game Story in this respect.

29.  You may also be required to repay amounts already withdrawn from your account and legal proceeding may be commenced against you. We may also inform the relevant authorities of your behavior (including anti money laundering authorities, tax authorities, the FBI, the police, etc.) and transfer to such authorities any relevant information about you including personal information.

Payments and Winnings

30.  The participation in any activity and the using of the Services may be associated with certain fees which may be changed from time to time at Game Story’s sole and absolute discretion (including adding fees or payments for various existing or new features). We will post the applicable fees for each game, tournament, competition, etc. prior to your entry into the relevant activity. All such fees, unless specifically stated otherwise in writing by Game Story, are non-refundable.

31.  By providing Game Story with a payment method (e.g. a credit card), you represents to us that you are the legal owner of such payment method or that you are authorized to use such payment method, that the payment information you provided us with in regards to such payment method is true, updated and accurate and you irrevocably authorizes us to charge you any fees in connection with any use of the Services by you in accordance with the information regarding such fees posted by us.

32.  You are obligated to inform us of any errors in billing, excess billing, etc. within not more than 30 days after the erroneous billing occurred otherwise you forfeit your right to be reimbursed or compensated for such erroneous billing. We shall have final and exclusive right to determine whether any erroneous billing occurred and in case there is any discrepancy between our records of any transactions to your records, our records will govern. In the event that our investigation of any reporting or erroneous billing has resulted with the conclusion that an erroneous billing actually occurred, we will act to correct the situation within 90 days.

33.  You may be charged with any costs, fees and expenses we incur by investigating any unjustified complains and/or as a result of chargebacks, returns or other actions or omissions by you in breach of these Terms or which have caused any damages, costs or expenses to Game Story.

34.  Game Story is entitled, at its sole and absolute discretion, to set, change and/or cancel, from time to time, any fees, withdrawal rules (including without limitations any minimum withdrawal amount or withdrawal fees), commissions, balance rules (including without limitations minimum balance amounts for certain activities). Please note that by using the Services and participating in any of the activities offered by Game Story you may be charged certain amounts, fees, commissions, etc. by third parties such as your credit card company, your bank, processing companies, etc.

35.  Game Story may grant you from time to time, at its sole and absolute discretion, bonuses or other monetary (or other) incentives. Such bonuses or incentives may be granted subject to certain conditions (e.g. with respect to the withdrawal or use of such bonuses or other incentives). Any such grant may be reversed or cancelled (or changed) by Game Story in the event that we believe, in our sole and absolute discretion, that you have breached any condition, that any condition have not been met or that you have otherwise breached these Terms.

36.  We will not be liable for any damage, costs or expenses incurred by you in case of failure to update us of any changes to your credit card or other payment method (if used by Game Story from time to time at our sole and absolute discretion), any expiration date, billing address or other relevant information, cancellation of credit cards or any other changes. In addition, we will not be liable to any damage, costs or expenses incurred by you as a result of a unauthorized used of any credit card or other payment method or an unauthorized used of your account by any third party.

Intellectual Property Rights and DMCA Notification

37.  The Software and the Services and all intellectual property rights therein  (collectively, the “Game Story IP”) are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

38.  The Game Story IP includes trade secrets and information that is confidential and proprietary to Game Story and you agree to take all necessary actions to protect the confidentiality of such information.

39.  All ownership rights in the Game Story IP, including any related documentation and any new releases, modifications, and enhancements thereto and including any feedback provided by Users, belong solely to Game Story and its licensors, if any, including all intellectual property rights therein. Game Story hereby expressly reserves all rights in the Game Story IP which are not expressly granted to you under these Terms.

40.  We respect the intellectual property rights of others and ask that you do, as well. We respond to notices of alleged copyright infringement that comply with the US Digital Millennium Copyright Act (“DMCA”), the E-Commerce Directive and associated legislation in the EU, and similar or equivalent other local laws that may apply. We reserve the right to terminate any user’s access to the Services if we determine that the User is a “repeat infringer.” We do not have to notify the user before we do this.

User Content

41.  “Content” means any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services and/or the Software.

42.  Game Story does not recommend, endorse, support or make any representations with respect to any Content posted or made available by any user through the Services (“User Content”). In addition, Game Story does not provide any representations regarding the legality, truthfulness, accuracy, or reliability of any Content or User Content posted or distributed through the Services or the Software. Game Story may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or as necessary to conform and adapt to any requirements or limitations of any networks, devices, services or media.

43.  Game Story will not be liable in any way for any Content or User Content, including, but not limited to, any errors or omissions in any Content or User Content, or any loss or damage of any kind incurred as a result of the use of any Content or User Content posted, emailed, transmitted or otherwise made available via the Services or the Software or broadcast or otherwise published elsewhere.

44.  All ownership rights in and to the User Content remain under the exclusive ownership of the Applicable Users, however each User grants Game Story with a worldwide, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content in any and all media or distribution methods (now known or later developed) in connection with Game Story’s business purposes, including without limitations, for marketing purposes, in order to improve the Services and/or the Software and for any other legal purpose.

45.  Subject to the Users’ ownership rights in the User Content, all right, title, and interest in and to the Content in the Software or Services are and will remain the exclusive property of Game Story and its licensors, as is more fully described below in the Intellectual Property section of these Terms.

46.  You represent and warrant that: (i) you have all the rights, power and authority necessary to grant the rights granted herein to your User Content; and (ii) neither your User Content nor any use of your User Content on or through the Services and/or the Software will infringe, misappropriate or violate a third party’s intellectual property rights or result in the violation of any laws or regulations.

47.  You may not post or link to Content and/or User Content that: (i) Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others; (ii) Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights; (iii) Promotes discrimination, hatred or harm against any individual or group; (iv) Is a direct and specific threat of violence to others; (v) Is defamatory, obscene or pornographic; (vi) Is furtherance of illegal activities or otherwise is in breach or might be in breach of any laws or regulations; or (vii) Is harassing, abusive, or constitutes spam. 

Third Party Websites and Links

48.  You understand that the Service and Game Story games may feature advertisements from Game Story or third parties. Game Story’s disclosure of information for third party advertising is addressed in our Privacy Policy. Game Story may provide links in the Services (including in any games, tournaments, contests, etc.) to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving some feature of the Services and/or upgrades (such as in-game currency) or any other offers. Any charges or obligations you incur in your dealings with these third parties are your responsibility alone. Game Story makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from our Services and will not be liable for any claim relating to any third–party content, goods and/or services. The linked sites are not under the control of Game Story and may collect data or solicit personal information from you, or they may automatically collect information from you.

49.  When you use third party services like these, such services may (or may not) ask you for permission to access your information and content. Game Story is not responsible for their content, business practices or privacy policies, or for the collection, use, share or disclosure of any information those sites may collect from you. Your relationship with such third parties (including such third parties’ privacy policies if any) will control how they can use, store, and share your information. Further, the inclusion of any link does not imply endorsement by Game Story of these linked sites and/or services, products, etc.

50.  We are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By accessing, using or downloading the Services, you acknowledge and agree that we have not reviewed all the web sites linked to the Services. Your linking to or use of any third party pages, sites, apps, services or products are at your own risk.

 Disclaimers

51.  You understand and agree that the Software and the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, GAME STORY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONS, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. In addition, we herby specifically exclude any representations with respect to the accuracy of information regarding games statistics (should we post or publish such information at our sole discretion), technical errors in the Services including without limitations in any games, tournaments, competitions, etc., the legality of the Services (including in any specific state or territory). We do not represent that the Services including without limitations any games, competitions or tournaments will be “fair”, that other users will not engage in cheating or in other illegal or objectionable behavior or that the use of the Services will result in any profits to you or in any other result or outcome.

52.  Game Story makes no warranty and disclaims all responsibility and liability for (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content (including without limitation any unlawful use of the Services); (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

53.  Game Story has no obligation to monitor the Services for inappropriate or illegal use by you and/or by other users, including without limitations, the posting of User Content not in compliance with these Terms. However, we have the right, in our sole discretion, to monitor, record, or store your interactions with the Services or your communications with us or with other users when you are using the Services.

54.  Game Story shall not be responsible for the outcome of the games, tournaments, contests, competitions, etc. played by you through the Services and the Software. In addition, Game Story shall not be responsible to any communications and/or other relationships and dealings between you and any other users and shall bear no liability to any damage or costs which you may incur as a result of your usage of the Services and/or engagement with other users, including without limitations, as a result of any users’ actions or omissions.

55.  If you have a dispute with another user, then to the full extent of the law applicable to you, you hereby release the Game Story Parties (as defined below) from responsibility, claims, demands, and/or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute. This includes damages for loss of profits, goodwill, use, or data. If you are located in California, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”

56.  Some jurisdictions limit or prohibit the disclaimer of implied or other warranties so the above disclaimers may not apply to you to the extent the law in such a jurisdiction applies to the agreement between us.

Indemnification and Limitation of Liability

57.  You will indemnify and hold harmless Game Story and its affiliates, and their respective shareholders, officers, directors, employees, advisors, agents and other representatives (collectively, the “Game Story Parties”), from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services, Software and/or Content including without limitations any abuse or wrongful use of the above, (ii) your User Content, (iii) your infringement of any third party rights including without limitations any intellectual property rights, data protection and privacy rights or consumer rights, (iv) your communications with other users or any other engagements between you and any users including without limitations any games, tournaments, contests, competitions or other activities you have participated in and/or the outcome of such activities, or (v) your violation of these Terms or any applicable laws and regulations.

58.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GAME STORY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES AND/OR THE SOFTWARE INCLUDING WITHOUT LIMITATIONS YOUR PARTICIPATION IN ANY GAMES, TOURNAMENTS, CONTESTS, COMPETITIONS OR OTHER ACTIVITIES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

59.  IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GAME STORY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID GAME STORY IF ANY, IN THE PAST THREE (3) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT GAME STORY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. BY ACCESSING OUR SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

Agreement to Arbitration and Class Action Waiver

60.  PLEASE READ THIS SECTION CAREFULLY AS IT IS HIGHLY IMPORTANT AND WILL AFFECTS YOUR RIGHTS WITH RESPECT TO HOW CLAIMS YOU MAY HAVE AGAINST GAME STORY AND CLAIMS GAME STORY MAY HAVE AGAINST YOU WILL BE RESOLVED.

61.  You agree that any claim or dispute at law or equity that has arisen or may arise between you and Game Story, including without limitations, if such claim or dispute relates in any way to or arising out of these Terms or your use of the Services, will be resolved in accordance with the provisions set forth in this Section.

62.  You agree that, except to the extent inconsistent with the Federal Arbitration Act (“FAA”) or preempted by federal law, the laws of the State of Delaware, USA, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and Game Story.

63.  Legal notices shall be served on Gem Story only at the address provided in the contact section (in the case of Game Story) or your email address you provided to us, in your case. Notice by us to you shall be deemed given twenty-four (24) hours after the email is sent. Alternatively, we may give you legal notice by mail to the physical address associated with your account. In such case, notice shall be deemed given three (3) days after the date of mailing, regardless of whether any such notice is returned to us. It is your responsibility to keep your contact information updated.

64.  Game Story will attempt to resolve any dispute with you through informal negotiation within sixty (60) days from the date the notice of the dispute is sent. if the dispute is not resolved within such time period, any and all disputes or claims shall be resolved exclusively through final and binding arbitration. The FAA governs the interpretation and enforcement of this Agreement to Arbitrate.

65.  EACH PARTY HEREBY KNOWINGLY, VOLUNTARY AND INTENTIONALLY, WAIVES (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF ANY DISPUTE ARISING UNDER OR RELATING TO THESE TERMS OR YOUR USE OF OR ACCESS (OR INABILITY TO USE OR ACCESS) TO THE SERVICES. IF AND TO THE EXTENT THIS AGREEMENT TO ARBITRATION DOES NOT APPLY TO ANY CLAIM, THAT CLAIM WILL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY. EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH OF US AGREE OTHERWISE IN A SEPARATE WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. IF A COURT DECIDES THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY OF THIS PARAGRAPH’S PROHIBITIONS ON CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTIONS OR PROCEEDINGS AS TO ANY CLAIM, THEN THAT CLAIM (AND ONLY THAT CLAIM) MUST BE SEVERED FROM THE ARBITRATION AND RESOLVED IN COURT, SUBJECT TO YOUR AND GAME STORY’S RIGHT TO APPEAL THE COURT’S DECISION. ALL OTHER CLAIMS WILL BE ARBITRATED.

66.  The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of the Terms including, but not limited to, any claim that all or any part of this Agreement to Arbitrate or the Terms is void or voidable. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Commercial Arbitration Rules (as Applicable), as modified by these Terms. The arbitration shall be held in Delaware, USA, or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Game Story may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on both parties, subject to the arbitrator’s discretion to require an in-person hearing. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. To the extent permitted by applicable law, any claim or dispute under these Terms must be filed within one (1) year from the date of the cause of action. If a claim or dispute isn’t filed within one year, you acknowledge that you shall have waived and will be deemed permanently barred form bringing such dispute. With the exception of any of the provisions in the class action waiver herein, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.

 Termination and Closing Accounts; Inactive Accounts

67.  Without limiting any other remedies, Game Story may limit, suspend, discontinue or terminate these Terms and/or your account and/or your use of all or any part of the Services and/or the Software, with immediate effect, automatically, with or without notice and without recourse to the courts, for any reason or for no reason, including without limitation if Game Story believes that you are (i) in breach of any of the terms of these Terms, (ii) pose risks or legal liabilities (actual or potential) to Game Story or to other Users, (iii) delinquent with respect to any charges or fees due to Game Story, (iv) infringing a third party’s intellectual property rights or any other rights, or (v) engaging in fraudulent, immoral or illegal activities.

68.  You agree that Game Story is under no obligation to provide the Services and/or the Software and that Game Story shall not be liable to you or to any other party for any limitation, suspension, discontinuance, termination or modification of the Services and/or the Software.

69.  If you choose to close your account, any amounts in your account will be forfeited unless you have requested to withdraw any such funds from your account prior to closing it. In the event that Game Story has closed your account due to a breach of these Terms (at our sole and absolute discretion), any funds in your account may be forfeited.

70.  Game Story may, from time to time, at its sole and absolute discretion, implement policies with respect to inactive accounts, including the periods of inactivity which will cause an account to be deemed as inactive, charging maintenance or other fees from inactive accounts, suspending or closing inactive accounts, etc.  Under our current policy, we may charge maintenance fees of $2 per month any Inactive Accounts (provided that there are any funds in the account). An “Inactive Account” is an account that its owner has not entered any competition or tournament for at least 6 consecutive months. Inactive Account that remain inactive for 12 months or more will be terminated at our discretion.

Governing Law

71.  These terms shall be governed by the laws of the state of Delaware, USA, without regards to conflict of law principles. You hereby consent to the exclusive personal jurisdiction and venue of the state and federal courts of Delaware, USA.

Assignment

72.  Game Story may assign or delegate the agreement between us, as well as any of its rights and/or obligations hereunder, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate the agreement between us and/or any rights or obligations hereunder without Game Story’s prior written consent, which Game Story may withhold at its sole and absolute discretion and any unauthorized assignment and delegation by you is void and ineffective.

Notices

73.  We may provide you with notifications or otherwise contact you for our business purposes, including for marketing purposes or as required by law, all as more fully set forth in our Privacy Policy. Such notifications or other contact may be through email communication, through mail, telephone or other means, subject to your approval of such means by providing to us your contact details (including via registration or the opening of an account or otherwise from time to time). We may also post notifications on our websites or through any Software, all at our sole and absolute discretion. You will be provided with the option of opting out of any such notifications, all subject to applicable laws and regulations, as they shall be from time to time.

Merger and Severability

74.  These Terms constitute the entire agreement between you and Game Story relating to the subject matter hereof, and (except in the case of fraud or made a fraudulent misstatement) supersede all prior understandings of the parties relating to the subject matter hereof, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us. Nothing in this subsection will prevent Game Story from modifying these Terms from time to time.

75.  You and Game Story agree that if any portion of these Terms is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of these Terms, which shall continue to be in full force and effect.

Contact Us

76.  For any questions or comments with respect to these Terms or any of the Services or Software, please contact us at: Support@gmstry.com