Terms of Service
Last Updated: 2025.03.28
BY clicking to agree to these Terms of Service ("TERMS"), or BY using the Services in any way, YOU AGREE TO BE BOUND BY THESE TERMS.Section 15 of THESE TERMS INCLUDES A MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISION, which waives your rightS to SUE IN COURT, TO HAVE A JURY TRIAL, AND TO join a class action or other representative proceeding, Including a Lawsuit that has been filed against aviagames in the Northern DISTRICT OF CALIFORNIA ALLEGING VIOLATIONS OF CALIFORNIA’s UNFAIR COMPETITION LAW, CONSUMER LEGAL REMEDIES ACT, AND THE FEDERAL Racketeer influenced and corrupt organizations act.
Section 15 CONTAINS MORE INFORMATION ON THE LAWSUIT. ACCEPTING THESE TERMS DOES NOT PRECLUDE You FROM OPTING out of THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER Provision AS DESCRIBED IN
SECTION 15(n). IF YOU CHOOSE NOT TO ACCEPT THESE TERMS, YOU CAN CLOSE YOUR ACCOUNT AND WITHDRAW ANY REMAINING FUNDS BY CONTACTING:
support@aviagames.com.
If you are under the age of 18, STOP! You MAY NOT USE OUR PRODUCTS OR SERVICES.
APPLE IS NOT A SPONSOR OR PROVIDER OF AVIAGAMES’ TOURNAMENTS, CONTESTS, SWEEPSTAKES OR PRIZES. ALL TOURNAMENTS, CONTESTS, SWEEPSTAKES AND PRIZES ARE PROVIDED BY AVIAGAMES.
Aviagames Inc. (“Aviagames,” “we,” or “us”) designs, develops, and maintains interactive applications, websites or other platforms (“Apps”) that enable users (“you,” “user,” or “player”) to participate in online tournaments and competitions. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms”), govern your access to and use of the functionalities, features, contents and services provided by Aviagames via the Apps (collectively, the functionalities, features, contents and services provided by Aviagames via the Apps are referred to as the “Services”).
Please read these Terms carefully before using our Services, as they contain important information and constitute a legal agreement (this “Agreement”) between you (or any person or entity on whose behalf you are acting when accessing or using the Services) and Aviagames. Subject to the terms set forth herein, this Agreement applies to everyone who uses the Services, and any person or entity whose agent uses the Services within the scope of the agency relationship, whether they are registered or not. For the avoidance of doubt, in the event you are using or accessing the Services on behalf of another, the phrase “you,” as used herein, refers also to that person or entity as well. By registering an Account (as defined in Section 3), participating in any tournament or competition, clicking to accept or agree to these Terms, or using the Services in any way, you: (A) acknowledge that you have read these Terms and understand the rights, obligations, terms and conditions set forth herein; (B) accept and agree to be bound and abide by these Terms, our Privacy Policy found
here, and any other terms and conditions incorporated herein; (C) acknowledge that you have read our Privacy Policy found
here; and (D) acknowledge and agree that you are authorized and able to accept these Terms.
Aviagames reserves the right to amend, modify, or change any terms and conditions contained in these Terms from time to time in its sole discretion. Your continued use of the Services following the posting of revised Terms shall constitute your acceptance of, and agreement to be bound by, any such changes.
1. Eligibility.
1.1 United States. To be eligible to register an Account and/or use the Services in any way, you acknowledge that you: (i) are a natural person at least 18 years of age; (ii) own any e-mail address submitted to Avia, either when registering your Account or at any other time; (iii) are a legal resident of the United States with a U.S. address and currently residing at the address of the eligible location; (iv) are physically located within the U.S.; (v) are physically located in a U.S. state in which use of the Services and/or participation in the tournaments and competitions that you select in an App is unrestricted and not prohibited by Applicable Laws (as defined in Section 2.1 below); and (vi) will at all times abide by the Terms.
1.2 Non-U.S. To be eligible to register an Account and/or use the Services in any way, you acknowledge that you: (i) are a natural person at least 18 years of age; (ii) own any email address submitted to Avia, either when registering your Account or at any other time; (iii) are physically located in a jurisdiction in which use of the Services and participation in the tournaments and competitions you select in the Apps is unrestricted and not prohibited by Applicable Laws; and (iv) will at all times abide by the Terms. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1.3 Additional Persons Not Eligible. Without prejudice to the restrictions set forth in Section 2.1 of these Terms, Aviagames’ employees, officers, directors, subsidiaries, affiliates and related companies and any other person who has access to non-public information regarding the operation of any Game or tournament provided in the Apps are ineligible to receive any prize offered in the Apps.
2. Compliance with Applicable Laws
2.1 You acknowledge that access to the Apps or participating in any tournaments or competitions provided in the Apps, may be illegal in certain jurisdictions (“Restricted Jurisdictions”). You shall be subject to all applicable laws, rules and regulations of the country, state, and municipality where you reside, access the Apps, or receive Services (“Applicable Laws”). You shall be solely responsible for complying with all Applicable Laws.
2.2 Aviagames DOES NOT make or authorize any third party to make, and Aviagames IS NOT able to make any representations or warranties, expressly or impliedly, with respect to the legality of your access to the Apps or participation in any tournaments or competitions provided in the Apps.
2.3 Aviagames may require you to provide us with proof that you are eligible to access the Apps and participate in any tournaments or competitions provided in the Apps according to these Terms.
2.4 Aviagames is entitled to, but not obliged to, monitor the location from which you access the Services, and we are not liable for the effectiveness of such monitoring.
2.5 Aviagames may, at our sole discretion, refuse or block your access to the Apps if: (i) you are located in a Restricted Jurisdiction; (ii) you utilize proxy servers or any other method in order to conceal your true location; or (iii) we cannot accurately verify your location.
2.6 Aviagames DOES NOT offer games requiring a cash entry fee ("Cash Competitions") to you if you access the Services from the U.S. States of Arkansas, Delaware, Louisiana, South Carolina or South Dakota or from U.S. territories including Puerto Rico.
2.7 Without prejudice to any rights or remedies available to Aviagames, if you register an Account or participate in any tournament offered in the Apps in a Restricted Jurisdiction in violation of these Terms, we may also, at our sole discretion, (i) terminate or suspend your Account, (ii) void, all Winnings (as defined in Section 3), Game credits and/or deposit credits (if any) in your Account, and/or (iii) recoup such Winnings in the event such Winnings have been withdrawn by you.
2.8 Aviagames DOES NOT offer card game Cash Competitions if you reside in, or access the Apps from, the U.S. States of Indiana or Maine.
SERVICES AND COMPETITIONS ARE VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAWS.
3. Your Account
To access the Services or use certain features of the Services, you will be required to provide personal information as part of the registration or login process and to create an account (“Account”), such as your name, age, address, telephone number, and email address. Your Account is not transferable to any other person.
You represent and warrant that all the information you provide to us is true, accurate, legal, valid and complete, and further represent and warrant that you will promptly provide updated information to us if any of this information changes. If you submit any incomplete or inaccurate information, or fail to update and maintain current, complete and accurate information, it may result in the immediate termination of your Account and forfeiture of any prizes or Winnings.
When you register an Account, you represent and warrant that you have the legal capacity to agree to these Terms, to register an Account and to participate in any tournament or service offered by or through the Apps. You further represent and warrant that your use of the Services is for personal entertainment purposes only.
We also urge you to keep your password confidential and refrain from sharing it with others. If you find any unauthorized use of your password or identification, you shall notify us immediately. Subject to these Terms, you are responsible for all activities that occur under your Account with or without your knowledge. We are entitled to assume that offers and payments made through your Account are made by you. You undertake to protect your password in the same way that you would protect your password or other access details to your online banking system and any failure to do so shall be at your sole risk and expense.
You are the sole beneficiary of all benefits arising from your Account. Neither prizes, winnings or other items (including but not limited to virtual goods, virtual currency or digital trophies) (collectively, “Winnings”) nor any Digital Assets (as defined below) can or are allowed to be transferred to any other person or other Account.
We retain the right to examine and confirm the identity of Account holders. When deemed necessary, we will request documentation proving an Account holder’s identity and residency, including copies of the Account holder’s driver’s license, national identity card, passport, bank statements, or utility bills.
You are fully responsible and liable for all charges, deposits and withdrawals made under your Account, including any unauthorized charges, deposits or withdrawals.
4. Our Services
We may, with or without notice to you: (i) modify, suspend or terminate your access to the Services for any or no reason without liability; and (ii) interrupt the Services as necessary to perform maintenance, error correction, or other work. We may terminate or disable any user name, password, Account or your access to any portion of the Services at any time in our sole discretion, including if, in our opinion, you may be in violation of or will violate any section of these Terms. Also, and without limiting our other rights or remedies, if you violate these Terms or if we believe you have violated these Terms, we may determine that your Winnings, if any, will be forfeited, disgorged or recouped by us.
We may choose to offer technical support for our Services from time to time in our discretion.
For any Service that is identified by us as a beta version (“Beta Service”), you acknowledge and agree that a Beta Service may contain more, fewer and/or different features than the final release of the Service. We reserve the right, in our sole discretion, not to release a final release of a Beta Service or to alter its features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics. Beta Services may not be suitable for production use and may contain errors affecting proper operation and functionality.
The Services may contain links to third party websites, resources, or services (“Third Party Sites”), which may or may not be obvious. Any links to Third Party Sites is not an endorsement of any information, product or service that is offered on or reached through such Third Party Sites. We are not responsible for the performance, services or content available through those Third Party Sites, including the accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites. If you decide to leave the Services and access the Third Party Sites or to use or install any third party applications, software or content, you do so at your own risk and you should be aware that our Terms no longer govern.
5. Use Policy
5.1 Rules of Conduct. When you access or use the Services, you agree that you will not:
(i) Violate any law, rule or regulation.
(ii) Interfere with or disrupt any of the Services or any server or network used to support or provide the Services, including any hacking or cracking into the Services.
(iii) Use exploits, cheats, undocumented features, design errors or problems in any Services.
(iv) Engage in any other activity that disturbs the peaceful, fair and respectful gaming environment of any Services.
(v) Interfere with or disrupt another player's use of any Services.
(vi) Harass, threaten, bully, embarrass, spam or do anything else to another player that is unwanted.
(vii) Publish, post, upload, send or distribute any content that we (acting reasonably and objectively) determine is inappropriate, abusive, hateful, threatening, obscene, sexually explicit, harassing, profane, defamatory, infringing, privacy-invasive, vulgar, offensive, indecent or unlawful.
(viii) Post a message for any purpose other than personal communication.
(ix) Attempt to obtain, or phish for, a password, Account information, or other private information from anyone else on our Services.
(x) Sell, buy, trade or otherwise transfer or offer to transfer your Account, any personal access to Services, either within any Service or on a third party website, or in connection with any out-of-game transaction.
(xi) Use any Services in a jurisdiction in which Aviagames is prohibited from offering such services under Applicable Laws.
(xii) Make any use of the Services for the benefit of a business.
(xiii) Engage in, or assist others to engage in, conduct that could damage or impair Aviagames’ property, which may include, without limitation: (a) copying, distributing, transmitting, displaying, performing, framing, linking, hosting, caching, reproducing, publishing, licensing, or creating derivative works from any information, software, products or services obtained from us; and/or (b) providing unauthorized means through which others may use the Services such as through server emulators.
If you or someone using your Account violates these rules and fails to remedy this violation after a warning, we may take action against you, including revoking access to certain or all of our Services, terminating your Account, temporarily or permanently, and determining that your Winnings, if any, will be forfeited, disgorged or recouped by us. In case of severe violations, in Aviagames’ sole judgment, Aviagames may take these actions without issuing a prior warning.
5.2 User Content. The Services may enable users to post, submit, publish, display, or transmit to other users or other persons content, gameplay, information, materials, or communications (collectively, “User Content”). You shall only upload or send User Content that complies with these Terms, any Applicable Laws, and any additional terms of service we post in the public forums. You shall not contribute User Content that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invasive of another's privacy, or is otherwise reasonably objectionable. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness. If you cancel your Account, we may permanently delete your User Content from our servers and we are not obliged to return any User Content to you.
We have the right to: (i) edit, refuse to post, or remove any User Content for any or no reason in our sole discretion; (ii) take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for us; (iii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; and (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS AVIAGAMES AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not pre-screen User Content, nor do we control, verify or pay for any User Content. We do not endorse and cannot ensure prompt removal of any User Content posted by you or any other users of the Services. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
5.3 Cheating, Harassment, and Abuse. When participating in any tournament or competition via the Apps or using the Services in any way, you shall not conduct any act which may unfairly alter your chance of winning or which may misuse our Services, including, without limitation: (i) registering and/or using multiple Accounts or sharing those accounts with anyone else; (ii) using unauthorized or altered software or hardware or abnormal network services to assist play (e.g., including the use of bots, bot nets, jail broken devices or rooted devices, collusion with bots and/or use of cheat programs such as debuggers, clock-skewing software and memory scanners); (iii) intentionally poor playing to achieve competitive advantage; (iv) colluding with other players (e.g., intentionally losing rematches in Cash Competitions); (v) deliberately transferring money between Accounts (e.g., money laundering); (vi) harassing other participants; (vii) misusing any payment mechanism in connection with your Account; (viii) illegitimately or improperly rejecting the Services; (ix) swindling gifts of deposit; (x) posting objectionable materials; (xi) using any method (including but not limited to modifying GPS location or changing network location) to alter your true geographic location in order to engage in transactions or gameplay using networks or payment information inconsistent with your actual geographic location; (xii) inviting other accounts registered by you to receive referral rewards in our Services; and (xiii) using the same device or share personal information with your inviter or invitees so to mislead us to identify the referred accounts as belonging to the same person.
If you engage in any of the activities above, we may, at our sole discretion: (i) immediately suspend or terminate your Account and block your access to the Services; (ii) void and forfeit any Winnings that you may otherwise have been entitled to receive; (iii) disgorge and/or recoup any Winnings received by you; (iv) recoup the amount of funds involved in the misuse of a payment mechanism, and block your access to the Services until those funds are recouped; (v) institute or seek any injunctive relief, civil and/or criminal penalties against you and/or any of your co-conspirators arising out of or relating to your conduct; and/or (vi) disclose or report any money laundering or similar illegal activity to law enforcement authorities.
6. Winnings, Account Funds, and Payments
6.1 Fees. You shall pay all fees and payments for Services (“Fees”) charged to your Account. All payments shall be made in U.S. Dollars, prepaid, and are non-refundable, except as required by law. We may change the price of Services at any time, without affecting your past purchases. You shall be authorized to use the payment method that you provided and any payment information you provide shall be true and accurate. When you provide a payment method, you authorize us to charge you for the Services using such payment method to charge you for any paid feature of the Services that you choose to sign up for.
6.2 Billing. We may change our billing procedures with or without notice to you. We may bill you (i) in advance; (ii) at the time of purchase; or (iii) shortly after purchase, in our sole discretion. If we make an error on your bill, you must tell us within 120 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not inform us within that time period, we will not be liable for any losses resulting from the error and we will not be required to correct the error or provide a refund. If we identify a billing error, we will correct that error within 90 days.
6.3 Cash Deposits. You are a “Cash Player” if you play in a competition that requires a cash entry fee to be paid (“Cash Competition”). If you establish a positive Account balance for entry fees for Cash Competitions, then you are required to submit the required information, which may include your full name, permanent address, email address, phone number, and credit card or other payment information, and to maintain such information current and correct at all times. We may require you to establish a positive Account balance in any amount we determine in order to participate in Cash Competitions. If you are a Cash Player, you allow us to share your personal and payment information in confidence with third party service providers in order to validate your identity and assess the transaction risk associated with accepting your selected method of payment, as well as any other purpose as detailed in our Privacy Policy. If you make a credit card deposit, we may require at least a US$10.00 credit limit by sending an authorization request to the issuing bank, no matter whether the actual amount charged is lower.
6.4 Withdrawal Requests; Closing Accounts. If you are a Cash Player, you may request a withdrawal of funds from your available Account balance at any time through the applicable application. Subject to our confirmation of funds availability, withdrawal requests may take up to 15 days to process. We reserve the right to freeze a user’s Account and/or delay a request for withdrawal pending completion of any investigation of reported or suspected abuse by a user requesting withdrawal of funds. The minimum amount of any withdrawal (other than when your Account is closed) is US$5.00. If your Account is closed then, subject to our right to freeze a user’s Account, delay a request for withdrawal, or declare that funds are forfeited because of your misconduct as described in Section 5.3, the remaining funds in your Account at the time of closing will be returned to you. If you initiate a withdrawal of funds from your Account, you will forfeit all "Bonus Cash" (as defined in Section 6.9 below) and/or Virtual Items (as defined in Section 6.12 below) currently in your Account. For any further issues regarding withdrawals or closing an account, contact
support@aviagames.com.
6.5 Processing Fee.
When you make a withdrawal request, we may charge a processing fee based on your transaction activity in our games, such as the amount you deposited in your account, the cash entry fees you have spent in the matches, and the specific withdrawal amount you request. You agree to pay this non-refundable processing fee when you submit the withdrawal request.
6.6 Refund Policy. We will not grant you any refunds, unless (a) we deem such a refund appropriate under the circumstances, or (b) otherwise required by law.
6.7 Winnings. When you receive Winnings, you may be required to provide us with proof evidencing that you are, or were at the time of your participation, eligible to participate in the subject competition in accordance with these Terms and that you did participate in accordance with these Terms. If you fail to provide us with such proof to our reasonable satisfaction, you will not receive the relevant Winnings. We may reverse or require return of any payment in error which has been received by you and you shall cooperate with us in this regard. We may also reduce payment to you without notice to adjust for any previous overpayment.
6.8 Credit Card/PayPal Use. When you pay by credit card, you represent to us that you are the authorized user of such credit card. If your credit card account number, its expiration date and/or your billing address changes, or if your credit card expires or is cancelled for any reason, you must notify us immediately. We are not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party (such as PayPal) in connection with the Services. Any attempt to defraud through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment, will result in immediate termination of your Account, forfeiture of Winnings, and potentially subject you to civil litigation and/or criminal prosecution.
6.9 Bonus Cash. A Cash Player may be granted bonus cash and/or credits (“Bonus Cash”). Bonus Cash can only be used to enter Cash Competitions and for no other purpose. You acknowledge and agree the Bonus Cash is not redeemable for and/or cannot be cashed out for real money and has no value of any kind outside of the Services. When you enter a Cash Competition, US$0.01 of Bonus Cash will be used to enter the competition for every US$0.10 spent on the Cash Competition entry fee (in other words, a 9:1 ratio of cash to Bonus Cash will be applied to pay the entry fee). However, when you enter a Cash Competition but your Account does not have a sufficient amount of either cash or Bonus cash to apply the 9:1 ratio, we will automatically use either a greater percentage of cash or Bonus Cash to pay your entry fee, provided the total balance of cash and Bonus Cash in your Account is sufficient to cover the entry fee. When you win a Cash Competition, any Bonus Cash that you have used to pay the entry fee will be returned to you as part of the prize, and the rest of the prize will be paid in cash (i.e., U.S. Dollars). Please consult with our Customer Support team for the detailed rules on Winnings. You may contact our Customer Support team using the in-app support feature or by writing to Aviagames Customer Support, 1840 Gateway Dr., Suite 225, San Mateo, CA 94404.
6.10 Forfeiture of Funds. If your Account is unilaterally closed or terminated because of misconduct described in Section 5.3 above, we may determine that the funds in your Account shall be forfeited and not returned to you.
6.11 Account Monthly Maintenance Fee. If your Account is inactive for more than 90 days (i.e., you have been registered for more than 90 days and have not entered at least one match in the past 90 days), all Bonus Cash may be deducted from your Account. If your Account is inactive for more than 150 days (i.e., you have been registered for more than 150 days and have not entered at least one match in the past 150 days), all in-game tokens, i.e. Gems/Tickets, which are used to enter noncash matches may be deducted from your Account. If your Account is inactive for more than 180 days (i.e., you have been registered for more than 180 days and have not entered at least one match in the past 180 days), we may charge you a maintenance fee of US$2.00 per month or the entire cash balance if the cash balance in your account is less than $2(the “Monthly Maintenance Fee”) . You may receive an email (if we have your correct email address) or another form of written message (e.g., an in-App message) before we deduct such Monthly Maintenance Fee, notifying you that if your Account remains inactive for a certain period, the Monthly Maintenance Fee will be deducted from your Account each consecutive month. If there are no funds in your Account, the Monthly Maintenance Fee will not be deducted from your Account. However, if your Account has no funds and has been inactive for twelve or more consecutive months, your Account may be closed.
6.12 Virtual Items
The Services may include an opportunity to receive or earn virtual, in-game currency—including but not limited to virtual coins, Bonus Cash, tokens, gems, tickets, points, credits, collectibles and chips—all for use in the Services (“Virtual Items”). Virtual Items can be either won or obtained within the Services. Virtual Items are licensed to you by us for your personal use through the Services, subject to the limitations and other terms set out in greater detail below.
Virtual Items can never be redeemed or cashed out for real money, goods, or any other item of monetary value from us or any other party. You acknowledge and agree that (a) you have no right, title or property interest in the Virtual Items appearing or originating in any of our Services, or any other attributes associated with an account or stored on the Services; (b) your acquisition of Virtual Items is final and is not refundable, transferable or exchangeable, except in our sole discretion; (c) you may not transfer, purchase, sell, or exchange Virtual Items with other players except as permitted from within the Services; and (d) you may not attempt to sell, give or trade Virtual Items or anything that appears or originates in the Services for value of any kind outside of the Services, unless otherwise expressly authorized by us in writing.
Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for real money, or exchange Virtual Items for value of any kind outside of the Services, without our written permission. Doing so is a violation of the Terms. Any such transfer or attempted transfer is prohibited and void and may result in termination of your account and legal action taken against you. Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Virtual Items with the Services, you have no right or title in or to any such Virtual Items appearing or originating with the Services, or any other attributes associated with use of the Services or stored within the Services. We retain the right to manage, regulate, control, modify and eliminate Virtual Items at our sole discretion, and we shall have no liability to you or any third-party for the exercise of such rights. Prices and availability of Virtual Items are subject to change without notice. In addition to the foregoing, we may selectively remove or revoke Virtual Items associated with your account in our sole discretion.
Virtual Items may only be held by legal residents of countries where access to and use of the Services are permitted. Virtual Items may only be acquired or awarded from us or through means we provide on our Services or means that we otherwise expressly authorize. We do not recognize any purchases or transfers made outside of the Services on any other platform or e-commerce website and shall not be liable for any claims or damages caused to the users with respect to Virtual Items purchased or obtained from third parties, and not through the means provided within the Services.
You further acknowledge and agree that, except as required by law, we are not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Virtual Items when an account is closed, whether such closure was voluntary or involuntary. All Virtual Items are forfeited by you if your account is terminated or suspended for any reason, in our sole and absolute discretion, or if the Services are no longer available. If your account is terminated or suspended, or if any Virtual Items are selectively removed or revoked from your account, no refund will be granted and no Virtual Items will be credited to you or converted to cash or any other form of reimbursement.
7. Taxes
It is our policy, and in compliance with United States Internal Revenue Service regulations, to send an IRS Form 1099-MISC or other appropriate forms to any user who wins in excess of US$600 in any given year. Depending on the jurisdiction in which you reside, we may also send you a W-9 and/or additional tax forms. We reserve the right to withhold (from your existing Account balance and/or from future Winnings) any amount required to be withheld by Applicable Laws. You remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your local, state, province, and/or country of residence.
8. Copyright Complaints
If you believe that any User Content uploaded or posted to, or otherwise made available on, the Services infringes upon any copyright which you own or control, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C. Sec. 512(c)(3) for further detail):
(i) Identification in sufficient detail of the copyrighted work or intellectual property claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(ii) Identification of the URL or other specific location that contains the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled. You must provide us with reasonably sufficient information to locate the alleged infringing material;
(iii) A physical or electronic signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
(iv) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(v) A statement that the information in the notification is accurate and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please include your name, mailing address, telephone number, email address, and direct your notification by email at
legal@aviagames.com or by regular mail at:
1840 Gateway Dr., Suite 225
San Mateo, CA 94404
The
legal@aviagames.com email address shall be used solely for (i) copyright complaints, (ii) notices of dispute or (iii) opt-out requests, strictly in accordance with these Terms. We do not agree to monitor this email address for, or respond to, messages relating to other matters. For privacy-related inquiries, please contact privacy@aviagames.com. For any other game-related questions or complaints, kindly reach out to our Customer Support team through the in-app support feature or by writing to Aviagames Customer Support, 1840 Gateway Dr., Suite 225, San Mateo, CA 94404 .
Please note that filling a report of intellectual property infringement is a serious matter with legal consequences. Any person who knowingly materially misrepresents that a product or content is infringing the copyrights of others could be liable for damages pursuant to Applicable Laws.
Upon receiving a proper notification of alleged copyright infringement as described above, we may remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also may advise the alleged infringer of the DMCA statutory counter notification procedure, by which the alleged infringer may respond to your claim and request that we restore the material.
9. Proprietary Rights
9.1 User Content. When you contribute User Content, you grant to Aviagames, its licensors and licensees a non-exclusive, perpetual, transferable, worldwide, sublicensable license to use, host, store, reproduce, modify, create derivative works, publicly perform, publicly display or otherwise transmit and communicate the User Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You also grant all other users who can access and use your User Content on any Services the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your User Content on or through the relevant Services without further notice, attribution or compensation to you.
9.2 License to Use. You agree and acknowledge that:
(i) Aviagames grants you a personal, limited, non-transferable, revocable and non-exclusive license to use the Services and the tools, solutions, and data (collectively “Supplier Services”) provided by one or more of our partners and suppliers (collectively “Suppliers”) to which you have access for your personal and non-commercial use, subject to your compliance with these Terms.
(ii) Aviagames and its Suppliers retain all right, title, and interest in their respective intellectual property and all of their intellectual property rights in the Services and the Supplier Services, and no title to either the Services, the Supplier Services or such intellectual property is transferred to you.
(iii) You may not access, copy, modify or distribute any Services or Supplier Services unless expressly authorized by Aviagames or permitted by Applicable Laws.
(iv) You shall not reverse engineer, expose, reverse assemble, decompile, reverse decompile, reduce to human readable form, or otherwise attempt to extract or otherwise use source code or other data from Services or from the Supplier Services, or modify, incorporate into or with other software, or create derivative works of, the Services or any of the Supplier Services.
(v) You shall not expose, capture, retain, aggregate, store, copy, market, modify, reverse engineer, decompile, disassemble, exploit or otherwise attempt to discover the data involved in the Services or any of the Supplier Services, or allow any third party to do the same.
(vi) You shall comply with all export and re-export restrictions and regulations of the Department of Commerce or other United States agency or authority, and shall not transfer, or authorize the transfer of, the Services or any Supplier Services to a prohibited country or otherwise in violation of any such restrictions or regulations.
(vii) No warranty from Aviagames or any of its Suppliers or any of their licensors is made to you in connection with the Services or any Supplier Services, and there is an express disclaimer of any implied warranties of merchantability or fitness for a particular purpose.
(viii) No Supplier or any of their licensors shall be liable to you for any indirect, consequential, incidental or special damages arising out of the use or license of the Supplier Services, regardless of the theory of liability (including negligence, tort and strict liability).
(ix) You shall not remove, alter or obscure any copyright or other proprietary notices incorporated on or in the Services or any Supplier Services, or allow any third party to do the same.
(x) You shall not make the Services or any Supplier Services available to third parties or use the Services or any Supplier Services on behalf of third parties (including through file sharing, hosting, application services provider, service bureau, or any other type of service) and shall not transfer or sublicense the Services or any Supplier Services or allow the Services or any Supplier Services to become subject to any lien.
(xi) You shall not make any copies of the Services or any Supplier Services; and
(xii) You shall comply with the Google Maps terms and conditions (as located at http://maps.google.com/help/terms_maps.html), the Google Legal Notices (as located at http://www.maps.google.com/help/legalnotices_maps.html) and the AUP (as located at http://www.google.com/enterprise/earthmaps/legal/us/maps_AUP.html), as the same may be updated from time to time.
9.3 Digital Assets. Aviagames is the sole and exclusive owner of all digital objects (e.g., avatars) created by you in connection with using our Services and any digital or virtual objects or assets we assign to your Account (e.g., virtual trophies or virtual goods) (“Digital Assets”). In the event any Digital Assets cannot be automatically owned by Aviagames, you hereby expressly assign all right, title and interest worldwide in and to such Digital Assets to Aviagames, including, without limitation, all copyrights, patent rights, trade secrets, trademarks, moral rights and all other applicable proprietary and intellectual property rights. If you have any rights to the Digital Assets that cannot be assigned to Aviagames, you hereby unconditionally and irrevocably: (i) waive the enforcement of such rights; and (ii) grant to Aviagames during the term of such rights, an exclusive, irrevocable, perpetual, transferable worldwide, royalty-free license to reproduce, create derivative works of, distribute, publicly perform and publicly display such Digital Assets, by all means now known or later developed, with the right to sublicense such rights. Subject to these Terms, we grant you a limited license to use Digital Assets through your own Account solely for purposes and in furtherance of your use of the Services.
9.4 Ownership. The Services and its entire contents, features, functionalities, and products and other services, logos, symbols, expansion names and symbols, play level symbols, trade dress or “look and feel,” Digital Assets, and all derivative works or modifications of any of the foregoing, and all related and underlying intellectual property (including without limitation patents, trademarks, trade secrets and copyrights), are owned by Aviagames, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights law. We reserve all rights not expressly granted herein. Except as expressly set forth herein, no right or license is granted hereunder, express or implied or by way of estoppel, to any intellectual property rights and your use of the Services does not convey or imply the right to use the Services in combination with any other information or products.
10. Indemnification
By using the Services, you agree to, at your own cost and expense, indemnify and hold harmless Aviagames, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from and against any and all claims, demands, causes of action, disputes, liabilities, damages, judgments, losses, costs, expenses, or fees, including reasonable attorneys’ fees, arising out of or relating to (i) your breach of these Terms, including your breach of any representation, warranty, or agreement herein; (ii) any use of your Account by any person, whether authorized by you or not; (iii) your violation of any Applicable Laws; (iv) your negligence or misconduct; and/or (v) Aviagames’ reliance on inaccurate personal information provided by you. Upon the written request of Aviagames, you shall, at your cost and expense, defend us from any of the foregoing using counsel reasonably acceptable to us. Without limiting the foregoing, you will cooperate as fully and as reasonably required in Aviagames’ defense of any claim. Aviagames reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the written consent of Aviagames.
11. Term and Termination
These Terms are effective until termination of your Account by you or Aviagames. Upon termination of your Account, you will be barred from accessing or using any Service again and all licenses and rights granted to you under these Terms shall be terminated, without affecting your obligation to pay any accrued Fees. Any and all terms and conditions within these Terms which should, by their nature, survive termination of this Agreement, will survive such termination.
12. Disclaimers
We strive to keep Services up and running; however, all online services suffer occasional disruptions and outages, and we are not responsible or liable for any disruption or loss you may suffer as a result. You should regularly backup content that you store on the Services.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, ALL SERVICES, PRODUCTS, INFORMATION AND DATA PROVIDED OR MADE AVAILABLE BY US ARE “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER AVIAGAMES NOR ANY PERSON ASSOCIATED WITH AVIAGAMES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER AVIAGAMES NOR ANYONE ASSOCIATED WITH AVIAGAMES REPRESENTS AND WARRANTS THAT THE SERVICES OR THE FUNCTIONS CONTAINED IN THE SERVICES, YOUR ACCOUNT, SOFTWARE, DIGITAL ASSETS OR ANY ITEMS, PRODUCTS, INFORMATION AND DATA PROVIDED BY US WILL BE SECURE, VIRUS-FREE, UNINTERRUPTED, ERROR-FREE OR RELIABLE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SAME WILL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD PARTY COMPONENT, TECHNOLOGY, HARDWARE, SOFTWARE, OR SYSTEM, OR THAT ANY SERVICES, PRODUCTS, INFORMATION AND DATA PROVIDED BY US WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
UNDER NO CIRCUMSTANCES SHALL AVIAGAMES, ITS AFFILIATES, OR OUR OR THEIR OFFICERS, DIRECTORS AND EMPLOYEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM, RELATING TO OR ARISING OUT OF (I) USE, ACCESS, OR ATTEMPTED USE OR ACCESS OF SERVICES, DIGITAL ASSETS, OR SOFTWARE; (II) DOWNLOADING ANY INFORMATION FROM THE SOFTWARE OR SERVICES; AND/OR (III) VIOLATIONS OF THESE TERMS BY OTHER USERS. WE HAVE NO RESPONSIBILITY TO ENFORCE THESE TERMS FOR THE BENEFIT OF ANY USER.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAWS.
13. Historical Playthroughs
By using the Services, you permit Aviagames to, at its sole discretion, use a record of your playthrough of any game or contest and resulting scores and statistics ("Historical Playthrough") for any purpose, including to improve the Services, detect fraud, and match with other players. You also acknowledge and agree that when you use the Services to play a game and try to win a prize, you may be matched with another player's Historical Playthrough for the purposes of determining the outcome of a game. Whether or not you win a prize in any contest is based on whether your score is higher than the other player(s) in the game, regardless of whether or not you are competing against the score of another live player or the score of another player’s Historical Playthrough; the goal is to achieve the highest score you can in the game so as to beat the score(s) of the other player(s) in the game. The profile displayed for a Historical Playthrough will be generated by Aviagames; it will not be the profile of the player whose record was used to create the Historical Playthrough.
Our algorithms are designed to establish the same game setup parameters for each player in the same match. Therefore, once you have started a match, you and your opponent (whether it is a currently logged-in player or a real player’s recorded Historical Playthrough), play under the same game setup parameters that every other player in the same match is facing or has faced as determined by our algorithms.
If you beat the score(s) of the other player(s) in the game, and are otherwise eligible for a prize, you will win that prize, regardless of whether you were competing against other currently logged-in player(s) or any Historical Playthroughs. If the score(s) of any Historical Playthroughs in the game are winner(s) of that game, Aviagames will keep the prize(s) won by those score(s).
Please note that you may be matched with opponents from different jurisdictions, using different currencies. This will not impact the skill matching and the prize(s) offered to you.
14. Governing Law
You and Aviagames agree that all matters relating to the Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice or conflict of law principles. You and Aviagames further agree that, to the extent any claim or dispute is not covered by the arbitration agreement and class action waiver set forth in Section 15 below, any claims or disputes against Aviagames may be litigated in state or federal courts in or for San Mateo County, California.
15. Dispute Resolution and Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND AVIAGAMES TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND AVIAGAMES FROM SUING IN COURT OR HAVING A JURY TRIAL. THIS WOULD PREVENT YOU FROM PARTICIPATING IN A CLASS ACTION LAWSUIT THAT WAS FILED AGAINST AVIAGAMES THAT IS DESCRIBED BELOW, AS WELL AS OTHER CLASS ACTION LAWSUITS. YOU AND AVIAGAMES AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. AVIAGAMES AND YOU EACH AGREE TO WAIVE THE RIGHT TO TRIAL BY A JURY.
FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS ARBITRATIONS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.
NOTICE OF PENDING LAWSUIT: There is a pending lawsuit in the Northern District of California against Aviagames and certain of its affiliates. The lawsuit is titled Pandolfi, et al. v. Aviagames, Inc., et al., Case No. 23-05971 (hereafter, “the Lawsuit”), and asserts claims under California’s Unfair Competition Law (UCL), Consumer Legal Remedies Act and the federal Racketeer Influenced and Corrupt Organizations Act relating to the alleged use of “bots” in the Apps and allegedly false representations by Aviagames, among other conduct. Plaintiffs in the Lawsuit seek to recover up to three times the amount of certain money allegedly lost while playing Cash Competitions in the Apps, additional statutory damages, an injunction against further legal violations by Aviagames, as well as pre-judgment interest, post-judgment interest, and attorneys’ fees. Aviagames denies the claims and believes that the claims lack merit. The court has not yet decided who is right or whether the Lawsuit can proceed as a class action. Plaintiffs in the Lawsuit are represented by attorneys at the law firms of Edelson PC, which can be contacted at (415) 212-9300, and Burns, Charest LLP, which can be contacted at (469) 895-5269. The complaint for the Lawsuit can be found here. Please note: any class action lawsuits that Aviagames learns of after the "Last Updated" date at the top of these Terms are not included in this notice.
This Section 15 is an agreement between you and Aviagames and applies to both parties’ respective agents, employees, subsidiaries, predecessors, successors, beneficiaries and assigns. These Terms affect interstate commerce, and the enforceability of this Section 15 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law. This Section 15 shall be interpreted broadly and shall survive termination of these Terms.
a) Claims Covered by Arbitration. All disputes, claims or controversies arising out of or relating to these Terms, any Services, or the relationship between you and Aviagames (“Disputes”) shall be determined exclusively by individual, binding arbitration. This includes claims that accrued before you entered into this Agreement. The only Disputes not covered by this section are (i) disputes regarding the infringement, protection or validity of your, Aviagames’ or Aviagames’ licensors’ copyright, trademark or patent rights and (ii) individual disputes that qualify for small claims court.
b) Informal Negotiations. You and Aviagames shall try to resolve any Dispute informally for at least 60 days before initiating arbitration. The informal negotiations commence upon receipt of written notice from one person to the other (“Notice of Dispute”). The Notice of Dispute must set forth the following information:
i.the full name and contact information of the complaining party or legal representative of the complaining party;
ii.information sufficient to identify every Aviagames account used by the complaining party or otherwise at issue, including at a minimum any Aviagames numerical user ID (“UID”) used by the complaining party, which can be found by accessing the user profile within the Apps, as well as the complaining party’s username and the email address associated with the complaining party’s account(s);
iii.the specific game(s) played by the complaining party on Aviagames’ platform(s);
iv.a description of the nature and basis of the Dispute, including the conduct by Aviagames or the user that is the subject of the complaining party’s Dispute, and the provision of law or of these Terms that the complaining party alleges has been breached or violated. For the avoidance of doubt, where a complaint arises from an alleged misrepresentation or omission, the Notice must specifically identify the alleged misrepresentation reviewed and relied on by the complaining party, or the purportedly required omission; and
v.the specific relief sought, including the amount of money the complaining party seeks to recover as damages, including, if applicable, the amount allegedly lost playing on Aviagames’ platform.
c) Aviagames will send its Notice of Dispute to your email address. You will send your Notice of Dispute to: Aviagames Customer Support, 1840 Gateway Dr., Suite 225, San Mateo, CA 94404 by U.S. mail and
legal@aviagames.com. The
legal@aviagames.com email address shall be used solely for (i) notices of disputes, (ii) opt-out requests or (iii) copyright complaints, strictly in accordance with these Terms. We do not agree to monitor this email address for, or respond to, messages relating to other matters. For privacy-related inquiries, please contact privacy@aviagames.com. For any other game-related questions or complaints, kindly reach out to our Customer Support team through the in-app support feature or by writing to Customer Support at the mailing address noted in this paragraph above.
d) Binding Arbitration. If you and Aviagames cannot resolve any Dispute by informal negotiation, you and Aviagames agree to resolve all Disputes by binding arbitration before a neutral arbitratorat JAMS, as set forth in section (f) below. You and Aviagames further agree that the arbitrator’s award will be final except for a limited right of appeal under the Federal Arbitration Act, instead of in a court by a judge or jury. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
e) Delegation of Arbitrability. Disputes that must be arbitrated include, without limitation, Disputes arising out of or relating to interpretation or application of this arbitration agreement, including the enforceability, revocability, or validity of the arbitration agreement or any portion of the arbitration agreement. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.
f) Arbitration Procedures for United States Users. You and Aviagames agree that all Disputes must be submitted to JAMS,
www.jamsadr.com and will be resolved through binding arbitration before one arbitrator. If you are a consumer, the then-current version of JAMS Comprehensive Arbitration Rules & Procedures, the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases, and the JAMS Mass Arbitration Procedures and Guidelines shall apply. For all arbitrations where the claims asserted are $25,000 or less, the arbitration shall be resolved according to the JAMS Expedited Arbitration Procedures. JAMS’ rules are available on the JAMS website (
www.jamsadr.com). Unless the parties agree otherwise, the arbitrator must be an attorney licensed to practice law in California with at least ten years of experience in commercial law. The arbitration shall be commenced as an individual arbitration.
g) YOU AND AVIAGAMES AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND AVIAGAMES ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. Under no circumstances will class action procedures or rules apply to the arbitration. Except as permitted by the then-current JAMS Mass Arbitration Procedures and Guidelines, the arbitrator may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
h) Payment of Fees and Costs. For any arbitration you initiate, you will pay the maximum portion of the Filing Fee permitted under the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses, and Aviagames will pay all remaining portions of the Filing Fee and the Case Management Fee. For arbitrations you initiate and that proceed under the JAMS Mass Arbitration Procedures and Guidelines, you will pay the maximum portion of the Filing Fee permitted under the Mass Arbitration Procedures Fee Schedule, regardless of the number of cases, and Aviagames will pay the remainder of the Filing Fee and all Case Management Fees.
i) Location of Arbitration. For all arbitrations where the claims asserted are $25,000 or less, the arbitration shall be resolved according to the JAMS Expedited Arbitration Procedures, as set out in Rules 16.1 and 16.2 of the JAMS Comprehensive Arbitration Rules and Procedures, and for all other arbitrations the following procedure will apply: (i) the arbitrator will conduct hearings, if any, by teleconference or videoconference rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate; (ii) any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; and (iii) if the parties are unable to agree on a location, such determination should be made by the JAMS or by the arbitrator.
j) Confidentiality. If you or Aviagames submits a Dispute to arbitration and the arbitrator orders any exchange of information, you and Aviagames agree to keep such information strictly confidential, and to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and Aviagames agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.
k) Final Decision. The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms but only to the extent necessary to provide relief warranted by the individual dispute before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
l) One Year to File Claims. Disputes you or Aviagames may have arising out of or relating to these Terms or the Services must be commenced within one year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
m) Claims Brought for an Improper Purpose. Either party may make a request that the arbitrator impose sanctions upon proving that the other party or its attorney(s) has asserted a claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, is otherwise frivolous, or is asserted in violation of Fed. R. Civ. P. 11(b) (treating the arbitrator as “the court”). Upon finding that a party has asserted such a claim or defense, the arbitrator shall impose sanctions, as allowed by applicable law, equal to the requesting party’s reasonable attorneys’ fees and costs. Either party may seek dismissal of any arbitration filed in violation of any provision of Section 15 of these Terms. Either party may also assert in arbitration a counterclaim for the other party’s initiation of proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of Section 15. Upon finding that a party has initiated proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of Section 15, the arbitrator shall award the other party its actual damages, including but not limited to reasonable attorneys’fees and costs.
n) Opt Out. You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms by providing us with notice of your decision to opt-out via email at legal@aviagames.com or by certified mail addressed to Aviagames Customer Support, 1840 Gateway Dr., Suite 225 San Mateo, CA 94404. In order to be effective, the opt-out notice must include your full name, Aviagames numerical user ID and username, mailing address, and the email address associated with your Aviagames account(s). The notice must also clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 14. The legal@aviagames.com email address shall be used solely for (i) opt-out requests, (ii) notices of disputes, or (iii) copyright complaints, strictly in accordance with these Terms. We do not agree to monitor this email address for, or respond to, messages relating to other matters. For privacy-related inquiries, please contact privacy@aviagames.com. For any other game-related questions or complaints, kindly reach out to our Customer Support team through the in-app support feature or by writing to Aviagames Customer Support at the mailing address noted in this paragraph above.o) Severability. If any portion of this Section 15 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 15 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 15; and (iii) to the extent that any claims must proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction in accordance with Section 14 and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 15 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 15 will be enforceable.
p) Arbitration Procedures - Users Outside the United States. Notwithstanding anything to the contrary in the Terms, if you reside in any country outside of the United States, you may bring legal proceedings regarding the Terms either by following the arbitration procedure detailed above in this Section 15 of the Terms or, if given the right by applicable law, by submitting the Dispute to an arbitration administrator in the jurisdiction in which you reside. To the extent any proceeding is not subject to arbitration under applicable law, you may submit the Dispute to the courts of the jurisdiction in which you reside.
16. Miscellaneous
16.1 These Terms and our Privacy Policy constitute the sole and entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. These Terms cannot be modified by you, and may only be modified by us as provided above.
16.2 You consent to Aviagames providing you notifications about the Services or information any Applicable Laws require us to provide to the email address that you provided when creating your Account. Notices emailed to you will be deemed given and received when the email is sent. If you do not consent to receive notices electronically, you must close your Account.
16.3 If we provide a translated version of these Terms, Privacy Policy, or any other terms or policy, it is for informational purposes only. If there is any inconsistency between the translated version and the English version, then the English version shall prevail.
16.4 Please send any questions or comments to: Aviagames Customer Support, Suite 225, 1840 Gateway Drive, San Mateo, CA 94404.
16.5 Severability. If any portion of this Agreement is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; and (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Agreement.