Last modified: March 20, 2017

AGREEMENT AND SERVICES
BY ACCESSING OR USING ANY 704 GAMES COMPANY OFFERING, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE IN THEIR ENTIRETY, DO NOT USE ANY 704 GAMES COMPANY OFFERINGS.

704 Games Company, d/b/a 704Games, and/or its Affiliates (collectively “704 Games Company”) provide access to the 704 Games Company Offerings subject to the conditions set forth in these Terms of Use. For purposes of these Terms of Use, the term “Affiliates” means, with respect to any party, any person or entity which controls, is controlled by, or is under common control with, such party, and the term “704 Games Company Offerings” means the web sites of 704 Games Company and any other sites on which these Terms of Use are posted, and any other 704 Games Company application, service or product licensed, downloaded or otherwise accessed by you through third party sites or sources, including the products and services available through any of the foregoing.

Your use of the 704 Games Company Offerings constitutes your express acceptance without reservation of these Terms of Use.

Use of the 704 Games Company Offerings is also governed by our Privacy Policy and any other terms of use applicable to services you register to use within a 704 Games Company Offering, including any amendments or updates thereto.

Use of the 704 Games Company Software, as hereafter defined, is governed by the 704 Games Company End User License.

Without limiting the foregoing, each of your 704 Games Company Offering account(s) (each a “704 Games Company account”), if applicable, and participation in any 704 Games Company Offerings are governed by these Terms of Use. The 704 Games Company Offerings are always evolving, so it is important that you periodically check these Terms of Use, as well as the specific rules for any games or activities in which you choose to participate, for updates. 704 Games Company reserves the right to change or modify these Terms of Use at any time and in our sole discretion. If 704 Games Company makes changes to these Terms of Use, we will provide notice of such changes, such as (by way of example only) by providing notice through the 704 Games Company Offerings or updating the “Last Modified” date at the top of these Terms of Use. If we revise these Terms of Use, such revision(s) will take effect immediately such notice. Your continued access or use of any 704 Games Company Offering constitutes your acceptance of the revised Terms of Use. We encourage you to frequently review these Terms of Use to ensure that you understand the terms and conditions that apply to your use of the 704 Games Company Offerings. If you do not agree to any of these Terms of Use, you should discontinue using or participating in any and all 704 Games Company Offerings. If there is a conflict between these Terms of Use and any other rules or instructions posted within a 704 Games Company Offering, these Terms of Use will control.

 

ACCOUNT REGISTRATION
If you create a 704 Games Company account within any 704 Games Company Offering, you must provide truthful and accurate information to us in creating such account. If 704 Games Company has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, 704 Games Company may suspend or terminate your ability to use or access a 704 Games Company Offering, and refuse any and all current or future use of or access to any or all 704 Games Company Offerings (or any portion thereof).

704 Games Company requires all users to be over the age of thirteen (13). If you are between the ages of thirteen (13) and eighteen (18), you may create a 704 Games Company account or use the 704 Games Company Offerings only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

704 Games Company reserves the right to limit the number of accounts a user can establish. This limit may change over time in our sole discretion.

You are solely responsible for all activity on any and all of your 704 Games Company account(s) and for the security of your computer system. You should not reveal your username or password to any other person. 704 Games Company will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. You agree to indemnify and hold 704 Games Company and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers harmless for any improper or illegal use of any of your 704 Games Company account(s). This includes illegal or improper use by someone to whom you have given permission to use your 704 Games Company account(s) or whom you have negligently allowed to access your 704 Games Company account(s). 704 Games Company reserves the right to terminate your 704 Games Company account(s) if any activity that occurs with respect to such account(s) violates these Terms of Use.

 

ELECTRONIC COMMUNICATIONS
When you access a 704 Games Company Offering, send e-mails or electronically chat with 704 Games Company, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices in the 704 Games Company Offerings. You agree that all agreements, notices, disclosures and other communications that 704 Games Company provides to you electronically satisfy any legal requirement that such communications be in writing.

 

VIRTUAL ITEMS
Certain 704 Games Company Offerings may provide you with the opportunity to license a variety of virtual items such as virtual currency, virtual goods, additional levels and content packs (“virtual items”) that can be used while playing the 704 Games Company Offering. You may be required to pay a fee to obtain virtual items. When you use virtual items within a 704 Games Company Offering, any virtual items that you have purchased will be deemed used before any virtual items that you have earned. You have no property interest in any virtual items. Any purchase of virtual items, and virtual items accumulated through any applicable 704 Games Company Offering membership benefits, are purchases of a limited, non-transferable, revocable license to use those virtual items within the applicable 704 Games Company Offering. Virtual items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual Items may not be purchased or sold from any individual or other company via cash, barter or any other transaction. Virtual items have no monetary value, and cannot be used to purchase or use products or services other than within the applicable 704 Games Company Offering. Virtual items cannot be refunded or exchanged for cash or any other tangible value.

704 Games Company may manage, regulate, control, modify or eliminate your virtual items in our sole discretion, and 704 Games Company will have no liability to you or anyone for exercising those rights. In addition, all virtual items are unconditionally forfeited if your 704 Games Company Offering account is terminated or suspended for any reason, in 704 Games Company’s sole discretion, or if 704 Games Company discontinues any 704 Games Company Offering or any portion or feature of any 704 Games Company Offering.

704 Games Company has no liability for hacking or loss of your virtual items. 704 Games Company has no obligation to, and will not, reimburse you for any virtual items lost due to your violation of these Terms of Use. 704 Games Company reserves the right, without prior notification, to limit the order quantity on any virtual items and/or to refuse to provide you with any virtual items. Price and availability of virtual items are subject to change without notice.

 

SOCIAL NETWORK SITES
If you access a 704 Games Company Offering via a third party social networking site (a “Social Game”), you should be aware that Social Games are only available to individuals who have registered with the social networking site through which s/he accesses Social Games. You agree that your social networking site account information is accurate, current and complete.

If 704 Games Company has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, 704 Games Company may suspend or terminate your ability to use or access Social Games and refuse any and all current or future use of or access to Social Games (or any portion thereof).

 

REVIEWS, COMMUNICATIONS AND SUBMISSIONS
Generally
Without limiting the scope of these Terms of Use, you agree to comply with 704 GAMES COMPANY’s Review Guidelines when you submit reviews, forum posts and other content via any 704 Games Company Offering. Inappropriate, obscene, defamatory, offensive language, crude or explicit sexual content, discussions of any matters which are explicitly or by inference illegal in any way, discussions of illegal or any other drugs, and racially and ethnically offensive speech are examples of unsuitable content that are not permitted within the 704 Games Company Offerings. Content standards may vary depending on where you are within a 704 Games Company Offering and the expectations of the relevant game community. Some game play may involve use of stronger language than others, including mild expletives. You should always use your best and most respectful and conservative judgment in interacting as part of any game play, and submitting any content, such as a review or post to any forums or message boards, within a 704 Games Company Offering.

We expressly reserve the right, but have no obligation, to: (a) monitor any communications within the 704 Games Company Offerings, including, without limitation, to ensure that appropriate standards of online conduct are being observed, and (b) immediately or at any time remove any content that we deem objectionable or unsuitable in our sole discretion. 704 Games Company does not endorse, approve, or prescreen any content that you or other users post or communicate on or through any 704 Games Company Offerings. 704 Games Company does not assume any responsibility or liability for any content that is generated, posted or communicated by any user on or through the 704 Games Company Offerings. You agree to indemnify 704 Games Company and each of their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from any liability or damages arising out of or resulting from any content you post or communicate on or through the 704 Games Company Offerings. Without limiting the generality of these policies and standards, the following actions are examples of behavior that violate these Terms of Use and may result in any or all of your 704 Games Company account(s) being immediately suspended or terminated:

  • Posting, transmitting, promoting, or distributing any content that is illegal
  • Harassing or threatening any other user of a 704 Games Company Offering or any employee or contractor of 704 Games Company
  • Impersonating another person, indicating that you are a 704 Games Company employee or a representative of 704 Games Company (if you are not), or attempting to mislead users by indicating that you represent 704 Games Company in any way
  • Attempting to obtain a password, other account information, or other private information from any other user of a 704 Games Company Offering
  • Uploading any software, files, photos, images or any other content to a 704 Games Company Offering that you do not own or have the legal right to freely distribute, or that contain a virus or corrupted data, or any other malicious or invasive code or program
  • Posting messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, political campaigning, soliciting funds, mass mailings and sending “spam”, or making any commercial use of any 704 Games Company Offering.
  • Disrupting the normal flow of dialogue, or otherwise acting in a manner that negatively affects or disrupts other users.
  • Improperly using any game support functions or complaint buttons, or making false complaints or other reports to 704 Games Company representatives.
  • Posting or communicating any player’s real-world personal information within a 704 Games Company Offering or by or through a 704 Games Company Offering or any related bulletin board.
  • Uploading or transmitting, or attempting to upload or transmit, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, gifs, 1×1 pixels, web bugs, and other similar devices.
  • Using or launching any automated system, including, without limitation, any spider, bot, cheat utility, scraper or offline reader that accesses a 704 Games Company Offering, or using or launching any unauthorized script or other software.
  • Using a false e-mail address or otherwise disguising the source of any content that you submit within a 704 Games Company Offering, or using tools which anonymize your internet protocol address.
  • Interfering or circumventing any 704 Games Company Offering security feature or any feature that restricts or enforces limitations on use of or access to a 704 Games Company Offering.
  • Attempting to sell any part of a 704 Games Company Offering, including, without limitation, any virtual items (if applicable), 704 Games Company accounts and access to them in exchange for real currency or items of monetary or other value.
  • Engaging in cheating or any other activity that 704 Games Company deems to be in conflict with the spirit of a 704 Games Company Offering.

 

PUBLIC NATURE OF COMMUNICATIONS
You acknowledge and agree that your submitted content, including your reviews and your communications with other users via online messaging, private messaging, forums or bulletin boards, and any other similar types of communications and submissions on or through any 704 Games Company Offering, are non-confidential, public communications, and you have no expectation of privacy concerning your use of or participation in any 704 Games Company Offerings (other than with respect to the information you provide to us in establishing your 704 Games Company account(s), if applicable). You acknowledge that personal information that you communicate publicly within any 704 Games Company Offering may be seen and used by others and may result in unsolicited communications. 704 Games Company is not liable for any information that you choose to submit or communicate to other users on or through any 704 Games Company Offerings, or for the actions of any other users of any 704 Games Company Offering.

You represent and warrant that you have all necessary rights in and to any materials that you post within any 704 Games Company Offering, that such materials do not infringe any proprietary or other rights of third parties, that all such content is accurate and will not cause injury to any person or entity, and that you will indemnify 704 Games Company and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers for all claims resulting from your submitted and posted content. If any such materials incorporate the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant 704 Games Company permission to use any such name, voice, likeness and/or image of such individual appearing in the materials you post throughout the world in perpetuity. Once you post or communicate any content or materials on or through a 704 Games Company Offering, you expressly grant 704 Games Company the complete, worldwide, fully sublicensable and irrevocable right to quote, re-post, use, reproduce, modify, adapt, publish, translate, create derivative works from, display, distribute, transmit, and broadcast such content or materials, including without limitation the name you submit in connection with such content or materials, in any form, with or without attribution to you, and without any notice or compensation to you of any kind. We reserve the right to immediately remove any content that may be considered, in our sole discretion, in violation of the rights of any third party.

 

COMMERCIAL ACTIVITY AND UNSOLICITED E-MAIL
You may not use any portion of the 704 Games Company Offerings to collect information, including login names, about other users, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not advertise any goods or services on any 704 Games Company Offerings, or otherwise exploit your participation on or through any 704 Games Company Offerings for any commercial purpose.

 

CUSTOMER REVIEWS
You may submit reviews of certain 704 Games Company Offerings. Use of the reviews feature is for your personal, non-commercial use and is at your own option and risk, and you must comply with the policies set forth in these Terms of Use and the Review Guidelines.

When you post a review, we will display your rating of the 704 Games Company Offering, along with your user name and certain other information you may provide, such as your city and state location, skill level, favorite game and favorite genres. By submitting a review, you are consenting to the release of all information that you provide in that review to a public forum. If you do not want any such information to be shared in a public forum, do not use the review feature.

 

704 GAMES COMPANY SOFTWARE
We may require that you download certain software from 704 Games Company, its principals or its licensors onto your computer (“704 Games Company Software”). Subject to your compliance with these Terms of Use, 704 Games Company grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the 704 Games Company Software to participate in the 704 Games Company Offerings. The 704 Games Company Software is for your personal use, and may not be reproduced, duplicated, copied, resold, sublicensed, or otherwise used in whole or in part by you for commercial purposes. You may not modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or create derivative works from any of the 704 Games Company Software.

NEITHER 704 GAMES COMPANY NOR ITS LICENSORS, IS LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF ANY 704 GAMES COMPANY SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE, RESULTING FROM ANY USE OF THE 704 GAMES COMPANY SOFTWARE AND 704 GAMES COMPANY UNLIMITED, RESIDES WITH YOU.

 

THIRD PARTY LINKS and THIRD PARTY CONTENT AND SERVICES
Any and all software, content and services (including advertising) within a 704 Games Company Offering that are not owned by 704 Games Company are “third party content and services.” 704 Games Company acts merely as an intermediary service provider of, and accepts no responsibility or liability for, third party content and services. In addition, and without limiting the generality of the foregoing, certain 704 Games Company Offerings may include links to sites operated by third parties, including advertisers and other content providers. Those sites may collect data or solicit personal information from you. 704 Games Company does not control such sites, and is not responsible for their content, policies, or collection, use or disclosure of any information those sites may collect.

 

VIOLATION OF THESE TERMS OF USE
If you violate our Terms of Use, 704 Games Company reserves the right, in its sole discretion, to immediately terminate your participation in any or all 704 Games Company Offerings, including any and all 704 Games Company accounts you have established. You acknowledge that 704 Games Company is not required to notify you prior to terminating any such account.

 

TERMINATION OF ANY 704 GAMES COMPANY ACCOUNT
704 Games Company and you each have the right to terminate or cancel any of your 704 Games Company account(s), if applicable, at any time for any reason. You understand and agree that cancellation of your 704 Games Company account(s) and/or ceasing use of any and all 704 Games Company Offerings are your sole right and remedy with respect to any dispute with 704 Games Company. This includes, but is not limited to, any dispute arising out of or directly or indirectly related to: (a) any provision contained in these Terms of Use or any other agreement between you and 704 Games Company, including, without limitation, 704 Games Company’s Privacy Policy or 704 Games Company’s enforcement or application of these Terms of Use or any other such agreement, including, without limitation, its Privacy Policy (b) the content available on or through the 704 Games Company Offerings, or any change in or to such content, (c) your ability to access and/or use any 704 Games Company Offerings, or (d) the amount or type of any fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods, in each case imposed or implemented by 704 Games Company on or through any 704 Games Company Offering.

704 Games Company reserves the right to collect fees, surcharges or costs incurred before you cancel your 704 Games Company account(s) or a particular subscription. In the event that your 704 Games Company account or a particular subscription is terminated or cancelled, no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it (such as points, tokens or in-game items). Any delinquent or unpaid accounts must be settled before 704 Games Company may allow you to create any new or additional accounts. All virtual items are unconditionally forfeited if your 704 Games Company account is terminated or suspended for any reason, in 704 Games Company’s sole discretion, or if 704 Games Company discontinues any 704 Games Company Offering that includes virtual items.

Without limiting the foregoing provisions, if you violate these Terms of Use, 704 Games Company may issue you a warning regarding the violation, or, in 704 Games Company’s sole discretion, immediately terminate any and all 704 Games Company accounts that you have established with any 704 Games Company Offering, with or without notice.

 

INTELLECTUAL PROPERTY RIGHTS
The names and logos, and other graphics, logos, icons, and service names associated with the 704 Games Company Offerings are trademarks, registered trademarks or trade dress of 704 Games Company or its licensors or principals in the United States and/or other countries. 704 Games Company’s trademarks and trade dress may not be used in connection with any product or service that is not owned or operated by or on behalf of 704 Games Company, or in any manner that is likely to cause confusion among consumers or that disparages or discredits 704 Games Company or any 704 Games Company Offering. The compilation of all content on the 704 Games Company Offerings is the exclusive property of 704 Games Company and is protected by United States and international copyright laws. You may not use, copy, transmit, modify, distribute, or create any derivative works from any content from the 704 Games Company Offerings unless we have expressly authorized you to do so in writing. All other trademarks not owned by 704 Games Company that appear on the 704 Games Company Offerings are the property of their respective owners, who may or may not be affiliated with or connected to 704 Games Company. If you fail to adhere to these Terms of Use, other content owners may take criminal or civil action against you. In the event legal action is taken against you for your acts and/or omissions with regard to any content on the 704 Games Company Offerings, you agree to indemnify and hold harmless 704 Games Company and its employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers.

 

LIMITATIONS ON WARRANTIES AND LIABILITY
YOU EXPRESSLY AGREE THAT THE USE OF ANY 704 GAMES COMPANY OFFERING, 704 GAMES COMPANY SOFTWARE AND THE INTERNET IS AT YOUR SOLE RISK. ALL 704 GAMES COMPANY OFFERINGS AND 704 GAMES COMPANY SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, 704 GAMES COMPANY DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE 704 GAMES COMPANY OFFERINGS OR 704 GAMES COMPANY SOFTWARE AT ANY PARTICULAR TIMES OR LOCATIONS, OR THAT THE 704 GAMES COMPANY OFFERINGS, 704 GAMES COMPANY SOFTWARE, NEWSLETTERS, E-MAILS OR OTHER COMMUNICATIONS SENT FROM 704 GAMES COMPANY ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH 704 GAMES COMPANY IS TO STOP USING THE 704 GAMES COMPANY OFFERINGS AND 704 GAMES COMPANY SOFTWARE, AND TO CANCEL ANY AND ALL OF YOUR 704 GAMES COMPANY ACCOUNTS, IF APPLICABLE. YOU ACKNOWLEDGE AND AGREE THAT 704 GAMES COMPANY IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT ON ITS OWN PART, OR FOR ANY CONDUCT OF, OR COMMUNICATION OR CONTENT POSTED WITHIN A 704 GAMES COMPANY OFFERING BY, ANY 704 GAMES COMPANY OFFERING USER. IN NO EVENT SHALL 704 GAMES COMPANY’S OR ITS EMPLOYEES’, CONTRACTORS’, OFFICERS’, DIRECTORS’ OR SHAREHOLDERS’ LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO 704 GAMES COMPANY FOR YOUR PARTICIPATION IN ANY 704 GAMES COMPANY OFFERING. IN NO CASE SHALL 704 GAMES COMPANY OR ITS EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR SHAREHOLDERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY 704 GAMES COMPANY OFFERING OR 704 GAMES COMPANY SOFTWARE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SUCH LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT 704 GAMES COMPANY IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD 704 GAMES COMPANY LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF 704 GAMES COMPANY OFFERINGS AND OPERATORS OF SOCIAL NETWORKING AND OTHER EXTERNAL SITES, AND THAT THE RISK OF USING OR ACCESSING 704 GAMES COMPANY OFFERINGS AND 704 GAMES COMPANY SOFTWARE, SOCIAL NETWORKING SITES AND OTHER EXTERNAL SITES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.

 

INDEMNIFICATION
You agree to defend, indemnify and hold harmless 704 Games Company and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from and against any and all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of these Terms of Use for which you are responsible or in connection with your transmission of any content to, on or through any 704 Games Company Offering. Without limiting your indemnification obligations described herein, 704 Games Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

 

IMPORT TAXES AND FEES
When you buy physical goods (e.g. CD-ROM) through any 704 Games Company Offering for delivery outside the United States, you are considered an importer and, as between you and 704 Games Company, you will be responsible for payment of all taxes, duties, fees or other charges that may be applicable to such importation, including VAT, and you must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

 

EXPORT CONTROL LAWS
Certain 704 Games Company Offerings may be subject to United States and international export controls. By accessing 704 Games Company Offerings, you warrant that you are not located in any country, or exporting any 704 Games Company Offerings, to any person or place to which the United States, European Union or any other jurisdiction has embargoed goods. You agree to abide by all applicable export control laws and further agree not to transfer or upload, by any means electronic or otherwise, any 704 Games Company Offerings that may be subject to restrictions under such laws to a national destination prohibited by such laws without obtaining and complying with any required governmental authorizations.

 

OTHER LEGAL TERMS
You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. If any provision of these Terms of Use is found to be illegal or unenforceable, these Terms of Use will be deemed modified to the extent necessary to make them legal and enforceable, and will remain, as modified, in full force and effect. These Terms of Use, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and 704 Games Company relating to this subject matter, and cannot be changed or terminated orally.

 

PRIVACY
704 Games Company respects the privacy of 704 Games Company Offerings users. Please review our Privacy Policy which also governs your access to and use of the 704 Games Company Offerings, to understand our policies and practices with respect your personal information.

 

APPLICABLE LAW, JURISDICTION, AND VENUE
These Terms of Use and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of North Carolina, exclusive of conflict or choice of law rules.

The parties acknowledge that these Terms of Use evidence a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted under these Terms of Use shall be governed by the Federal Arbitration Act (9 U.S.C., §§ 1-16).

You and 704 Games Company irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts located in North Carolina, for all disputes arising out of or relating to these Terms of Use, the subject matter of these Terms of Use, or your access to and use of any 704 Games Company Offering, that are heard in court (not arbitration). The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside.

 

DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS “DISPUTE RESOLUTION BY BINDING ARBITRATION” PROVISION CAREFULLY, BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH 704 GAMES COMPANY AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

This provision precludes you from bringing any class, collective, or representative action against 704 Games Company. It also precludes you from participating in or recovering relief under any current or future class, collective, or representative action against 704 Games Company by someone else. In addition, arbitration precludes you from suing in court or from having a jury trial. You may opt out of this arbitration provision by following the instructions below.

Scope of Arbitration Provision. You and 704 Games Company agree that any dispute, claim or controversy arising out of or relating to your access to or use of any 704 Games Company Offering or to these Terms of Use (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of these Terms of Use) (a “Dispute”), shall be determined by arbitration, except that you and 704 Games Company are NOT required to arbitrate any Dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

Location of Arbitration and Applicable Rules. You and 704 Games Company agree that such arbitration shall occur in North Carolina. You may request to appear in such proceedings telephonically. You and 704 Games Company agree that such arbitration shall be conducted by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Service (“JAMS”), as modified by these Terms of Use.

Authority of Arbitrator. With the exception of class procedures and remedies as discussed below under “Waiver of Class Relief,” the arbitrator shall have the authority to grant any remedy that would otherwise be available in court.

Confidentiality. You and 704 Games Company shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

Allocation of Arbitration Fees. If you assert a Dispute as a consumer, you will only be required to pay arbitration fees of $250 of the fees charged by JAMS in connection with any arbitration under this section, and 704 Games Company will bear all other costs charged by JAMS or the arbitrator, including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services. You will still be responsible for paying your own attorneys’ fees.

Waiver of Class Relief. Whether the dispute is heard in arbitration or in court, you agree that you and 704 Games Company will not commence against the other a class action, class arbitration or other representative action or proceeding. You and 704 Games Company are each waiving respective rights to a trial by jury or to participate in a class action.

Procedure to Opt Out of Arbitration Provision. You may opt out of this arbitration provision only by written Notice via U.S. Mail, or by any nationally recognized delivery service (e.g., UPS, Federal Express, etc.) to 704 Games Company, Attn: 704 Games Company Legal, 704 Games Company 550 South Caldwell Street, 17th Fl. Charlotte, NC 28202. You must send such notice within thirty (30) days of your acceptance of these Terms of Use. You must sign and date the notice, and include in it your name, address, and a clear statement that you do not wish to resolve disputes with 704 Games Company through arbitration. If you do not follow this procedure by your thirty (30) day deadline to do so, then you and 704 Games Company shall both be bound by the terms of this section entitled Dispute Resolution by Binding Arbitration.

If any portion of this section entitled “Dispute Resolution by Binding Arbitration” is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

 

STATUTE OF LIMITATIONS
You and 704 Games Company 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 a 704 Games Company Offering, these Terms of Use or 704 Games Company’s Privacy Policy, must be filed within one (1) year after such claim or cause of action arose, and is thereafter forever barred.

 

SEVERABILITY
If any part of these Terms of Use is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

 

CONTACT US
704 Games Company
Attn: 704 Games Legal
550 South Caldwell Street
17th Fl.
Charlotte, NC 28202
USA

 

DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in a 704 Games Company Offering in a way that may constitute copyright infringement, you may provide notice of your claim to the 704 Games Company Representative listed below. For your notice to be effective, it must include the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located within the 704 Games Company Offering;
  • Information reasonably sufficient to permit 704 Games Company to contact you, such as address, telephone number, and, if available, an e-mail address at which you may be contacted;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • 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.

 

704 Games Company Representative:
704 Games Company
Attn: 704 Games Legal
550 South Caldwell Street
17th Fl.
Charlotte, NC 28202