1. Introduction
These terms of use (“Terms of Use”), as amended from time to time, are a legal agreement between Ultimate Gaming, Inc., its affiliates and any of their respective successors or assigns (“Ultimate Games,” “Chaotic Games,” “we,” “our” or “us”) and you regarding your use of our websites or applications, or games made available through our websites or applications (collectively, the “Services”).
The Services are offered to you by Ultimate Games and our development and technology partners, suppliers, service providers, licensors and licensees (collectively, “Third-Party Providers”). Your access to and the use of the Services is subject to your acceptance of the terms, conditions, policies and notices contained in these Terms of Use. Your access to and use of the Services constitutes your acceptance, without modification, of these Terms of Use and also our Privacy Policy, located here: https://www.getchaotic.com/privacy-policy, and which is incorporated into these Terms of Use.
In addition, Ultimate Games requires your express acceptance to these Terms of Use when you register to access and use the Services. If you do not agree to be bound by these Terms of Use or the Privacy Policy, then you are not permitted to use or access the Services.
IMPORTANT NOTICE: UNLESS YOU CHOOSE TO OPT-OUT AS PROVIDED FOR IN SECTION 21, THESE TERMS OF USE INCLUDE AN AGREEMENT TO BINDING ARBITRATION OF CERTAIN DISPUTES AND A WAIVER OF CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS. READ SECTION 21 BELOW CAREFULLY.
2. Grant Of Limited License To Use The Services
Subject to the terms and conditions of these Terms of Use, you are hereby granted a limited non-exclusive, non-transferable, revocable license during the term of these Terms of Use to access and use the Services solely as permitted in the Terms of Use.
ALL RIGHTS NOT EXPRESSLY GRANTED IN THESE TERMS OF USE ARE RESERVED BY ULTIMATE GAMES. Ultimate Games has the right at any time for any reason or no reason to change and/or eliminate any aspect of the Services. Your right to access and use the Services is provided at our discretion, and your account may be suspended or terminated at any time and for any reason. Only individual persons may apply for registration, and organizations or companies are not eligible to register for Services without the express written permission of Ultimate Games, which it may withhold in its discretion.
Ultimate Games reserves the right to suspend or interrupt all or any aspect of the Services from time to time with or without prior notice, for any reason including, without limitation, in order to perform maintenance. You acknowledge that the Services may also be interrupted for reasons beyond the control of Ultimate Games and Ultimate Games cannot guarantee that you will be able to access the Services or your User Account (as defined below) whenever you may wish to do so.
3. Eligibility
You are only eligible to register for certain Services if you meet certain requirements as set forth at the time of registration. If you do not meet such requirements, then you may not register for Services.
4. User Account
Certain content and Services that Ultimate Games may offer or that you may wish to access will require that you first register with Ultimate Games and create an account (“User Account”), although a portion of the Services may be accessible without the requirement of a User Account. These Terms of Use apply equally to your access to and use of the Services without establishing a User Account as well as your access to and/or use of the Services for which a User Account is required.
a. Establishing a User Account
To establish a User Account, you may be required to provide Ultimate Games with certain personal information, including without limitation, your first and last name, e-mail address, account information for certain third-party sites or networks such as Twitch or Discord, phone numbers (including cell phone numbers), date of birth, mailing address and zip code that may be used to identify you as an authorized user of the Service. You agree that you will supply accurate information to Ultimate Games when requested, and that you will update that information promptly if it changes. Ultimate Games reserves all rights to pursue legal action against all persons who misrepresent personal information or who are otherwise untruthful about their identity, and to suspend or cancel User Accounts registered with inaccurate or incomplete information.
b. Login Information
During the registration process, you may be required to select a username and a password (collectively, “Login Information”). It is important that you remember your Login Information and that you keep your Login Information in a safe and secure offline location. You may not share or transfer your User Account or the Login Information with anyone other than as expressly set forth in these Terms of Use. You are responsible for protecting the confidentiality of the Login Information, and you will be responsible for all use of your User Account accessed with your Login Information, whether or not authorized by you. Any unauthorized access, use, distribution or transfer of your User Account or Login Information may result in suspension, termination, or cancellation of your User Account and your access to and use of the Services.
c. Security of Your User Account and Login Information.
In the event that you become aware of or suspect unauthorized use of your User Account or Login Information or any other breach of security, you agree to immediately notify Ultimate Games of such use pursuant to the Notice provision below, and ensure that you secure your User Account, Login Information and computer from unauthorized access and use. Once we are notified of any unauthorized use or breach of security, we will attempt to reset your Login Information, which may require you to provide us with a new username or password. In accordance with our Privacy Policy, we have implemented technical, administrative and physical security measures to help safeguard and prevent unauthorized access, use or disclosure of your personal information. Although we use reasonable efforts to safeguard the security of your personal information, transmissions made on or through the Internet and personal information stored on our servers or the servers of Third-Party Providers that we may use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by encryption and are vulnerable to interception during transmission. To the extent allowed by law, Ultimate Games hereby disclaims any liability for security breaches, access to or disclosure of your personal information or the unavailability of the Service or any delay or failure to perform resulting from any causes whatsoever.
d. No Ownership of Your User Account.
YOU AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR USER ACCOUNT, AND THAT ALL RIGHTS IN AND TO THE USER ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF ULTIMATE GAMES.
5. Code Of Conduct
Your use of the Services is governed by certain rules (the “Code of Conduct”) maintained and enforced by or on behalf of Ultimate Games and to which you (and all users) must adhere. It is your responsibility to know, understand and abide by the Code of Conduct. The following rules are not meant to be exhaustive. In addition to the conduct specified below, Ultimate Games reserves the right, in its discretion, to take disciplinary or other measures as it sees fit in response to conduct that it deems unacceptable, including, without limitation, deleting or altering any username or suspending, terminating, or cancelling your User Account and your access to and use of the Services, or terminating any license granted in these Terms of Use, for any reason whatsoever. Ultimate Games reserves the right to modify the Code of Conduct at any time.
a. Unacceptable Online Conduct
Any attempt by you to disrupt, or encourage or promote the disruption of the Services may be a violation of criminal and civil laws. You agree that you will not violate any applicable law, rule or regulation in connection with your use of the Services, nor will you interrupt or attempt to interrupt the operation of the Services in any way, including without limitation, the following:
i. use any unauthorized third-party that intercepts, or otherwise collects, information from or through the Services;
ii. modify or cause to be modified any files that are a part of the Services in any way;
iii. facilitate, create or maintain any unauthorized connection to the Services; or
iv. disrupt or assist in the disruption of any computer used to support the Services or another individual’s access to or use of the Services.
b. Username Rules
Ultimate Games may change your username, block your registration, remove your username from all aspects the Service, and/or suspend or terminate your access to the Service if Ultimate Games determines, at its discretion, that your username is contrary to the terms of these Terms of Use, including, without limitation, the requirements set forth in this Section 5. You may not use any name:
i. that belongs to another person with the intent to impersonate that person or that may mislead others to believe you to be the other person or an employee of Ultimate Games;
ii. that uses vulgar or insulting language or which is otherwise offensive, defamatory, obscene, hateful, or racially, ethnically, or religiously charged, or other language Ultimate Games considers objectionable;
iii. that belongs to a popular culture figure, character, celebrity, media personality or any other name protected by a third-party’s trademark(s), service mark, publicity rights or other proprietary rights;
iv. that is, contains, or is substantially similar to, a trademark or service mark, whether registered or not; or
v. that is related to drugs, sex, alcohol, or criminal activity.
c. Rules Related to Use of Games and Other Content available as part of the Services
If you download or otherwise access a game through the Services (“Game”) or any other content from the provider of that Game (“Third-Party Provider”) and breach the terms and conditions associated with the access and use of such Game as set by the Third-Party Provider, or otherwise use or access such Game or content in a manner that Ultimate Games or such Third-Party Provider deems inappropriate, then your User Account may be immediately terminated or suspended.
6. Communication And Other Features Available In Connection With Games And Other Content Available As Part Of The Services
a. Communication Features
When using or accessing the Services, you understand that you may be exposed to messages, information, data, text, software, graphic files, advertising or other materials, whether in written, verbal, electronic, digital, machine-readable or other form (whether now known or hereafter to become known) from other users (“Third-Party User Material”) and that you might find such Third-Party User Material objectionable. Ultimate Games and its Third-Party Providers do not control the content of any Third-Party User Material and do not guarantee its accuracy, integrity or quality. You understand that any Third-Party User Material sent through or appearing on the Services is the sole responsibility of those users or persons transmitting such Third-Party User Material. This means that you, and not Ultimate Games or its Third-Party Providers, are entirely responsible for all Third-Party User Material that you transmit or receive. Under no circumstances will Ultimate Games or its Third-Party Providers be liable for any content, errors or omissions in any Third-Party User Material or for any loss or damages of any kind incurred as a result of the access to, downloading, viewing, listening, use of or inability to use any Third-Party User Material. Ultimate Games and its Third-Party Providers have no obligation to monitor or supervise Third-Party User Material, and expressly disclaim any representation that such Third-Party User Material will be monitored or supervised. You agree that you have no expectation of privacy in connection with any Third-Party User Material. You also agree to indemnify and defend and hold Ultimate Games and its Third-Party Providers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of, your violation of these terms and conditions or your violation of any rights of another.
b. Purchase Features
Some Games offered by way of the Services or otherwise referenced on the website may include the ability to make purchases within the Game itself (also referred to as “In-Game Purchases”) This can include the ability to purchase additional content or access additional features without having to leave the Game. You may also have the ability to purchase items directly from Ultimate Games. The device on which you are accessing the Services may include settings that prevent access to certain features or content, which may allow you to turn off the ability to make In-Game Purchases. Please review your settings on your device or seek advice from your data carrier or the manufacturer of your device on how to change your settings or enable restrictions.
c. Social Network Access
When using some applications offered by way of the Services or otherwise referenced on the Ultimate Games website, you may have the ability to access a social network, including, but not limited to Discord and Twitch. If you access a social network, you may need to share information (some of which could be personally identifiable information).
d. Subscription Features
Some applications offered by way of the Services or otherwise referenced on the Ultimate Games website may include the ability to subscribe to a Service. The following details shall govern any subscriptions unless otherwise provided in additional terms applicable to the specific subscription as published by Ultimate Games from time to time:
i. The first payment for any subscription will be charged to your User Account upon registration.
ii. The subscription will automatically renew thereafter for the subscription period specified by you at signup unless auto-renew is turned off at least 24 hours before the end of the current period.
iii. Your User Account will be charged for renewal within 24 hours prior to the end of the current period, and will identify the cost of the renewal.
iv. Subscriptions may be managed by you, and auto-renewal may be turned off, by going to your User Account settings after purchase.
v. No cancellation of a current subscription is allowed during the active subscription period. Instead, cancellation of a subscription will disable auto-renewal at the end of the current subscription period.
7. Ownership
Nothing contained in these Terms of Use shall be construed as conferring any license or right, by implication, estoppel or otherwise without the written permission of Ultimate Games. You acknowledge that all rights, ownership, intellectual property and title in and to the Services, including without limitation any User Accounts, Login Information, titles, Games, trademarks, trade names, service marks, moral rights, computer code, themes, objects, catch phrases, locations, concepts, artwork, animations, sounds, music, video, photographs, opinions, images, text, audio-visual effects, or methods of operation and any documentation related to any of the aforementioned items (collectively, “Materials”) are owned and controlled by Ultimate Games or its Third-Party Providers. You may not use, copy, reproduce, create derivative works from, perform, publicly display, adapt, upload, modify, edit, publish, post, transmit, participate in the transfer or sale, license, distribute or exploit, in any way whatsoever, the Materials contained in the Services without the express written permission of Ultimate Games or its Third-Party Providers. Any modification of the Materials or any portion thereof, or unauthorized use of the Materials for any other purpose, constitutes an infringement of Ultimate Games’, or its Third-Party Providers’, copyrights and other proprietary rights and, for clarity, nevertheless are created for Ultimate Games or its Third-Party Providers’ sole and exclusive benefit, and are owned and controlled by Ultimate Games or its Third-Party Providers.
You will retain ownership of any materials you may submit (e.g., by uploading or transmitting) via the Services (“User Content”), and Ultimate Games and, as applicable, its Third-Party Providers, shall have a nonexclusive, irrevocable license to, throughout the universe and in perpetuity, use, copy, reproduce, create derivative works from, perform, publicly display, adapt, translate, upload, modify, edit, publish, post, transmit, participate in the transfer or sale, sublicense, distribute or exploit, in any way or purpose whatsoever, any User Content, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to the provider of the User Content. You also give up and agree to never assert any claim that any use by Ultimate Games or its Third-Party Providers of any Materials or User Content violates any of your rights, including but not limited to moral rights, privacy rights, rights of publicity, proprietary rights, or rights to credit for the material or ideas set forth therein.
8. Digital Millennium Copyright Act
a. We respect the intellectual property rights of others and request that users of the Services respect the intellectual property rights of others as well. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will remove any content that allegedly infringes another party’s copyright and reserve the right to suspend, terminate, or cancel a User Account or a user’s access to and use of the Services if a user is found to be a repeat infringer. If you believe your work has been copied and is accessible through the Services in a way that constitutes copyright infringement, you may notify our designated copyright agent (specified below) in writing with the following and in the form required by 17 U.S.C. 512 of the United States Copyright Act:
i. provide your physical or electronic signature;
ii. identify the copyright work that you believe is being infringed;
iii. identify the item in the Services that you think is infringing your work and include sufficient information about where the material is located on the website;
iv. provide us a way to contact you, such as your address, phone number or email address;
v. provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, or its agent, or the law; and
vi. provide a statement by you, made under penalty of perjury, that the information you provide in your notice is accurate, and that you are authorized to act on behalf of the copyright owner whose work is being infringed.
b. Interim Designation of Agent to Receive Notifications of Claimed Infringement, pursuant to 17 U.S.C. 512(c) of the United States Copyright Act:
Ultimate Gaming, Inc.
Email: copyright@getchaotic.com
Attn: DMCA Agent
[Address]
9. Third-Party Websites
When accessing and using the Services, you may be directed to third-party or external websites that are not affiliated with Ultimate Games (“Third-Party Websites”). Ultimate Games and its Third-Party Providers are not responsible for the availability of Third-Party Websites, and do not endorse, and are not responsible or liable for any content, advertising, products, or other materials contained on Third-Party Websites. Ultimate Games has no control over Third-Party Websites and therefore your access to any Third-Party Websites is at your own risk. Ultimate Games and its Third-Party Providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, inability to use, or reliance on any content, advertising, products, or other materials contained on Third-Party Websites. We recommend that you carefully review any terms and conditions, privacy policies and any other legal documents that may be contained on any Third-Party Websites.
10. Submissions
If you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively the “Submissions”) such Submissions shall be deemed and shall remain the property of Ultimate Games in perpetuity. By making any Submission, the sender automatically grants, or warrants that the owner of such material expressly grants, Ultimate Games the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) throughout the universe and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for any purpose that Ultimate Games chooses, whether internal, public, commercial, or otherwise, without any compensation, credit or notice to the sender whatsoever. The sender waives all so-called “moral rights” in all Submissions. The sender further waives the right to make any claims against Ultimate Games relating to unsolicited Submissions, including, but not limited to, unfair competition, breach of implied contract and/or breach of confidentiality.
11. Changes To The Agreement
Ultimate Games reserves the right, at its discretion, to change, modify, add to, supplement or delete any of the terms and conditions of these Terms of Use at anytime, for any reason, including but not limited to, the availability of any feature of the Services, hours of availability, content, data, software or equipment needed to access the Services. Ultimate Games will post a notice of such changes on its website pursuant to the Notice provision below. If any changes to these Terms of Use are unacceptable to you or cause you to no longer be in compliance with these Terms of Use, you must immediately stop accessing or using the Services. Your continued use of the Services following any notice of revisions to these Terms of Use constitutes your complete and irrevocable acceptance of any and all such changes.
12. Notice
In accordance with provisions in these Terms of Use requiring Ultimate Games give notice to you, Ultimate Games will do so by means of a general notice on its website, electronic mail to your email address on record in your User Account (if you have created a User Account), or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record (if you have created a User Account), the choice of which being at Ultimate Games’ discretion. Any provisions in these Terms of Use requiring you to give notice to Ultimate Games can be done so by means of email to: termsandconditions@getchaotic.com or by first class mail, postage prepaid, or overnight courier to:
Ultimate Gaming, Inc.
[Address]
[ATTN: ]
13. Termination
Either Ultimate Games or you may terminate these Terms of Use and your User Account at anytime. You may terminate these Terms of Use and your User Account by contacting Ultimate Games and deleting your User Account as set forth in the Privacy Policy and then subsequently no longer accessing or using the Services. Ultimate Games may terminate these Terms of Use by asking you to stop using the Services, and, if necessary by preventing your access to the Services and your User Account. Ultimate Games shall have the right to suspend, terminate, cancel, modify, or delete these Terms of Use at any time for any reason or for no reason, with or without notice to you. IF YOU VIOLATE ANY OF THE TERMS OR CONDITIONS OF THESE TERMS OF USE, ULTIMATE GAMES RESERVES THE RIGHT TO IMMEDIATELY SUSPEND, TERMINATE, OR CANCEL, IN ITS DISCRETION AND WITHOUT NOTICE TO YOU, YOUR USER ACCOUNT OR ACCESS TO THE SERVICES. UPON TERMINATION OF THESE TERMS OF USE OR YOUR USER ACCOUNT, YOU WILL HAVE NO FURTHER RIGHTS TO ACCESS OR USE THE SERVICES.
14. WARRANTY DISCLAIMER
THE SERVICES ARE PROVIDED “AS IS”. NEITHER ULTIMATE GAMES, ITS THIRD-PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY MATERIALS IN THE SERVICES, THE SERVICES, OR ANY ULTIMATE GAMES PRODUCTS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, MAKE ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION, THAT THE SERVICES OR THEIR COMMUNICATION FEATURES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ULTIMATE GAMES EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. ULTIMATE GAMES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, SECURITY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS IN THE SERVICES OR ANY CONTENT, MATERIALS OR SERVICES ON ANY THIRD-PARTY WEBSITES. THIS SECTION 14 SHALL SURVIVE ANY EXPIRATION, TERMINATION OR CANCELLATION OF THE SERVICES AND/OR THESE TERMS OF USE OR ANY DETERMINATION THAT THESE TERMS OF USE OR ANY PORTION OF THESE TERMS OF USE IS VOID OR VOIDABLE.
15. LIMITATION OF LIABILITY
NEITHER ULTIMATE GAMES, ITS THIRD-PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE MATERIALS OR THE SERVICES OR ANY ULTIMATE GAMES PRODUCTS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION (EVEN IF ULTIMATE GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE) RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE SERVICES; (B) THE BREACH OF ANY REPRESENTATION OR WARRANTY (OTHER THAN THE LIMITED PRODUCT WARRANTY SET FORTH IN PARAGRAPH 14, ABOVE); (C) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ULTIMATE GAMES OR ANY THIRD-PARTY PROVIDER; (D) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES OR ANY ULTIMATE GAMES PRODUCT; OR (E) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION INTERNET SERVICE DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE.
IN NO EVENT SHALL ULTIMATE GAMES, ITS THIRD-PARTY PROVIDERS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE MATERIALS, THE SERVICES, OR ANY ULTIMATE GAMES PRODUCTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES. ULTIMATE GAMES DOES NOT WARRANT THAT YOU WILL BE FREE FROM THE BEHAVIOR OF OTHERS YOU MAY DEEM INSULTING, DEMEANING, OFFENSIVE, THREATENING, OBSCENE, LIBELOUS, DEROGATORY OR HARASSING WHILE ACCESSING OR USING THE SERVICES. IN THE EVENT ULTIMATE GAMES CHOOSES NOT TO TAKE ANY ACTION, TAKES AN ACTION WITH WHICH YOU DO NOT AGREE OR IS UNABLE TO TAKE ANY ACTION FOR ANY REASON WHATSOEVER, IN NO EVENT SHALL ULTIMATE GAMES ITS THIRD-PARTY PROVIDERS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY MATERIALS IN THE SERVICES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, BE LIABLE TO YOU OR TO ANY THIRD-PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR EMOTIONAL DISTRESS, OR OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USER ACCOUNT OR YOUR ACCESS TO AND USE OF THE SERVICES.
SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR DISCLAIMERS IN WHICH CASE SOME OF THE WARRANTIES OR DISCLAIMERS PROVIDED IN THESE TERMS OF USE MAY NOT BE APPLICABLE. TO THE EXTENT THAT THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION 15 IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, ULTIMATE GAMES’ TOTAL LIABILITY ARISING FROM THESE TERMS OF USE AND SOLE OBLIGATION WITH RESPECT TO DAMAGES SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100.00). THIS SECTION 15 SHALL SURVIVE ANY EXPIRATION, TERMINATION OR CANCELLATION OF THE SERVICES AND/OR THESE TERMS OF USE OR ANY DETERMINATION THAT THESE TERMS OF USE OR ANY PORTION OF THESE TERMS OF USE IS VOID OR VOIDABLE.
16. Force Majeure
Ultimate Games shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Ultimate Games, including without limitation, any failure to perform hereunder due to unforeseen circumstances, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, tornados, hurricanes, pandemics, accidents, strikes, internet interruption, denial of service attack, hacking or shortages of transportation facilities, fuel, energy, labor or materials.
17. Consent to Monitor
In accordance with the terms and conditions of these Terms of Use and our Privacy Policy, and for purposes of monitoring and improving our quality of service and enforcing the terms and conditions of these Terms of Use, you hereby acknowledge and agree that:
a. When you access and use the Services, we may obtain certain information about your computer and its operating system, including but not limited to your IP address(es), browser and browser version, screen resolution, and operating system(s), for purposes of improving the Services, and to enforce the provisions of these Terms of Use.
b. We may, with or without notice to you, disclose your Internet Protocol (IP) address, personal information, and other information about you and your activities (i) in response to a request by law enforcement, a court order or other legal process or (ii) if we believe that doing so may protect your safety or the safety of others.
c. We may utilize Third-Party Providers who may, on our behalf, utilize “cookies”, which are text files placed on your computer, to help us analyze how visitors use the Services. The information generated by the cookie about your use of our Services will be transmitted to and stored on such Third-Party Provider servers and may be accessed by us. Our Third-Party Providers may use this information to help us evaluate how our websites are used and may also transfer this information to third parties where required to do so by law, or where such third parties process the information on their behalf. By using this website, you consent to the processing of data about you by any such Third-Party Providers in the manner and for the purposes set out above and as more particularly detailed in our Privacy Policy. Third-party sites and services you access through our Services may also employ cookies.
18. Non-U.S. Residents
The Services are controlled and operated by Ultimate Games from its offices within the State of California, United States of America. Ultimate Games makes no representation that the Materials or Services are appropriate or available for use in other locations. Those who choose to access the Services from other locations do so at their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable, and payment of any applicable internet fees or fees charged by an internet service provider. Software from the Services is further subject to United States export controls. No software from the Services may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan, or any other country to which the U.S. has embargoed goods or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
19. Indemnity
You agree to indemnify, defend and hold Ultimate Games, its Third-Party Providers, or any person or entity involved in creating, producing, or distributing any Materials or the Services, or any of their respective directors, officers, employees or agents, harmless from and against any and all damages, costs, losses and expenses, including reasonable attorney fees and court costs relating to or arising directly or indirectly from any suit, claim, demand or settlement based upon your posting or uploading any content using any Communication Feature or your failure to comply with these Terms of Use or your violation of any third-party right or your violation of any law, rule or regulation of the United States or any other country.
20. Injunctive Relief
You agree that a breach of these Terms of Use will cause irreparable injury to Ultimate Games and/or its Third-Party Providers for which monetary damages would not be an adequate remedy. Accordingly, Ultimate Games shall be entitled to seek and obtain equitable relief, including, without limitation, injunctive relief, in addition to any other remedy to which it may be entitled under these Terms of Use or applicable law, without the need to post bond or other form of security, or provide proof of damages.
21. Dispute Resolution
a. Informal Resolution
To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Use or the Privacy Policy (“Dispute”), you and Ultimate Games agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days prior to initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person or entity to the other in accordance with the Notice section above.
b. Binding Arbitration
Any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Francisco, California, before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment may be entered in any court having jurisdiction. Notwithstanding the foregoing, Ultimate Games may seek (and obtain) injunctive or other equitable relief in any court of competent jurisdiction. Without limiting or waiving any right or remedy to which Ultimate Games or its assigns may be entitled under these Terms of Use or applicable law, in the event of any actual or threatened breach of these Terms of Use by you or on your behalf, Ultimate Games would be irreparably damaged if these Terms of Use were not specially enforced and, as such, you agree that Ultimate Games shall be entitled, without the need to post bond or other security or provide proof of damages, to obtain injunctive relief or other equitable relief in any court of competent jurisdiction. You may not, in any circumstance, seek to enjoin or limit the availability of any of Ultimate Games’ products or services. To the full extent permitted by law: (a) no arbitration shall be joined with any other; (b) there is no right or authority for any claim related to these Terms of Use or any of Ultimate Games’ products or services to be arbitrated on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any claim to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND ULTIMATE GAMES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Ultimate Games agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
c. JURY WAIVER.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS OF USE, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION 21, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. YOU UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
d. Restrictions
You and Ultimate Games agree that any arbitration shall be limited to the Dispute between Ultimate Games and you individually. To the full extent permitted by law, (i) no arbitration shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
e. Exceptions to Informal Resolution and Binding Arbitration
You agree that Ultimate Games may choose, at its option and discretion, to exclude the following Disputes from (and, as such, the following Disputes will not be subject to) the above provisions concerning informal resolutions and binding arbitration: (i) any Dispute related to or arising from allegations of theft, piracy, invasion of privacy or the unauthorized use of Ultimate Games’ or its Third-Party Providers’ intellectual property and/or intellectual property rights; and/or (ii) any claim by Ultimate Games for injunctive or other equitable relief.
f. Location and Jurisdiction
Any arbitration will be initiated in and take place in the County of San Francisco, State of California, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, including without limitation the Disputes contained in Section 21(d), shall be decided by a court of competent jurisdiction wherever located, including, without limitation, in the County of San Francisco, State of California, United States of America, and you and Ultimate Games agree to submit to the personal jurisdiction of such courts.
g. Severability
You and Ultimate Games agree that if any portion of this Section 21 (Dispute Resolution and Governing Law) is found illegal or unenforceable (with the exception of 21(d)), that portion shall be severed and the remainder of this section shall be given full force and effect. If Section 21(d) is found to be illegal or unenforceable then neither you nor Ultimate Games will elect to arbitrate any Dispute falling within that portion of Section 21(d) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the County of San Francisco, State of California, United States of America, and you and Ultimate Games agree to submit to the personal jurisdiction of that court.
h. Right to Opt Out.
You may opt out of this agreement to arbitrate. If you do so, neither you nor Ultimate Games can require the other to participate in an arbitration proceeding. You may opt out by emailing us at termsandconditions@getchaotic.com or sending us written notification at Ultimate Games, Inc., [Address], Attn: Term. You must notify us by emailing or posting within 30 days of the date that you first became subject to this arbitration provision, and must your notification must include your name and residence address, the email address you use for your account (if you have one), and a clear statement that you want to opt out of this arbitration agreement. Your decision to opt-out of arbitration will have no adverse effect on your relationship with us. Unless you choose to opt out, this dispute resolution provision in Section 21 shall survive termination of the Terms.
22. Governing Law
Except as expressly provided otherwise, these Terms of Use shall be governed by, and will be construed and enforced under, the laws, rules and regulations of the United States of America and the laws, rules and regulations of the State of California, excluding conflict of law rules and principles.
23. Miscellaneous
Notwithstanding Section 21(g), if any other provision of these Terms of Use shall be held invalid or unenforceable, in whole or in part, such provision shall be deemed severable from these Terms of Use, and the validity and enforceability of all other provisions of these Terms of Use shall not be affected thereby. These Terms of Use constitute the entire agreement between the parties hereto relating to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings of the parties. Sections 6, 7, 9, 12, 13, 14, 15, 18, 19, 20, 21, 22, and 23 shall survive the expiration, termination or cancellation of the Services and/or these Terms of Use or any determination that these Terms of Use or any portion of these Terms of Use is void or voidable. You may not assign or transfer these Terms of Use or your rights hereunder, and any attempt to the contrary is void. These Terms of Use may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.
If you have any questions about these Terms of Use, please direct all correspondence to termsandconditions@getchaotic.com.
Last Updated: November 24, 2024
