These Terms of Service ("Terms") apply to a person or company's access to and use of our corporate website (www.igames.com; the "Corporate Site"), iGames promotional websites ("Promo Sites"), and promotional websites that we host for our clients ("Client Sites") (collectively, "Site" or "Sites"), which includes without limitation the content of the Sites, various functions, features, applications and downloads, and gaming products and services provided through the Site.
As used in these Terms, "we," "us," or "our" means and refers to iGames, Inc ("iGames"), and "you" or "your" means and refers to the person who is accessing or using the Site. These Terms may be changed or updated by iGames at any time, but you can always find the most recent version at http://www.igamesinc.com/tos. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Sites.
Acceptance of these Terms creates a binding legal agreement between you and iGames that you will use the Site only in a manner that is consistent with these Terms. If you have questions about these Terms, please contact us at info@igamesinc.com. Your use of the Site is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not proceed to registration and do not use any part of the Site. For greater certainty, this Site is not run by Dell Marketing LP, Dell Canada Inc. or any other direct or indirect subsidiary of Dell Technologies. Accordingly, under no circumstances will any such Dell entity be responsible or liable to you in any manner relating to the Site.
BY CLICKING YOUR ACCEPTANCE OF THESE TERMS, OR BY USING THE SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE TO BE LEGALLY BOUND BY THEM.
To register an account with us, you must provide including but not limited to, your name, email address, date of birth, user ID, and a password of your choice. In addition, by becoming a member of the Site, you agree that any information you provide to iGames about yourself, will be true, accurate, current and complete when provided. This information is used to identify you as a "unique user" of the Site. If we learn that you provided false or misleading registration information, we may terminate your access to or use of the Site without notice. You are responsible for all actions taken under your account and shall only use a Site using your own user ID and password. You must use every effort to keep your password safe and should not disclose it to any other person. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You may not transfer or sell your user ID to any other person. You may not permit, either directly or indirectly, any other person to use your user ID or password. We will use your account information in accordance with these Terms and the Privacy Policy which can be found at Privacy Policy. We will assume (and by using a Site you warrant) that either you have the legal capacity to be bound by these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract), or your parents have consented to your use of a Site and accept these Terms on your behalf.
We respect your privacy and have taken specific steps to protect it. To see our Privacy Policy please go to Privacy Policy. The terms of our Privacy Policy are incorporated into these Terms by reference and constitute part of the agreement between you and us. You acknowledge that, as part of your registration process and in consideration for the privilege of using a Site, and to the extent permitted by applicable laws, we may send to your computer one or more "cookies" without any further notice to you. A "cookie" is information either temporarily or permanently stored in a file on your computer. You can set your internet browser to reject cookies (refer to your internet browser instructions if you wish to do so), but that may limit your use of some convenience features of the Sites. We may also obtain certain identification information about your computer and its operating system, including the identification numbers of your hard drives, central processing unit, IP addresses, and operating systems for identification purposes. The Sites also collect information from you in the course of your navigation, such as the URL of the site you just came from, the browser version you use, IP ports, date/time of access, size of data transferred, pages you visit, and other "clickstream" data. We are typically not able to relate such data to you as an individual if you merely browse a Site and do not disclose your identity to us, e.g., in connection with a registration. Furthermore, to the extent permitted by applicable laws, we may obtain non-personal data from your Internet browsing software in order to make certain demographic assumptions regarding the users of a Site without any further notice to you. If we are contacted by governmental authorities and/or parties seeking legal redress against you for a violation committed by you or alleged to have been committed by you involving your use of a Site, we will cooperate fully with and all governmental authorities and any lawful orders of the court with regards to the release of information that relates to you and your use of the Site, including, but not limited to, user Internet Protocol (IP) addresses, associated personal information, and all other user information on file. If you object to your data and other personal information being collected or used in the above ways, then do not use or register on a Site.
You acknowledge and agree that all content and materials available on the Sites, are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from, such materials or content. You understand that we are unable to provide you with permission to copy, display or distribute material which you do not own. You may not copy or distribute such material without the written consent of the owner. You are solely responsible for any violations of law that you may incur as a result of your activities on a Site. Systematic retrieval of data or other content from a Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms is prohibited.
If you believe that your work or the work of another has been placed onto a Site in a way that constitutes copyright infringement, iGames has a process in place to respond to your concerns. Please go to DMCA for an explanation of that process. Please do not contact us in that manner with respect to any infringement appearing in locations other than on a Site.
By posting or submitting suggestions or content, such as forum postings, videos, pictures, screen shots and any other data, to a Site, you (a) grant us and our affiliates and licensees a perpetual, irrevocable right and license, with right of sublicense, to use, reproduce, display, perform, adapt, modify, sublicense, distribute, have distributed, and promote your suggestions and content in any form, anywhere and for any purpose.
Your use of the Sites is subject at all times to the Terms. Without limiting any of the restrictions and obligations in these Terms, you may use the Sites for your own personal use, and you may not, without our prior permission sell or grant a security interest in or transfer reproductions of the Sites to other parties in any way, nor to rent, lease, or license the Sites to others.
You will not provide inaccurate, misleading or false information to us or to any user. If information provided to us that subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. You will not express or imply that any statements you make are endorsed by us without our specific prior written consent.
The Sites may contain links to third party websites, including sites or members (collectively "Linked Sites"). The Linked Sites are not under the control of iGames and we are not responsible for the content of any Linked Site, including, but not limited to, the services provided through a Linked Site.
We may establish general practices and limits concerning the use and operation of the Sites. You agree that we have no responsibility or liability for the deletion or failure to store any information maintained on, or transmitted by, a Site.
Software, applications, widgets, gadgets and other tools made available on the Sites ("Software") are each subject to United States export controls. No Software may be downloaded from a Site or otherwise exported or re-exported into any country to which the U.S. has embargoed goods.
You agree to indemnify, defend and hold harmless iGames (including its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the service), from and against all losses, expenses, damages and costs, including reasonable attorneys' fees.
(a) No Warranty. The Sites and any product or service available through the Sites are provided on an "As Is" and "As Available" basis. Your use of such product or service is at your own risk. We do not guarantee continuous, uninterrupted or secure access to the Sites. The operation of the Sites may be interfered with by numerous factors outside of our control. You also understand that we are not responsible for the security or privacy of communications sent via the Sites.(b) Disclaimer. To the extent permitted under applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement and accuracy of information. We make no warranty that (i) the Sites will be provided in a manner that is uninterrupted, timely, secure, or error free, (ii) the Sites are or will be free of viruses or other harmful components, or (iii) the Sites or content provided will meet your requirements. We make no warranties of any kind with respect to software, goods, services, promotions, or the delivery of any software, goods or services that are purchased, accessed or obtained through the Sites or that are advertised on the Sites. Any material downloaded or otherwise obtained through the use of the Sites is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
You expressly acknowledge and agree that, to the fullest extent permitted under law, we will have no obligation or liability (whether arising in contract, warranty, tort (including negligence), product liability or otherwise) for any incidental, indirect or consequential damages or liabilities (including, but not limited to, any loss of data, revenue or profit) arising with respect to your use of the Sites, even if you have been advised of the possibility of such damages. Examples of the types of matters to which the foregoing applies include (a) use of or inability to use the Sites; (b) the cost of procurement of substitute goods or services; (c) unauthorized access to or alteration of your profile; (d) third party content made available to you through the Sites; or (e) any other matter relating to the Sites. In addition, our liability, and the liability of our officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to $100. Some jurisdictions do not allow the exclusion or limitation of damages, so the above limitations or exclusions may not apply to you.
You agree and acknowledge that we, in out sole discretion, may terminate your account (or any part thereof) or use of a Site, at any time, without notice, for any reason, including but not limited to (a) if iGames believes that you have violated or acted inconsistently with the letter or spirit of these Terms, or (b) if we decide to discontinue any portion of a Site. Upon termination of your account, the agreement between you and us as contained in these Terms and your right to use a Site, shall immediately cease. You agree that we shall not be liable to you or any third-party for any termination of your access to a Site. Termination of your account and the agreement between you and us as contained in these Terms shall not affect Section 2 (Privacy Practices), Section 3 (Proprietary Rights), Section 4 (License Grant), Section 10 (Indemnity), Section 11 (No Warranty), Section 12 (Limitation of Liability), Section 13 (Termination), Section 14 (Choice of Law and Forum), and Section 16 (Entire Agreement; Other Terms).
The laws of the State of Idaho, USA, excluding its conflicts-of-law rules, govern these Terms. The state and federal courts with districts which include Ada County, Idaho, USA, shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to these Terms. However, in an action to enforce a judgment, such forum and venue shall be nonexclusive. You consent to personal jurisdiction and venue by such state and federal courts.
You agree that we reserve the right (for any reason and without notice) to amend these Terms and to modify or discontinue, temporarily or permanently, all or any part of the Sites. Unless explicitly stated otherwise, any new features on a Site are subject to these Terms.
These Terms (including the Privacy Policy and other incorporated terms) constitute the entire agreement between you and us and govern your use of the Sites, superseding any prior agreements between you and us. If these Terms are inconsistent with information included in off-line materials, these Terms will always control. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should attempt to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in effect. You agree that these Terms and all incorporated documents may be assigned by us in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites, any software, or these Terms, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
All content of the Sites is Copyright© 2021 iGames, Inc. All rights reserved. The names and logos of actual companies and products mentioned or displayed on the Sites may be the trademarks of their respective owners.
You can report violation of these Terms to info@igamesinc.com
Contact Information
iGames, Inc.
800 West Main Street, Suite 1460, Boise, ID 83702
info@igamesinc.com