TERMS AND CONDITIONS
TERMS OF SERVICE
Please read these Terms and conditions fully before using AEM Gaming Limited’s (AEM Gaming) Services.
Whenever you use the Services we provide, you agree that these Terms and conditions will control the relationship between you and AEM Gaming. If for any reason, you do not agree to all of the terms and conditions, you must not use our Services.
DEFINITIONS
Account — Any account provided by AEM Gaming that you create to access certain Services.
IP Right — Any intellectual property right, including but not limited to any copyright, trademark, patent, trade secret, industrial design right, database right, software, idea, concept, method, invention, content, item, or combinations thereof.
Privacy Policy — AEM Gaming policy regarding privacy.
Service or Services — Any website, application, game, and other related services by AEM Gaming and its affiliates.
Virtual Goods— Digital material AEM Gaming may make available under certain restrictions.
OWNERSHIP AND LIMITED LICENSE — SERVICES LICENSED NOT SOLD
Ownership. All rights, title and interest in and to the Services are owned or licensed by AEM Gaming. AEM Gaming reserves all rights, including without limitation, all IP Rights or other proprietary rights, in connection with the Services.
License. Subject to your agreement and continuing compliance with these Terms of Service and any other relevant AEM Gaming policies, AEM Gaming grants you a non-exclusive, non-transferable, revocable limited license, subject to the limitations in these Terms, to access and use the Services for your own personal entertainment purposes. You agree to not use the Services for any other purpose.
License Limitations. Any use of the Services in violation of these License Limitations is strictly prohibited, and may result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You acknowledge you will not directly or indirectly:
Partake in any activity or action that AEM Gaming deems to be against the spirit or intent of the Services. Copy, distribute or reproduce any Service or related content.
Attempt to harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, or AEM Gaming itself.
Initiate, assist, or become involved in any form of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or other person's use or enjoyment of the Service.
Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a AEM Gaming employee.
Attempt to gain unauthorized access to the Service or Accounts not belonging to you.
Your Account
No matter what else is said in these Terms or anywhere else within the Services, you have no right or title to the Account you create on our Service and your Account is not your property.
Further, we may delete Accounts that are deemed inactive, or for any other reason, with or without notice to you. "Inactive" will be defined by AEM Gaming based on average usage of the Services from other users. If you would like us to deactivate your Account, please alert us here: customerservice@aemgaming.com
USER CONTENT
AEM Gaming assumes no responsibility for the conduct of any user submitting any content created by users ("User Content"), and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We are unable to pre-screen or monitor all User Content and we will not do so. Your use of the Service is at your own risk
When you transmit or upload User Content, you agree to abide by the following rules:
All content will be accurate.
All content will be free of any infringing material.
All content will not be in violation of any law, contractual restrictions, or other parties' rights.
All content will be free of viruses, adware, spyware, worms, or other malicious code.
You hereby grant AEM Gaming a revocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to AEM Gaming the right to authorize others to exercise any of the rights granted to AEM Gaming under these Terms of Service. You further hereby grant to AEM Gaming the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as 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 altered or changed in any manner. AEM Gaming does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. You agree that you can revoke this license only by sending notification to: customerservice@aemgaming.com
FEES AND PAYMENT TERMS
You must be at least the minimum legal age required by the state in which you reside in order to enter into such Matches. If your state of residence does not permit skill-based games to be played for cash or prizes, you must not participate in such Matches. AEM Gaming may at any time require you to provide proof of eligibility to participate in a Match or withdraw funds.
The cost of entry and the value of prizes offered in each Match will be disclosed prior to the commencement of such tournaments. By submitting the Virtual Goods entry fee for any Match, you agree and acknowledge that any entry fee paid is non-refundable and that you may not win the Match. At the beginning of the Match, any Virtual Goods entry fees paid will be removed from the Accounts of any Match participants. Match participants are solely responsible for the payment of any entry fees.
Following the Match, even if the Match closes prematurely, users will report Match results to AEM Gaming within the Services. AEM Gaming will have the sole and absolute discretion to determine the Match results and winners, and by participating in any Match, you agree to be bound by these determinations. After the Match winner has been determined by AEM Gaming, AEM Gaming will retain a fee of ten percent (10%) of all prize amounts earned by the Match winner.
Non-Gambling Website. No gambling is allowed within the Services. The tournaments enabled through the Services utilize skill-based games, meaning the outcome of all relevant games are based predominantly upon the skill of Match participants, not chance. AEM Gaming does not have knowledge of the probability of any particular participant winning a Match, and makes no representations about an individual user’s chances of winning.
Withdrawal. ALL SALES ARE FINAL AND YOU ACKNOWLEDGE THAT AEM Gaming IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Notwithstanding the foregoing provision, within the Services, you may request to withdraw Virtual Goods from your Account in the form of "real world" money (“Withdrawal”). AEM Gaming will have sole discretion regarding any requests for Virtual Goods Withdrawal. AEM Gaming reserves the right to require proof of your identity when you request a Withdrawal, and if such verification is not received then your Withdrawal request will be cancelled. All taxes associated with the receipt of any Withdrawal are the sole responsibility of the user requesting the Withdrawal. Withdrawal privileges will be revoked for security purposes when fraud is suspected. If you are permitted to Withdraw funds from your Account, payment will be issued based upon the manner in which you have purchased Virtual Goods in the past.
Disputes. In the event of a dispute regarding the outcome of a Match, AEM Gaming will request that Match participants provide additional evidence, including but not limited to photo or video evidence of Match results by means of the AEM Gaming website. If you believe there has been a mistake with respect to any distribution of winnings or Withdrawals from your Account, please email us at: customerservice@aemgaming.com. AEM Gaming reserves the right to, in its sole discretion, assess a penalty and terminate your Account. If any winnings are mistakenly credited to an Account, AEM Gaming may automatically deduct such Virtual Goods from your Account upon discovery of such error.
DURATION
Unless modified or amended by AEM Gaming, this agreement and its provisions shall remain in effect. Termination of any license granted by AEM Gaming under this agreement does not affect any other provisions of this agreement.
ACCOUNT ACCESS AND PERMISSIBLE ASSIGNMENT
You warrant and represent that you are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of yourself.
Each Account may only be used by one person. You may not make any assignment or transfer of rights, obligations or liabilities related to this agreement and any attempt by you to do so is null and void.
You may only have one AEM Gaming account. Any accounts that could possibly deemed as a duplicate by will be locked and all funds from primary and duplicate accounts can and will be seized by AEM Gaming.
SERVICE AND AVAILABILITY
You acknowledge that AEM Gaming may in its sole and absolute discretion provide subsequent versions, enhancements, modifications, upgrades or patches related to any part of the Service.
You acknowledge that admission to the Service may be interrupted for reasons within or beyond the control of AEM Gaming, and that AEM Gaming cannot and does not guarantee you will be able to use the Services whenever you wish to do so.
ADDITIONAL WARRANTIES AND REPRESENTATIONS BY YOU
YOU ACKNOWLEDGE THAT AEM Gaming AND AEM Gaming AFFILIATES ARE NOT LIABLE
FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE; OR
FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES.
THE RISK OF USING THE SERVICE RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICE.
TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICE, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF AEM Gaming AND/OR AEM Gaming AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID AEM Gaming AND/OR THE AEM Gaming AFFILIATE IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
IF YOU HAVE NOT PAID AEM Gaming OR ANY AEM Gaming AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH AEM Gaming AND/OR ANY AEM Gaming AFFILIATE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
YOU REPRESENT AND WARRANT THAT YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A UNITED KINGDOM GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE UNITED KINGDOM GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY; AND YOU ARE NOT LISTED ON ANY UNITED KINGDOM GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.
INDEMNITY
You agree to defend, indemnify and hold harmless AEM Gaming, any third-parties under agreement with AEM Gaming any parent, subsidiary or affiliate of AEM Gaming and any employee, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, as well as any person using the Services and any person or entity that becomes aware of your use of the Services at any time, with respect to any and all claims, liabilities, injuries, damages, losses or expenses (including but not limited to attorney’s fees and costs) that arise under, from or in any way, directly or indirectly, relate to:
Your failure to comply with any provision of this agreement;
Your use of the Services, including but not limited to economic, physical, emotional, psychological or privacy related considerations; and
Your actions to knowingly affect the Services via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used.
You acknowledge, and further agree, that AEM Gaming has no obligation to defend, indemnify or hold harmless you in any way related to this agreement including, but not limited to, your use of the Services, use of the Services by any person, or any connection between the foregoing and any other person or entity that becomes aware of your use of the Services at any time.
DISPUTE RESOLUTION
Informal Resolution. With respect to the resolution of any controversy related to this agreement (hereinafter “Dispute”) you agree to try to resolve any Dispute informally for at least thirty (30) days before initiating any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency.
Contact Information. AEM Gaming can be reached at the following address:
AEM Gaming, Kemp House, 152 – 160 City Road, London, EC1V 2NX
Mandatory Binding Arbitration. If you are not able to satisfactorily resolve a Dispute informally within a total of ninety (90) days or if AEM Gaming, in its sole and absolute discretion, determines that it will not be possible to satisfactorily resolve that Dispute informally within a total of ninety (90) days, you agree that either you or AEM Gaming may request resolution by final and fully binding arbitration conducted under the Commercial Arbitration Rules.
YOU UNDERSTAND, AND FURTHER AGREE, THAT YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS AND ANY OTHER PROVISION IN THIS AGREEMENT AND THAT THIS BINDING ARBITRATION PROVISION WILL ELIMINATE YOUR LEGAL RIGHT TO SUE IN COURT AND/OR HAVE A JURY TRIAL WITH RESPECT TO ANY SUCH DISPUTE. Accordingly, you and AEM Gaming agree that neither shall attempt to have any other Dispute related to any other party, including but not limited to any class action, joined to any arbitration in which you are involved. Thus, to the fullest extent permitted by law no arbitration proceeding shall be joined with any other or decided on a class-action basis.
GENERAL PROVISIONS
It is your responsibility to read, understand and accept this agreement in connection with your use of the Services. You acknowledge that AEM Gaming may make changes to the provisions of this agreement at any time and that Section headings in this agreement are for purposes of convenience only.
Force Majeure. Both you and AEM Gaming shall be excused from any failure to perform any obligation under this agreement to the extent such failure is caused by war, terrorism, acts of public enemies, strikes or other labor disturbances, fires, floods, acts of god, or any causes of like or different kind beyond the control of you or AEM Gaming, as applicable under the circumstances.
No Waiver. If We do not enforce a provision of these Terms, or our Privacy Policy, that does not waive our right to do so later. And, if We do expressly waive a provision of these Terms, or our Privacy Policy that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by both you and us to be legally binding.
Waiver. Signed written consent from a legally authorized representative of AEM Gaming is required to waive any provisions of this agreement. Any waiver of any provision of this agreement, intentional or otherwise, shall not be deemed a waiver of any other provisions of this agreement.
Injunctive Relief. You and AEM Gaming acknowledge that breach of this agreement may result in irreparable harm and loss, and upon a breach of this agreement the non-breaching party (i.e. you and/or AEM Gaming) shall be entitled to immediate injunctive relief from a court of competent jurisdiction, which is in addition to, not in lieu of remedies at law and/or any other remedies set forth in this agreement.
Governing Law and Venue. This agreement and any controversy related to this agreement shall be interpreted in accordance with and governed by the laws of the UNITED KINGDOM.
