Welcome, we are Beautiful Games, Inc. (“Beautiful Games” or “we” or “us” or “our”). Our website is located at https://www.beautifulgames.co/ (and any successor website thereto) (the “Site”), along with any content, functionality, and other services provided by us through or as described on the Site (collectively and including the Site, our “Service”). These terms of service (the “Terms”) are a legally binding contract entered into by and between you and Beautiful Games and the terms and conditions of these Terms, as set forth below, together with any documents they expressly incorporate by reference (collectively, this “Agreement”), govern your access to and use of the Service, whether as a guest or a registered user. Your use of the Service, or by clicking to accept or agree to these Terms when this option is made available to you, constitutes your consent to these Terms. If you do not want to agree to these Terms, you must not access or use the Service.
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT (AMONG OTHER THINGS) PROVIDES IN SECTION 19 (ARBITRATION) THAT YOU AND BEAUTIFUL GAMES WILL ARBITRATE CERTAIN CLAIMS INSTEAD OF GOING TO COURT AND THAT YOU WILL NOT BRING CLASS ACTION CLAIMS AGAINST BEAUTIFUL GAMES.
IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE SERVICE ON BEHALF OF, OR FOR THE BENEFIT OF, ANY CORPORATION, PARTNERSHIP, OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED (AN “ORGANIZATION”), THEN YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT.
References to “you” and “your” in this Agreement will refer to both the individual using the Service and to any such Organization.
We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. All changes are effective immediately when we post them and apply to all access and use of the Service thereafter. However, any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.
Your use of the Service following the posting of any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. You are expected to check this page of the Site each time you access the Service. We may, at any time and without liability, modify or discontinue all or part of the Service (including access to the Service via any third-party links); charge, modify, or waive any fees required to use the Service; or offer opportunities to some or all Service users. We reserve the right to withdraw or amend any service or material we provide on the Service, in our sole discretion without notice.
Your submission of information through the Service is governed by our Privacy Policy, located at www.beautifulgames.co/privacy (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Service is and will remain accurate and complete, and that you will maintain and update such information as needed.
The Service is controlled or operated (or both) from the United States and is not intended to subject Beautiful Games to any non-U.S. jurisdiction or law. We make no claims that the Service or any of its content is accessible or appropriate in non-U.S. jurisdictions. Any use of the Service is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area, or jurisdiction that we choose.
In connection with the Service, you must not:
We may make available the ability to purchase or otherwise obtain certain products or services through the Service (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as payment information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD, BANK ACCOUNT, OR OTHER PAYMENT METHOD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you represent and warrant that the applicable products or services will be used only in a lawful manner.
Beautiful Games reserves the right, including without prior notice, to limit the availability of or discontinue making available any product or service; to impose conditions on the honoring of any coupon, discount, or similar promotion, if applicable; to bar any user from making any Transaction; and to refuse to provide any user with any product or service. Refunds and exchanges will be subject to Beautiful Games’ applicable refund and exchange policies. You agree to pay all charges incurred by you or on your behalf through the Service, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions.
Products that are tangible goods will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Service. All Transactions are made pursuant to a shipment contract and, as a result, risk of loss and title for such products pass to you upon delivery of the products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
To access the Service or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the Service is correct, current, and complete. You agree that all information you provide to register with the Service or otherwise, including through the use of any interactive features on the Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
We may reject, or require that you change, any username, password, or other information that you provide to us in registering for an account. Your username and password are for your personal use only and must be kept confidential. You acknowledge that your account is personal to you and agree not to provide any other person with access to all or part of the Service using your username or password. You, and not Beautiful Games, are responsible for any use or misuse of your username or password. You agree to promptly notify us of any confidentiality breach or unauthorized use of your username or password, or your account. We have the right to disable any username or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.
We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users. You are responsible for both:
The Service may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) information, content, or materials (collectively, “User Contributions”) on or through the Service. Any User Contribution you post to the Service will be considered non-confidential and non-proprietary. By providing any User Contribution on the Service, you hereby grant to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform, and display (publicly or otherwise), create derivative works of, adapt, modify, and otherwise use, analyze, and exploit such User Contribution, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials). You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute and that you, not Beautiful Games, have fully responsibility for such User Contribution, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Service. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.
In addition, if you provide to us any ideas, proposals, suggestions, or other materials (“Feedback”), whether related to the Service, any products or services, or otherwise, such Feedback will be deemed a User Contribution, and you hereby acknowledge and agree that such Feedback is not confidential or proprietary to you, and that your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place Beautiful Games under any fiduciary or other obligation.
You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each User Contribution that you may have under any applicable law under any legal theory.
We may (but have no obligation to) monitor, evaluate, alter, or remove User Contributions before or after they appear on the Service, or analyze your access to or use of the Service. We may disclose information regarding your access to and use of the Service, and the circumstances surrounding such access and use, to anyone for any reason or purpose, including to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. We have the right to:
We are under no obligation to provide support for the Service. Instances where we may offer support, the support will be subject to published policies. Support is conducted through email at support@beautifulgames.co.
Subject to your compliance with this Agreement, and solely for so long as you are permitted by Beautiful Games to use the Service, you may view one (1) copy of any portion of the Service to which we provide you access under this Agreement, on any single device, solely for your personal, non-commercial use and not for further reproduction, publication, or distribution. We and our suppliers own the Service and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), which is protected by intellectual property or other proprietary rights laws. This Agreement permits you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Service, except as follows:
You acknowledge and agree that the availability of the Service may be dependent upon your entering into a valid license to products or services provided by third parties (“Third Party Services”). You acknowledge that this Agreement is between you and Beautiful Games, and not any such third party provider. You agree to comply with, and your license to use the Service is conditioned upon your compliance with, all applicable third-party terms when using the Service. The availability through the Service of any Third Party Services or any listing, description, or image of a Third Party Service does not imply our endorsement of such Third Party Service or affiliation with the provider of such Third Party Services. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding access to and the use of any Third Party Services.
ANY THIRD PARTY SERVICES OR PRODUCT THAT YOU MAY CHOOSE TO USE ARE NOT OUR PRODUCTS, AND WE DO NOT WARRANT OR SUPPORT THOSE PRODUCTS IN ANY WAY, AND, ULTIMATELY, YOU (AND NOT US) WILL DECIDE WHETHER AND HOW YOU USE THOSE THIRD PARTY PRODUCTS. ANY USE OF ANY THIRD PARTY PRODUCT IS SOLELY BETWEEN YOU, AND THE THIRD PARTY PROVIDER, AS APPLICABLE.
Certain Service functionality may make available access to information, products, services, and other materials made available by third parties, including User Contributions (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route, and transmit to you the applicable Third Party Materials.
We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading, or deceptive. Nothing in this Agreement will be deemed to be a representation or warranty by Beautiful Games with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Service at any time. In addition, the availability of any Third Party Materials through the Service does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF USE/SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.
Your use of the Service, its content, and any services or items obtained through the Service is at your own risk. THE SITE AND ANY PRODUCTS/SERVICES AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY PRODUCTS/SERVICES AND THIRD PARTY MATERIALS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH COMPANY AND ITS AFFILIATES AND, AS APPLICABLE, THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
Without limiting the foregoing, neither Beautiful Games nor anyone associated with Beautiful Games guarantees that the Service, or its content or any services or items obtained through the Service, will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, or that the Service or any services or items obtained through the Service will otherwise meet your needs or expectations. In addition, third parties may make unauthorized alterations to the Service. If you become aware of any such alteration, contact us at support@beautifulgames.co with a description of such alteration and its location on the Service.
You understand that we do not guarantee that files available for downloading from the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
BEAUTIFUL GAMES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, OR DATA, LOSS OF OTHER INTANGIBLES, OR LOSS OF SECURITY OF USER CONTRIBUTIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY USER CONTRIBUTIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, COMPANY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR FROM ANY PRODUCTS/SERVICES OR THIRD PARTY MATERIALS, INCLUDING ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY PRODUCTS/SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE OR ANY PRODUCTS/SERVICES OR THIRD PARTY MATERIALS IS TO STOP USING THE SERVICE. THE MAXIMUM AGGREGATE LIABILITY OF COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL BE THE GREATER OF: (A) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO BEAUTIFUL GAMES TO USE THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM; AND (B) TEN DOLLARS ($10). ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH BEAUTIFUL GAMES AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages. Solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have certain additional rights.
Except to the extent prohibited under applicable law, you agree to defend, indemnify, and hold harmless Beautiful Games and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys’ fees) arising out of or relating to: (a) your use of, or activities in connection with, the Service (including all User Contributions); and (b) any violation or alleged violation of this Agreement by you.
Except to the extent prohibited under applicable law, you agree to defend, indemnify, and hold harmless Beautiful Games and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys’ fees) arising out of or relating to: (a) your use of, or activities in connection with, the Service (including all User Contributions); and (b) any violation or alleged violation of this Agreement by you.
This Agreement is effective until terminated. Beautiful Games may terminate or suspend your use of the Service at any time and without prior notice, for any or no reason, including if Beautiful Games believes that you have violated or acted inconsistently with this Agreement. Upon any such termination or suspension, your right to use the Service will immediately cease, and Beautiful Games may, without liability to you or any third party, immediately deactivate or delete your username, password, and account, and all associated materials, without any obligation to provide any further access to such materials. The parties hereto acknowledge that many of the terms and conditions of this Agreement are intended to survive any termination of this Agreement. Therefore, any terms and conditions that are intended by their nature to survive the termination of this Agreement shall survive such termination regardless of whether such provision is expressly stated as so surviving.
The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location.
19.1 Generally. In the interest of resolving disputes between you and Beautiful Games in the most expedient and cost-effective manner, you and Beautiful Games agree that any and all disputes arising in connection with this Agreement will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to, all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BEAUTIFUL GAMES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY COLLECTIVE ACTION.
19.2 Exceptions. Despite the provisions of Section 19.1 (Generally), you and Beautiful Games agree that nothing in this Agreement will be deemed to waive, preclude, or otherwise limit either of our right to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
19.3 Arbitrator. Any arbitration between you and Beautiful Games will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Beautiful Games.
19.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or only if that other party has not provided a current physical address, then by electronic mail (“Notice”). Beautiful Games’ address for Notice is: 2108 N Street, Suite N, Sacramento, CA 95816. The Notice must: (i) describe the nature and basis of the claim or dispute in detail; and (ii) set forth the specific relief sought. We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Beautiful Games may commence an arbitration proceeding. An arbitration proceeding may not commence until 30 days after Notice has been received. During the arbitration, the amount of any settlement offer made by you or Beautiful Games must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. YOU AND BEAUTIFUL GAMES FURTHER AGREE THAT NO ARBITRATOR HAS THE AUTHORITY TO AWARD RELIEF IN EXCESS OF WHAT THESE TERMS PROVIDE, INCLUDING, BUT NOT LIMITED TO, THE LIMITATIONS ON LIABILITY IN SECTION 15 (LIMITATION OF LIABILITY).
19.5 No Class Actions. YOU AND BEAUTIFUL GAMES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Beautiful Games agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
19.6 Enforceability. If Section 19.5 (No Class Actions) is found to be unenforceable or if the entirety of this Section 19 is found to be unenforceable, then the entirety of this Section 19 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 18 (Governing Law) will govern any action arising out of or related to this Agreement.
If you have a question or complaint regarding the Service, please send an e-mail to support@beautifulgames.co. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include bank account, credit card, or other payment information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA, 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Service infringe your copyright, you (or your agent) may send to Beautiful Games a written notice by mail, e-mail, or fax, requesting that Beautiful Games remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Beautiful Games a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to our DMCA agent as follows:
By mail to:
Beautiful Games, Inc.
ATTN: DMCA
2108 N Street, Suite N, Sacramento, CA 95816
By e-mail to copyright@beautifulgames.co.
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant, and covenant that you are not: (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a state sponsor of terrorism; or (b) on any of the U.S. government lists of restricted end users.
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Beautiful Games. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation”. This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Beautiful Games relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Beautiful Games relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Service or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Beautiful Games will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
www.beautifulgames.co © 2024 Beautiful Games, Inc. unless otherwise noted. All rights reserved.
