subscriber agreement
Patria Partners, LLC and Gametime01.com Subscriber Agreement Updated: December 01, 2020
Patria Partners, LLC (“Patria Partners”) and Gametime01.com (“Gametime01”) (collectively, "we", "us" "our") welcome you to the Gametime01 Service and/or Gametime01.com Service. The “Gametime01 Service" includes the Gametime01 website, application and associated content and services. The “Gametime01 Service" includes the Gametime01 website, application and associated content and services.
PLEASE READ THIS SUBSCRIBER AGREEMENT ("SUBSCRIBER AGREEMENT", OR "AGREEMENT") CAREFULLY BEFORE USING THE GAMETIME01 SERVICE.
THIS AGREEMENT WILL GOVERN YOUR USE OF THE GAMETIME01 SERVICES.
You agree to the Subscriber Agreement by clicking "Agree & Continue" or other industry standard mechanism during the GAMETIME01 registration process and ratify your agreement when you use any aspect of the Gametime01 Service. If you do not agree to the Subscriber Agreement, you may not use the Gametime01 Service. We may amend this Agreement. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the Gametime01 Service. If you do not agree to any change to the Subscriber Agreement you must discontinue using the Gametime01 Service. Our customer service representatives are not authorized to modify any
provision of the Subscriber Agreement, either verbally or in writing.
ANY DISPUTE BETWEEN YOU AND US, EXCEPT FOR SMALL CLAIMS, IS SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THIS AGREEMENT AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
List of Sections
1. User Eligibility and Registration
2. Subscription Terms
3. Copyright License Grant and Restrictions
4. Usage Terms
5. Use and Sharing of Certain Information
6. Suspension and Termination
7. Binding Arbitration and Class Action Waiver 8. Additional Provisions
1. USER ELIGIBILITY AND REGISTRATION
a. Eligibility and Age Limitations. Only residents of the countries where we offer the Gametime01 Service (collectively, the "Territory") are eligible to register for a Gametime01 account. This Subscriber Agreement governs for residents of the United States and all U.S. territories. You must be 18 years of age, or the age of majority in your state or territory of residence, to purchase the Gametime01 Service. Gametime01 Service is provided to individuals for their personal, noncommercial use only. Companies,
associations and other groups may not register for a Gametime01 account or use the Gametime01 Service. Individuals under the age of 13 are not eligible for a Gametime01 account and are not permitted to provide personal information to Gametime01.
b. Registration. Only individuals that have registered for a Gametime01 account, provide certain information (e.g., a valid email address), and agree to the Subscriber Agreement are eligible to use the Gametime01 Service. You are solely responsible for maintaining the confidentiality and security of your username and password and for all activities that occur on or through your Gametime01 account However if you allow others to access your Gametime01 account, this
Agreement, as well any specific consents you
may have provided, also applies to their access,
use, and disclosure of information. You agree to immediately notify Gametime01 of any unauthorized access to your Gametime01 account. Gametime01 will not be responsible for any losses arising from the unauthorized use of your Gametime01 account.
c. Notices. Any notices Gametime01 delivers to you may be made as follows: (i) by email to the last email address provided by you or (ii) by posting a notice on the Gametime01 Service. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person's username, password or other account information, or another person's name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide.
2. SUBSCRIPTION TERMS
a. Subscription and Auto-Renewal. Your subscription to the Gametime01 Service includes enrollment into an ongoing/recurring payment plan. Your subscription(s) will automatically renew at the end of the disclosed billing period, unless cancelled in accordance with the instructions for cancellation below. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless cancelled. We reserve the right to change our pricing. In the event of a price change, we will attempt to notify you thirty (30) days in advance of the change by sending an email to the email address you have registered for your account. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions included in that email and below. If you do not cancel your subscription after the price change takes effect and prior to the start of your new subscription period, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. We will not be able to notify you of any changes in applicable taxes. You are responsible for all third-party Internet access charges and
taxes in connection with your use of the Gametime01 Service. Please check with your Internet provider for information on possible
Internet data usage charges.
b. Free Trials. Your Gametime01 Service subscription(s) may begin with a free trial. Availability of a free trial is not guaranteed and, if one is available, is only available on the specified terms of the free trial to those who have not previously used one for the Gametime01 Service. Your first payment will be charged to your chosen payment method immediately following the free trial, unless cancelled in accordance with the instructions for cancellation below. You can cancel your subscription at any time before the end of your free trial. We provide notice of the terms of the free trial at the time you register and you will not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription has begun.
c. Cancellation and Refund Policy. You can cancel your subscription at any time before the end of the current billing period or free trial. Cancellation will take effect at the end of the current billing period or free trial. To cancel your Gametime01 subscription log in to your account on www.gametime01.com, emailing us at customerservice@gametime01.com. If you subscribed via a third party (e.g. an app store such as iTunes, Google Play or Amazon Store), please visit our Help Center for instructions on how to cancel. Cancellation will only take effect at the end of your current billing period (or end of your free trial), and you will still be able to access Gametime01 until then. We do not refund or credit for partially used billing periods.
d. Payment Details. We will keep your detailed payment information, such as credit card number and expiry date, on file. We may share your payment information within The Patria Partners Company (modern mavrks, etc.), if you consent to such sharing during the purchase process. You are responsible for keeping your payment details up-to-date by changing the details in your account settings. Where your details change or are due to expire, we may obtain or receive from your payment provider updated payment details including your card number, expiry date and CVV (or equivalent). This enables us to continue to provide you access to the Gametime01 Service. You authorize us to continue to charge your card using the updated information. If a payment is not successfully authorized due to expiration,
insufficient funds, or otherwise, we may suspend or terminate your subscription. You also agree that we may charge your payment method on file if you decide to restart your Gametime01 subscription.
e. Subscriptions Obtained Through Third Parties. If you obtain a Gametime01 Service or subscription via a third party (e.g., an app store), that subscription is also subject to the third party's terms, and the provisions in this Subscriber Agreement concerning subscription purchase, billing, cancellation/refunds, and payment do not apply to that subscription to the extent this Subscriber Agreement conflicts with the applicable third party's terms. For subscriptions obtained via a third party, your billing relationship will be directly with the applicable third party. Any fees charged for your Gametime01 Service will be billed by the applicable third party using the payment information you have provided to such third party. To cancel a Gametime01 Service subscription obtained via a third party, please follow the cancellation instructions set out by the applicable third party. You can visit our Help Center for instructions on how to cancel a Gametime01 Service subscription obtained via a third party.
f. Bundled Subscription Options. We may offer a Gametime01 Service subscription bundled with other subscription services, including subscriptions to third-party products and services, e.g., a wireless plan. Notice of the terms of the bundled subscription options will be provided to you at the time you register. Third- party subscriptions, products, and services are governed by terms of use issued by those third parties.
g. Gametime01 Bundle Offer Terms and Conditions. Gametime01 is pleased to offer eligible subscribers with access to Gametime01.com, ("Bundled Services") for $14.99/month plus applicable taxes, that represents a discounted price, as compared to the retail price of each plan when purchased separately ("Bundle"). By purchasing the Bundle through Gametime01, you also agree to the Gametime01 Terms of Use, which are incorporated by reference and govern your use of the Gametime01 Service.
This promotional offer may be modified or terminated at any time. There is no free trial for the Bundle.
1. Eligibility Criteria. The Bundle is only available to residents of the United States and certain U.S. territories and who are 18 years of age (or the age of majority in your state or territory of residence). If you subscribe to the Bundle and are under 18 years of age (or the age of majority in your state or territory of residence), you will be unable to activate your Gametime01 subscription, and your Bundle subscription may be cancelled without notice.
a. Gametime01 Subscribers. You are not eligible to purchase the Bundle if you subscribe to Gametime01 through Gametime01.com, or if you subscribe to Gametime01 pursuant to a promotional offer (unless explicitly permitted by the terms of your promotion or otherwise allowed by Gametime01). If you already have any eligible Gametime01 subscription (purchased through or received from Gametime01 or any third-party other than Gametime01.com) when you purchase the Bundle, you may keep and manage that subscription. You will continue to be billed by Gametime01 or such third-party that currently bills you for that Gametime01 subscription. You must subscribe to the Bundle with the same email address as associated with your existing Gametime01 subscription for Gametime01 to provide you with a monthly credit against the Bundle price in an amount equal to the then-current retail price of Gametime01's ad- supported plan (currently $14.99) for as long as you maintain that separate Gametime01 subscription. If you cancel or otherwise lose access to your separate Gametime01 subscription, or if you change your Gametime01 account e-mail address to be different than your Bundle e-mail address, your subscription to the Bundle will be automatically cancelled. If you cancel your Bundle subscription, however, your separate Gametime01 subscription will continue unchanged.
b. Existing Gametime01 Subscribers. If you already have a Gametime01 subscription when you purchase the Bundle, you may keep and manage that pre-existing subscription. You will continue to be billed by Gametime01 or such third- party that currently bills you for that pre-existing subscription. If you have been given access to Gametime01 on a gratis basis from a third party (e.g., T-mobile), you may continue to take advantage of that promotional offer and purchase the Bundle. You must subscribe to the Bundle with the same
email address as associated with your Gametime01 account (if you have a Gametime01 subscription through a third-party platform and did not create an Gametime01 account, please see section 1(c) below**) for Gametime01 to provide you with a credit against the bundle price in an amount equal to the effective monthly price for your pre-existing subscription or promotional offer for the duration of that offer. If you cancel or otherwise lose access to your pre-existing subscription or promotional offer, you will be charged $14.99 per month for the Bundle and you will continue to have access to the Gametime01 Service. If you are an existing Gametime01 subscriber through a third-party platform, and have not created a Gametime01 account, we are not able to identify you as an existing subscriber when you subscribe to the Bundle. You are responsible for managing your Gametime01 subscription. If you have questions or need assistance, please contact Gametime01 Customer Service.
2. Gametime01 Activation. If you are already a Gametime01 subscriber, no activation is required. If you are not already a Gametime01 subscriber, after you subscribe to the Bundle, you will need to click on the link in your purchase confirmation to create a separate account on Gametime01.com and activate your Gametime01 subscription.
3. Data Sharing. By subscribing to the Bundle, you agree that certain account information (e.g., your e-mail address) will be provided to each Bundled Service for purposes of assessing your eligibility for the Bundle, activating, administering, improving your experience with the Bundle and each Bundled Service, and communicating with you about the Bundle and each Bundled Service. Any such account information received by the Bundled Services will be subject to each Bundled Service provider's respective Privacy Policy.
You also understand that by signing up for the Bundle, you will receive updates, special offers, and other information from Gametime01 and Gametime01.com. You can change your communication preferences at any time from within your Gametime01 account settings or the Privacy Choices website.
4. Separate Apps. You will need to access each
Bundled Service through its respective website or
application to access the content available on
that Bundled Service, and subject to the availability of features and functionalities (e.g., number of permitted simultaneous content streams, content resolution, geographic limitations for access, temporary downloads) for that Bundled Service.
5. Limited Offerings. If you subscribe to the Bundle without maintaining a separate subscription to Gametime01, you will not be able to switch your Gametime01 plan or purchase add-ons offered by Gametime01. For example, if you subscribe to the Bundle, you will not be able to switch to the Gametime01 or Gametime01.com (No Ads) plans through your existing Bundle subscription. However, if you maintain a separate Gametime01 subscription as a Bundle subscriber, you will be able to manage that subscription to the extent permitted by the terms of that separate subscription.
6. Cancellation. You may cancel the Bundle at any time, effective as of the end of your current billing cycle. If you cancel the Bundle and did not have a pre-existing subscription, you will lose access to all Bundled Services. If you cancel the Bundle but maintain a separate Gametime01 subscription or pre-existing Gametime01 or Gametime01.com subscription, you must independently cancel those subscriptions.
h. Gametime01.com may also offer one-time pay per view events. You will be charged for pay per view events at the time of purchase to your chosen payment method.
3. COPYRIGHT LICENSE GRANT AND RESTRICTIONS
a. License. Within the Territory and subject to the terms and conditions in this Subscriber Agreement, Gametime01 and/or Gametime01.com grants you a limited, personal use, non-transferable, non- assignable, revocable, non-exclusive and non- sublicensable right to do the following:
i. Install and make non-commercial, personal use of the Gametime01 Service or Gametime01.com Service; and
ii. stream or temporarily download copyrighted materials, including but not limited to videos, courses, tutorials, modules, other content or informational programming, trailers, bonus materials, images, and artwork (the "Gametime01 Content" or "Gametime01.com Content") that are available
to you from the Gametime01 Service or Gametime01.com Service.
This is a license agreement and not an
agreement for sale or assignment of any rights in the Gametime01 Content or Gametime01.com Content or the
Gametime01 Service or Gametime01.com Service. The purchase of a license to view, stream or temporarily download any Gametime01 Content or Gametime01.com Content does not create an ownership interest in the Gametime01 Content or Gametime01.com Content. Such Gametime01 Content or Gametime01.com Content, including the copyrights, trademarks, service marks, trade names, trade dress and other intellectual property rights in the Gametime01 Content or Gametime01.com Content, are owned by Patria Partners, LLC, its affiliates and/or other licensors, and is protected by the copyright laws of the United States, as well as other intellectual property laws and treaties.
b. Restrictions on Your Use of the Gametime01 Content and Gametime01.com Content. You agree that as a condition of your license, you may not and agree not to:
i. circumvent or disable any content protection system or digital rights management technology used in connection with the Gametime01 Service or Gametime01.com Service to control access to the Gametime01 Content or Gametime01.com Content;
ii. copy the Gametime01 Content or Gametime01.com Content (except as expressly permitted by this Subscriber Agreement);
iii. rebroadcast, transmit or perform the Gametime01 Content or Gametime01.com Content available via the Gametime01 Service and/or Gametime01.com Service;
iv. create derivative works of the Gametime01 Content or Gametime01.com Content; or
v. allow third parties to violate the above restrictions.
c. Restrictions on Your Use of the Gametime01 Service and Gametime01.com Service. You agree that as a condition of your license, you may not and agree not to:
i. move, decompile, reverse-engineer, disassemble, or otherwise reduce to human- readable form the Gametime01 Service or Gametime01.com Service and/or the video player(s), underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the
video player(s);
ii. modify the Gametime01 Service or Gametime01.com Service, including, but not limited to, by removing identification, copyright or other proprietary notices from the Gametime01 Content or Gametime01.com Content or the Gametime01 Service and/or Gametime01.com Service;
iii. access or use the Gametime01 Service or Gametime01.com Service in a manner that suggests an association with our products, services or brands;
iv. use the Gametime01 Service or Gametime01.com Service for any commercial or business related use or in any commercial establishment or area open to the public (e.g., lobby, bar, restaurant, diner, stadium, casino, club, cafe, theater, etc.) or build a business utilizing the Gametime01 Content or Gametime01.com Content or Gametime01 Service or Gametime01.com Service, whether or not for profit;
v. create derivative works of any Patria Partners owned components of the Gametime01 Service or Gametime01.com Service, any updates, or any part thereof, except as and only to the extent that any foregoing restriction is prohibited by applicable law;
vi. bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Gametime01 Service or Gametime01.com Service;
vii. access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Gametime01 Service or Gametime01.com Service using a robot, spider, scraper or other automated means or manual process without our express written permission;
viii. damage, disable, overburden or impair the Gametime01 Service or Gametime01.com Service;
ix. use the Gametime01 Service or Gametime01.com Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Subscriber Agreement;
x. share your login credentials with third parties; or
xi. otherwise allow third parties to violate the above restrictions.
d. Violations. Any attempt to perform any of the restrictions listed in Sections 3(b) and 3(c) above is a violation of the rights of Patria Partners, Gametime01, Gametime01.com, and the copyright holder.
4. USAGE TERMS
a.Gametime01 and Gametime01.com Compatible Devices. Use of the Gametime01 Service and Gametime01.com Service
requires compatible devices, and certain software may require periodic updates, and your use of the Gametime01 Service and/or Gametime01.com Service may be affected by the performance of these elements. You can access Gametime01 Content and Gametime01.com Content with almost any Internet- connected computer or through the Gametime01 or Gametime01.com application available for certain mobile or other devices (Internet connection required) (each, a "Compatible Device"). For specifics concerning supported devices, operating systems, web browsers and optimal streaming support please visit our Help Center. You can add a Compatible Device to yourGametime01 and/or Gametime01.com accounts by downloading the Gametime01 and/or Gametime01.com application(s) to the Compatible Device and by signing into your Gametime01 and/or Gametime01.com account(s) through the application.
b. Internet Connection. You must have a high speed Internet connection in order to access and use certain aspects of the Gametime01 Service and Gametime01.com Service.
c. Viewing/Streaming Gametime01 Content and/or Gametime01.com Content. Gametime01 Content can be streamed through the Gametime01 Service over an active Internet connection. Up to four (4) concurrent streams are allowed for each Gametime01 account at any time. The number of concurrent streams available for use may change from time to time at our discretion.
d. Downloading Gametime01 Content or Gametime01.com Content. Gametime01 Content andGametime01.com Content may be available for temporary download for offline viewing on certain Compatible Devices. Downloads are limited to a maximum of ten (10) Compatible Devices for each of the Gametime01 Service and Gametime01.com Service. You will not be permitted to download to an additional device once the maximum of ten (10) Compatible Devices has been reached for that service. You must connect your Compatible Device to the Internet and access the Gametime01 Service and/or Gametime01.com Service at least once every thirty (30) days for your downloaded Gametime01 Content or Gametime01.com Content to remain available for offline viewing. The length of time that certain temporary downloads remain available to you for offline downloads remain available to you for offline viewing may change from time to time at our discretion.
e. Profiles. Gametime01 offers the option to personalize use of the Gametime01 Service through the creation of one or more profiles under one account. You may designate a profile as a Youth profile, which will restrict viewing of certain Gametime01 Content from within that profile. Please visit our Help Center if you would like more information about Youth profiles.
f. Gametime01 Content Availability. Certain Gametime01 Content available through theGametime01 Service subscription may not be available in all countries or territories within the Territory. Geographic restrictions will be enforced according to the location from which you are accessing the Gametime01 Service, and we may use different technologies and methods to verify your geographic location
g. Gametime01.com Content Availability and Blackouts. . Gametime01.com Content is only available in the United States. Certain live events and other content available through the Gametime01.com Service subscription may be subject to blackouts. For example, if you are in a home television territory of a team participating in a game, then the game may be blacked-out for viewing or live viewing as part of yourGametime01.com Service subscription (or other applicable third-party service). Blackouts will be enforced according to the location from which you are accessing the Gametime01.com Service or the applicable third-party services, and we may use different technologies and methods to verify your location. If you do not enable location access on your device, you will not be able to access the Gametime01.com Service. Subscriptions to third-party products and services that you purchase or access through your Gametime01.com service subscription will also be subject to specific blackout policies of the applicable sports leagues (e.g., Major League Baseball). Such policies may be made available or communicated to you in connection with your purchases of league-specific content. The blackout policies for services available via Gametime01.com are available in the Gametime01.com FAQs.
h. Future Unavailability. It is possible that the Gametime01 Service, Gametime01.com Service, and/or some or all Gametime01 Content or Gametime01.com Content may not be available for streaming or downloading at any given time including (i) during any maintenance or update periods; (ii) any power or server outages; (iii) as a result of war, riots, strikes, social unrest; or (iv) as a result of other matters beyond the control of us or third parties Gametime01 and/or
Gametime01.com. Gametime01 will take reasonable efforts to provide you with as much prior notice as possible;
however, Gametime01 and Gametime01.com shall have no
liability to you in such event. There may be times when we have to remove certain features or functionality and/or devices or platforms from being able to access Gametime01 and/or Gametime01.com. We will do our best to let you know of any of these changes, usage rules and restrictions, but you acknowledge that we may do so in our sole discretion at any time without notice. You also agree that we will not be liable to you for any modification, suspension or discontinuance of the Gametime01 Service and/or Gametime01.com Service, although if you are a subscriber and we suspend or discontinue your subscription to the Gametime01 Service and/or Gametime01.com Service, we may, in our sole discretion, provide you with a credit, refund, discount or other form of consideration. However, if we terminate your account or suspend or discontinue your access to the Gametime01 Service and/or Gametime01.com Service due to your violation of the Subscriber Agreement, then you will not be eligible for any such credit, refund, discount or other consideration.
i. Promotional and Experimental Features. In our continued assessment of the Gametime01 Service and Gametime01.com Service, we may from time to time, with respect to any or all of our users, experiment or otherwise offer certain features or other elements of the Gametime01 Service and/or Gametime01.com Service, including promotional features, user interfaces, plans and pricing. Your use of any updates, modifications to, or replacement versions ofGametime01 and/or Gametime01.com shall be governed by this Subscriber Agreement and any additional terms you agree to when you install such update, modification, or replacement version.
5. USE AND SHARING OF CERTAIN INFORMATION
For more information about our collection, use, and sharing of your information please refer to our PRIVACY POLICY, which is incorporated herein by this reference.
Gametime01 and Gametime01.com reserve the right to, and you agree that Gametime01 and/or Gametime01.com may, release your details to system administrators at other sites and to law enforcement agencies in order to assist them in resolving security incidents and violations of law.
6. SUSPENSION AND TERMINATION
You agree that Gametime01 and/or Gametime01.com may, in its sole discretion and without notice or liability to you, restrict, suspend, or terminate your access to part or all of the Gametime01 Service, Gametime01.com Service, and to any Gametime01 Content orGametime01.com Content if Gametime01 believes you are using or have used the Gametime01 Service and/or Gametime01.com Service in violation of the Subscriber Agreement or applicable law or regulations or in any manner other than for their intended purpose and in accordance with all other guidelines and requirements applicable thereto. Without limiting the foregoing, Gametime01 and/or Gametime01.com may restrict or suspend your access to your Gametime01 and/or Gametime01.com account(s) for cause and upon reasonable notice to you, which may be communicated electronically, which cause includes but is not limited to (a) requests from law enforcement or other government authorities, (b) unexpected technical issues or problems, or (c) if Gametime01 and/or Gametime01.com reasonably believes that your Gametime01 or Gametime01.com account has been created fraudulently, your Gametime01 or Gametime01.com account has been accessed fraudulently, or anyone uses your Gametime01 or Gametime01.com account to commit fraud or for any purpose other than its intended purpose and in accordance with all of the requirements applicable thereto. Gametime01 and Gametime01.com also reserve the right, after notice to you, to terminate any Gametime01 or Gametime01.com account that remains inactive for one year (failure to log in to your Gametime01 or Gametime01.com account will constitute inactivity for purposes of this Agreement).
You agree that Gametime01 and Gametime01.com will not be liable to you or to any third party for any such restriction, suspension, or termination of your access to your Gametime01 or Gametime01.com account or content.
UPON TERMINATION OF YOUR GAMETIME01 OR GAMETIME01.COM ACCOUNT, WHETHER TERMINATED BY GAMETIME01, GAMETIME01.COM, OR AT YOUR REQUEST (OTHER THAN A CANCELLATION OF YOUR SUBSCRIPTION, IN WHICH CASE YOUR SUBSCRIPTION WILL CONTINUE TO THE END OF THE BILLING PERIOD), YOU WILL IMMEDIATELY LOSE THE RIGHT TO ACCESS CONTENT THROUGH THE GAMETIME01 SERVICE AND/OR GAMETIME01.COM SERVICE AND WITHIN A LIMITED PERIOD WILL LOSE THE RIGHT TO VIEW GAMETIME01 CONTENT OR GAMETIME01.COM CONTENT DOWNLOADED WITHIN THE GAMETIME01 SERVICE OR GAMETIME01.COM SERVICE.
7. BINDING ARBITRATION AND CLASS ACTION
WAIVER PROCEEDINGS TO RESOLVE OR LITIGATE A
DISPUTE IN ANY FORUM WILL BE CONDUCTED
ON AN INDIVIDUAL BASIS.
Neither you nor Gametime01 nor Gametime01.com will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.
You and Gametime01 and/or Gametime01.com agree to arbitrate, as provided below, all disputes between you (including any related disputes involving Patria Partners, LLC or its affiliates), that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights. "Dispute" includes any dispute, action, or other controversy, whether based on past, present, or future events, between you and us concerning the Gametime01 Service, Gametime01.com Service, or this Agreement, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and Gametime01 and/or Gametime01.com empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of this Subscriber Agreement are void or voidable.
a. In the event of a dispute, you orGametime01 or Gametime01.com must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to Gametime01 , P.O. BOX970103 COCONUT CREEK, FL 33097 USA, Attention: Legal. We will send any notice of dispute to you at the contact information we have for you. You and Gametime01 and/or Gametime01.com will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before, you or we may commence an arbitration proceeding. You may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
b If you Gametime01 and/or Gametime01.com do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by JAMS Mediation, Arbitration and ADR Services ("JAMS") in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the "JAMS Rules"). The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352- 5267. Arbitration may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in Boca Raton, Florida; provided, however, that if circumstances prevent you from traveling to Boca Raton, JAMS may hold an in-person hearing in your hometown area. You and Gametime01 agree to submit to the exclusive jurisdiction of the federal or state courts located in Boca Raton, Florida in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
In accordance with the JAMS Rules, the party initiating the arbitration (either you or Gametime01 or Gametime01.com) is responsible for paying the filing fee. However, if the arbitrator issues you an award of damages and: (a) that award is greater than the amount of our last written settlement offer; or (b) if we did not make a settlement offer, then in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator's services, we will reimburse you for the filing fees you incurred.
Except as provided above with respect to jurisdiction in Boca Raton, Florida, nothing in this arbitration provision shall be construed as consent by Patria Partners, LLC., Gametime01, Gametime01.com, or their affiliates to the jurisdiction of any other court with regard to disputes, claims or controversies unrelated to the Gametime01 Service, Gametime01.com Service, or this Agreement.
8. ADDITIONAL PROVISIONS
a. You understand and agree that the Gametime01 Content and Gametime01.com Content you receive through the Gametime01 Service and/or Gametime01.com Service is intended for informational and entertainment purposes only; it does not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.
b. Content Subjectivity. Gametime01 Content and Gametime01.com Content tends to elicit varying reactions among different people. You may come across Gametime01 Content or Gametime01.com Content that you find offensive, indecent, explicit or objectionable. Also, content ratings, types, genres, categories, and/or descriptions are provided as suggestions to help with navigation and for informational purposes. We do not guarantee that you will agree with them. You acknowledge these risks and your responsibility for making your own choices regarding what Gametime01 Content or Gametime01.com Content is appropriate for you and your participants.
c. Photosensitivities. Gametime01 Content and Gametime01.com Content may contain some flashing lights sequences or patterns which may affect users who are susceptible to photosensitive epilepsy or other photosensitivities. Additionally, 4K UHD HDR content versions enable greater brightness and color saturation which may also affect users.
d. Content Quality. We use various technologies to provide you with an optimal viewing experience. For example, HD quality is available for certain Gametime01 Content and Gametime01.com Content and 4K Ultra HD quality is available for certain Gametime01 Content. That said, the playback quality of Gametime01 Content or Gametime01.com Content, including resolution, may be affected by the format of the Gametime01 Content or Gametime01.com Content, your location, the speed, bandwidth and specific terms of your Internet service, and the devices used, among other factors. The time it takes you to begin viewing Gametime01 Content or Gametime01.com Content will vary based on a number of factors, including your location, Internet bandwidth, the number of devices simultaneously connecting to the same network, the Gametime01 Content or Gametime01.com Content you have selected, and the configuration of the device you are using. As a result, we are unable to make any warranties about the Gametime01 Content and Gametime01.com Content in these respects.
e. Third-Party Services and Content. The Gametime01
Service or Gametime01.com Service may integrate, be
integrated into, or be provided in connection
with third-party services and content. We do not control those third-party services and content. You should read the terms of use, agreements and privacy policies that apply to such third-party services and content. If you access the Gametime01 Service and/or Gametime01.com Service using a third-party service or device (for example, an Apple iOS, Android or Microsoft Windows-powered device) then Apple Inc., Google, Inc. or Microsoft Corporation, respectively, or another such company that offers a third-party service or device, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to this contract. You agree that your access to the Gametime01 Service and/or Gametime01.com Service using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary's terms of service.
f. Mobile Networks. When you access the Gametime01 Service and/or Gametime01.com Service through a mobile network, your network or roaming provider's messaging, data and other rates and fees will apply. Downloading, installing or using the Gametime01 Service and/or Gametime01.com Service may be prohibited or restricted by your network provider and the Gametime01 Service and/or Gametime01.com Service may not work with your network provider or device.
g. Submissions and Unsolicited Ideas Policies. Our policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us, whether or not solicited by us, you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type. Gametime01 and/or Gametime01.com does not claim ownership over any ideas, suggestions, or other materials submitted; however, as to such materials, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, display, create derivative works, or otherwise exploit them for any purpose without limit as to time manner and frequency of use without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
h. Contact Information.
You may contact Gametime01 as follows: by email at: customerservice@gametime01.com
i. DISCLAIMERS OF WARRANTY; LIABILITY LIMITATION. YOU ACKNOWLEDGE AND AGREE TO THE ESSENTIAL CONDITION THAT THE GAMETIME01 CONTENT AND GAMETIME01.COM CONTENT AS WELL AS THE GAMETIME01 SERVICE AND GAMETIME01.COM SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PATRIA PARTNERS, GAMETIME01, GAMETIME01.COM, AND THEIR AFFILIATES, LICENSORS, AGENTS, AND SERVICE PROVIDERS (COLLECTIVELY, THE "GAMETIME01 ANDGAMETIME01.COM PARTIES") EACH EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, SATISFACTORY QUALITY AND NON-INFRINGEMENT, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. YOU ALSO ACKNOWLEDGE AND AGREE THAT THE GAMETIME01 AND GAMETIME01.COM PARTIES DO NOT WARRANT THAT THE CONTENT AND THE GAMETIME01 SERVICE AND/OR GAMETIME01.COM SERVICE WILL BE WITHOUT ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. THE GAMETIME01 AND GAMETIME01.COM PARTIES DO NOT WARRANT OR OTHERWISE STATE THAT THE GAMETIME01 CONTENT AND/OR GAMETIME01.COM CONTENT AND THE GAMETIME01 SERVICE AND/OR GAMETIME01.COM SERVICE WILL MEET YOUR REQUIREMENTS. YOU AND NOT THE GAMETIME01 AND GAMETIME01.COM PARTIES ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OCCASIONED BY USE OF THE GAMETIME01 CONTENT AND/OR GAMETIME01.COM CONTENT AND THE GAMETIME01 SERVICE AND/OR GAMETIME01.COM SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL THE GAMETIME01 AND GAMETIME01.COM PARTIES BE LIABLE FOR ANY PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE THE GAMETIME01 CONTENT AND/OR GAMETIME01.COM CONTENT OR THE GAMETIME01 AND/OR GAMETIME01.COM SERVICES, HOWEVER CAUSED. NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500). THE LIABILITY LIMITATIONS IN THIS SECTION APPLY UNDER ANY LEGAL THEORY (TORT, CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY OR OTHERWISE) EVEN IF THE GAMETIME01 AND GAMETIME01.COM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
j. Choice of Forum. You agree that any action at law or in equity arising out of or relating to this Agreement that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the borough of Manhattan, New York, New York, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
k. Choice of Law. This Agreement is governed by and construed in accordance with the laws of the State of New York and the laws of the United States, without giving effect to any conflict of law principles.
l. Severability. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.
m. Survival. The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination.
n. Entire Agreement. This Subscriber Agreement and the provisions referenced herein, constitute the entire agreement between you and Gametime01 and/or Gametime01.com pertaining to the subject matter hereof and supersedes all prior or other
arrangements, understandings, negotiations, and discussions, whether oral or written. No waiver of any of the provisions of the Subscriber Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.