User account | MaxArchery

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Terms and Conditions of Use
Terms & Conditions
 GAMES PRIVACY POLICY 

ONLINE SOCIAL NETWORKS AND MOBILE APPLICATIONS AND PLATFORMS


1. General Practice. 
 

	Throughout this policy, reference to  WILDGAME ENTERTAINMENT LLC  shall refer collectively to  WILDGAME ENTERTAINMENT LLC  and its parent company, subsidiaries, affiliates and related corporate entities.

	It is  WILDGAME ENTERTAINMENT LLC’ policy to respect and protect your privacy when visiting one of our sites and/or playing one of our games on the various platforms on which they may be found, including on the web and using your mobile devices. Accordingly, any personal information we collect about you is used strictly to make our site and services better. This Privacy Policy specifically identifies our policy personal information that is collected, used and/or disclosed to third parties with respect to our games and applications which may be found on various online social networks, App stores and mobile platforms (“Platforms”).  

2. Collection of Personal Information. 
 

From time to time,  WILDGAME ENTERTAINMENT LLC may collect personal and non-personal information about a visitor to one of our sites and/or when using or playing one of our games on a Platform. The information that we collect may include, but is not limited to: names, home addresses, e-mail addresses, age, telephone numbers, gender and/or information associated with your account and identification on the Platform on which you access an application published by  WILDGAME ENTERTAINMENT LLC.  

By installing and playing one of our games on a Platform, including without limitation, the App Stores operated by Apple, you are permitting  WILDGAME ENTERTAINMENT LLC to obtain, gather and use the user information on that Platform in accordance with its own terms and conditions. Likewise, if you install and play one of our games on a mobile device such as a mobile phone or tablet computer, we may also such information as your IP address.

We may also collect your personal information online through the following non-exclusive methods:

Customer Service Inquiries and Communications
Registration and use of games on Platforms and 3rd party sites
Creation of a Profile on a Social Media Platform
Postings and Comments on forums, boards, profiles and chat rooms
Use of mobile platforms, including IP Address and Mobile Device ID

 WILDGAME ENTERTAINMENT LLC uses "cookie" technology to enhance a visitor's online experience by making it easier to navigate through our Web site or to make an activity work better on Platforms. Cookies are small pieces of information or files that a Web site puts on a computer's hard disk for record-keeping purposes. Cookies allow a computer to "remember" information from our Web site for future use. The use of cookies is an industry standard and is practiced by most major Web sites and Platforms.  WILDGAME ENTERTAINMENT LLC uses information collected by cookies to learn about our visitors' preferences, so that we can make our Web site and/or our games on Platforms better. The information is about our visitors as a whole, not about individuals.


3. Use of Personal Information. 
 
Information we collect is used to enhance your experience with our games and the services we offer to consumers such as yourself.  More specifically, some of the non-exclusive ways in which we use the information that is collected from you include:

Responding to your technical inquiries and customer service requests
Creating accounts which may be required for you to play our games
Completing purchases and related commercial transactions
Providing you information about new games, features or updates
Enforcement of  WILDGAME ENTERTAINMENT LLC use policies including Terms of Service
Promotional and advertising communications
Other commonly accepted practices 

4. Personal Information Disclosure to Third Parties Regarding Users Under 13. 
 
 WILDGAME ENTERTAINMENT LLC will not disclose information collected from children under the age of thirteen (13) (or from adults for that matter) to third parties unless indicated otherwise or in special cases where  WILDGAME ENTERTAINMENT LLC has reason to believe that disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference (whether intentionally or unintentionally) with  WILDGAME ENTERTAINMENT LLC’ rights or property or anyone else who may be harmed by such actions or if required by law.

5. ADVERTISEMENTS AND LINKS 

 WILDGAME ENTERTAINMENT LLC’ websites and/or Platforms on which our games may be purchased or played may include advertisements and/or links to Web sites operated by third parties that are not sponsors and are not affiliated with  WILDGAME ENTERTAINMENT LLC.  WILDGAME ENTERTAINMENT LLC tries to make sure that when there are links off the  WILDGAME ENTERTAINMENT LLC Web site, they are working and lead visitors to interesting, fun and informative areas. However, it is hard to guarantee what exactly is presented on other sites or where links elsewhere may lead.  WILDGAME ENTERTAINMENT LLC is not responsible for the content, practices, or information provided or requested on Web sites operated by third parties. Further, advertisements on and links to or from  WILDGAME ENTERTAINMENT LLC’ websites and/or on Platforms do not constitute sponsorship, endorsement, or approval by  WILDGAME ENTERTAINMENT LLC of the content, policies, practices or products or services offered on these sites or platforms..

Parents/guardians should check each Web site's privacy policy and terms of use in order to understand their policies and practices regarding the collection and use of personally identifiable information, including the privacy policies of the Platforms (e.g., Apple or Google).  WILDGAME ENTERTAINMENT LLC also suggests that parents/guardians review the privacy policies of all Web sites that their children visit, including those Web sites linking to or from the  WILDGAME ENTERTAINMENT LLC Web sites. Information provided to those Web sites will be subject to the privacy policy posted at that Web site.

6. SECURITY 

The importance of security for all personally identifiable information associated with visitors to  WILDGAME ENTERTAINMENT LLC’ websites and/or its games on Platforms is of utmost concern to us.  WILDGAME ENTERTAINMENT LLC exercises great care and implements a variety of technologies to make the  WILDGAME ENTERTAINMENT LLC Web site as secure as possible against unauthorized access and to protect the information visitors choose to provide to us.  WILDGAME ENTERTAINMENT LLC periodically reviews and updates these measures. Unfortunately, no data transmission over the Internet can be guaranteed to be one hundred percent (100%) secure. As a result, while  WILDGAME ENTERTAINMENT LLC strives to protect a visitor's personal information,  WILDGAME ENTERTAINMENT LLC cannot ensure or warrant the security of any information transmitted to us or from our online products or services, and a visitor does so at his/her own risk.  WILDGAME ENTERTAINMENT LLC uses the industry standard, SSL (secure socket layer) encryption when credit card information is transmitted to us.

7. REVIEW AND DELETION OF PERSONAL INFORMATION 

You may review and delete your personally identifiable information contained in  WILDGAME ENTERTAINMENT LLC records at any time. If you would like to review or delete this information, please contact us at: 
.  support@wildgame.com

8.  YOUR CALIFORNIA PRIVACY RIGHTS

It is the policy of  WILDGAME ENTERTAINMENT LLC that we do not share any of your personal information with third party direct marketers without your express written permission.  That said, pursuant to California law, residents of California with an established relationship with  WILDGAME ENTERTAINMENT LLC are nevertheless entitled to “opt out” of  WILDGAME ENTERTAINMENT LLC’ disclosure of their personal information to third parties for purposes of direct marketing.  Should you wish to “opt out” once you have given  WILDGAME ENTERTAINMENT LLC permission to share this information with a direct marketing third party, then please contact us at:

. Attn: Online Privacy
. admin@maximumarcherythegame.com

9. NOTICE TO ALL CHILDREN 

Never provide any information about yourself on the Internet without your parent's/guardian's permission. Please read  WILDGAME ENTERTAINMENT LLC’ Parental Consent Policy (see below) with your parent's/guardian's before you go any further.  WILDGAME ENTERTAINMENT LLC requires your parents'/guardian's written permission for children under thirteen (13) to provide us with certain information required to get the  WILDGAME ENTERTAINMENT LLC Newsletter, order subscriptions or enter certain clubs etc. on the  WILDGAME ENTERTAINMENT LLC Web sites.


10. COMPANY'S PARENTAL CONSENT POLICY 

 WILDGAME ENTERTAINMENT LLC is committed to protecting the online privacy of children. In accordance with the Children's Online Privacy Protection Act, WILDGAME ENTERTAINMENT LLC will not knowingly collect any personally identifiable information from children under the age of thirteen (13) without first obtaining parental consent.

Prior to providing any personally identifiable information (your name, email address, address, phone number etc.), either by placing an order for merchandise, setting up a  WILDGAME ENTERTAINMENT LLC account on our website and/or through a Platform, entering a contest or sweepstakes (if eligible), or participating in any other activity offered through our website or in connection with our games on Platforms, children under the age of thirteen (13) must have a "Parent" or "Legal Guardian" complete and return (by mail or fax) a Parental Consent Form to  WILDGAME ENTERTAINMENT LLC The consent form states that the child's "Parent" or "Legal Guardian," by his or her signature, consents to the collection and transfer of the child's personally identifiable information. Consent may be revoked by completing a " WILDGAME ENTERTAINMENT LLC Revocation of Parental Consent Form" and sending it to the address or fax number above.

If parental consent has been given,  WILDGAME ENTERTAINMENT LLC will only collect and use personal information (e.g., email address, mailing address, payment method and details) to the extent necessary to administer the requested activity. For example, the information will be used to: 1. To process and fulfill orders for subscriptions; 2. To send the  WILDGAME ENTERTAINMENT LLC Newsletter or other pertinent information by email; and 3. To notify winners of contests and sweepstakes (if children under thirteen (13) were eligible). Information collected may also be used by  WILDGAME ENTERTAINMENT LLC for internal review purposes in aggregate.

 WILDGAME ENTERTAINMENT LLC will not disclose information collected from children under the age of thirteen (13) (or from adults for that matter) to third parties unless indicated otherwise or in special cases where  WILDGAME ENTERTAINMENT LLC has reason to believe that disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference (whether intentionally or unintentionally) with  WILDGAME ENTERTAINMENT LLC’ rights or property or anyone else who may be harmed by such actions or if required by law. 

 WILDGAME ENTERTAINMENT LLC recommends that parents/guardians monitor and supervise the online activities of their children and to consider using parental control tools available which can prevent children from disclosing their name, address, and other personal information without parental permission.

 WILDGAME ENTERTAINMENT LLC also suggests that parents/guardians review the privacy policies of all Web sites that their children visit, including those Web sites linking to or from the  Company Name Web sites and/or the Platform on which one of games may be accessed. Information provided to those Web sites will be subject to the privacy policy posted at that Web site. The fact that another Web site has established a link to or from a  WILDGAME ENTERTAINMENT LLC Web site is not an endorsement of that Web site's privacy policy by  WILDGAME ENTERTAINMENT LLC. 

In the event children under the age of thirteen (13) are eligible, with parental consent, to participate in contests, sweepstakes or other activities offered through our site, we will only collect and use information (e.g., email address, mailing address, name, age) to the extent that it is necessary to administer the activity. We will never require that a child disclose more information than is necessary to participate in an activity as a condition of participation.


11.  CHANGES TO THIS POLICY

 WILDGAME ENTERTAINMENT LLC may change this Privacy Policy from time to time at its sole discretion and will provide notice of all significant changes in the Privacy Policy through indications on this Privacy Policy and in the footer of the web pages with authorized links to this Privacy Policy. 





LIMITED WARRANTY AND LICENSE AGREEMENT
THE SOFTWARE IS LICENSED, NOT SOLD. YOUR USE OF THE SOFTWARE (AS SPECIFIED BELOW) IS SUBJECT TO THIS LIMITED WARRANTY AND LICENSE AGREEMENT FOR END USERS AND THE TERMS AND CONDITIONS SET FORTH BELOW ("AGREEMENT").
For purposes of this Agreement "Software" means all software programs and services made available by WILDGAME ENTERTAINMENT LLC Ltd, its subsidiaries and affiliates ("WILDGAME ENTERTAINMENT LLC") including, but not limited to mobile games, downloadable/installable games for personal computer, and games and services accessed by means of a browser or other online communication method. Software also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.
BY INSTALLING, USING OR ACCESSING THE SOFTWARE OR ANY MATERIALS INCLUDED WITH THE SOFTWARE, YOU HEREBY ACCEPT THE TERMS OF THIS AGREEMENT. If you do not agree to the terms of this Agreement, do not install, use or access the Software.
1 LICENSE
LICENSE. Subject to this Agreement and its terms and conditions, WILDGAME ENTERTAINMENT LLC hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal non-commercial use for gameplay on a single computer or gaming unit, unless otherwise specified in the Software documentation. Your acquired rights are subject to your compliance with this Agreement. The term of your license under this Agreement shall commence on the date that you install or otherwise use the Software and ends on the earlier date of either your disposal of the Software or WILDGAME ENTERTAINMENT LLC termination of this Agreement. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this Agreement should not be construed as a sale of any rights in the Software. All rights not specifically granted under this Agreement are reserved by WILDGAME ENTERTAINMENT LLC and its licensors.
OWNERSHIP. WILDGAME ENTERTAINMENT LLC retains all right, title and interest to the Software, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. The Software is protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the Software may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from WILDGAME ENTERTAINMENT LLC. All rights not expressly granted to you herein are reserved by WILDGAME ENTERTAINMENT LLC.
2 LICENSE CONDITIONS
You agree not to: (i) commercially exploit the Software; (ii) distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the Software, any passwords or usernames or any copies of the Software, without the express prior written consent of WILDGAME ENTERTAINMENT LLC or as set forth in this Agreement; (iii) make a copy of the Software or any part thereof (other than as set forth herein); (iv) make a copy of the Software publicly available or available on a network for use or download by multiple users; (v) except as otherwise specifically provided by the Software or this Agreement, use or install the Software (or permit others to do same) on a network, for on-line use, or on more than one computer or gaming unit at the same time; (vi) use or copy the Software at a computer gaming center or any other location-based site; provided, that WILDGAME ENTERTAINMENT LLC may offer you a separate site license agreement to make the Software available for commercial use; (vii) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the Software, in whole or in part; (viii) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Software, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (ix) misrepresent the source of ownership of the Software; (x) transport, export or re-export (directly or indirectly) into any country forbidden to receive such Software by any U.S. or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time; or (xi) scrape, build databases or otherwise create permanent copies of content returned from the Software.
However, with regards to installable Software that was delivered on a physical storage medium, you may transfer the entire Software and accompanying documentation on a permanent basis to another person as long as you retain no copies (including archival or backup copies) of the Software, accompanying documentation, or any portion or component of the Software accompanying documentation, and the recipient agrees to the terms of this Agreement. The Software is intended for private use only.
The Software may include measures to control access to the Software, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this Agreement. Only Software subject to a valid license can be used to access online services, and download updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Software will not function properly.
The Software may allow you to create content, including but not limited to gameplay maps, screenshots or a video of your game play. In exchange for use of the Software, and to the extent that your contributions through use of the Software give rise to any copyright, design right or any other intellectual or industrial property right you hereby grant WILDGAME ENTERTAINMENT LLC an exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose including, but not limited to the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual and industrial property rights by applicable laws and international conventions. If not expressly prohibited by mandatory legislation, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to WILDGAME ENTERTAINMENT LLC and other players' use and enjoyment of such assets in connection with the Software and related goods and services under applicable law. This license grant to WILDGAME ENTERTAINMENT LLC, and the above waiver of any applicable moral rights, survives any termination of this License.
The Software may require an internet connection to access the Software or its internet-based features, authenticate the Software, or perform other functions. In order for certain features of the Software to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service as set forth in the Software documentation. If you do not maintain such accounts, then the Software or certain features of the Software may not operate or may cease to function properly, either in whole or in part.
3 INFORMATION COLLECTION AND USE; PRIVACY POLICY
By installing, accessing or using the Software, you consent to these information collection and usage terms, including (where applicable) the transfer of data into a country outside of the European Union and/or the European Economic Area or the United States of America.
WILDGAME ENTERTAINMENT LLC respects your privacy rights and recognizes the importance of protecting any information collected about you. WILDGAME ENTERTAINMENT LLC Privacy Policy defines how, why and to which extent WILDGAME ENTERTAINMENT LLC collects and uses personal and non-personal information in relation to WILDGAME ENTERTAINMENT LLC products and services. By installing, accessing or using the Software you explicitly agree with the terms and conditions of WILDGAME ENTERTAINMENT LLC Privacy Policy.
4 WARRANTY
WILDGAME ENTERTAINMENT LLC warrants to you (if you are the initial and original purchaser of the Software) that, to the extent the Software is made available to you on a physical storage medium, the original storage medium holding the Software is free from defects in material and workmanship under normal use and service for 90 days from the date of purchase. If mandatory legislation in your jurisdiction requires longer in excess to the aforementioned 90 days, the length of the warranty is amended accordingly. If for any reason you find a defect in the physical storage medium during the warranty period, WILDGAME ENTERTAINMENT LLC agrees to replace, free of charge, any physical storage medium and related Software discovered to be defective within the warranty period as long as the Software is currently commercially distributed by WILDGAME ENTERTAINMENT LLC. If the Software is no longer available, WILDGAME ENTERTAINMENT LLC retains the right to substitute a similar piece of Software of equal or greater value. This warranty is limited to the physical storage medium and the Software as originally provided by WILDGAME ENTERTAINMENT LLC and is not applicable to normal wear and tear. This warranty shall not be applicable and shall be void if the defect has arisen through abuse, mistreatment, or neglect. Any implied warranties prescribed by statute are expressly limited to the warranty period described above.
When returning the Software subject to the limited warranty above, please send the original Software only to the WILDGAME ENTERTAINMENT LLC address specified below and include: your name and return address; a photocopy of your dated sales receipt; and a brief note describing the defect and the system on which you are running the Software.
NOTWITHSTANDING THE ABOVEMENTIONED WARRANTY FOR PHYSICAL STORAGE MEDIUM, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. WILDGAME ENTERTAINMENT LLC, WILDGAME ENTERTAINMENT LLC’S LICENSORS AND CHANNEL PARTNERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WILDGAME ENTERTAINMENT LLC, WILDGAME ENTERTAINMENT LLC’S LICENSORS AND CHANNEL PARTNERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY WILDGAME ENTERTAINMENT LLC, WILDGAME ENTERTAINMENT LLC’S LICENSORS AND CHANNEL PARTNERS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
5 LIMITATION OF LIABILITY
IN NO EVENT WILL WILDGAME ENTERTAINMENT LLC, WILDGAME ENTERTAINMENT LLC’S LICENSORS OR CHANNEL PARTNERS  BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT WILDGAME ENTERTAINMENT LLC, WILDGAME ENTERTAINMENT LLC’S LICENSORS OR CHANNEL PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION 5, WILDGAME ENTERTAINMENT LLC’S LICENSORS AND CHANNEL PARTNERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS AGREEMENT AGAINST YOU.
BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
IN NO EVENT SHALL WILDGAME ENTERTAINMENT LLC’S, WILDGAME ENTERTAINMENT LLC’S LICENSORS’ OR CHANNEL PARTNERS’ LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE SOFTWARE OR FIFTY EUROS (EUR 50), WHICHEVER LESS.
6 OTHER TERMS AND CONDITIONS
TERMINATION: This Agreement will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all of its component parts and cease and desist from accessing any service components of the Software. With regards to Software delivered on a physical storage medium you can end this Agreement by destroying the Software and all copies and reproductions of the Software and deleting and permanently purging the Software from any client server or computer on which it has been installed.
EQUITABLE REMEDIES: You hereby agree that if the terms of this Agreement are not specifically enforced, WILDGAME ENTERTAINMENT LLC will be irreparably damaged, and therefore you agree that WILDGAME ENTERTAINMENT LLC shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of this Agreement, in addition to any other available remedies.
INDEMNITY: You agree to indemnify, defend and hold WILDGAME ENTERTAINMENT LLC, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the Software pursuant to the terms of the Agreement; or (ii) your breach of this Agreement.
MISCELLANEOUS: This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a written document executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected.
GOVERNING LAW AND DISPUTE RESOLUTION. This Agreement will be governed by the laws of New York without reference to its choice of law rules. The United Nations Convention for the International Sale of Goods shall not apply. Any dispute, controversy or claim arising out of or relating to this Agreement or the breach, termination or validity thereof shall be finally settled at WILDGAME ENTERTAINMENT LLC discretion (i) at your domicile's competent courts; or (ii) by arbitration in accordance with the Arbitration Rules of International Chamber of Commerce. The award shall be final and binding on the parties. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST WILDGAME ENTERTAINMENT LLC AND ITS PARTNERS.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU MAY CONTACT support@wildgames.com
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