PLEASE READ THIS TERMS OF SERVICE AGREEMENT AND THE RELATED PRIVACY POLICY CAREFULLY BEFORE USING THE “YES! GAMING” (AS DEFINED BELOW). BY USING THE YES! GAMING, YOU AGREE TO THESE THIS TERMS OF SERVICE AGREEMENT, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN PARAGRAPH 18 BELOW.
- Introduction and Acceptance.
Please read this Terms of Service Agreement (these “Terms”) carefully, as it constitutes legally binding terms and conditions between you, as the user of the YES! Gaming, and YES! Gaming, LLC and its affiliates (“YES!” “we” “us” or “our”). These Terms apply to your use and access to YES! Gaming’s esports retail gaming platform and any YES-branded websites and applications (collectively, the “YES! Gaming”), and apply whether you are accessing the YES! Gaming via a wireless or mobile device, a tablet a personal computer or any other technology or device (each, a “Device”).
If you do not agree to these Terms, then please do not use our Sites or Apps. If you do not agree to be bound by these Terms, you may not access or otherwise use the YES! Gaming.
These Terms, and any additional terms we may provide regarding other products, services and promotions we may offer, are incorporated in these Terms (the “Additional Terms”). For example, Additional Terms may include our acceptable use policy and community guidelines, and may apply to in-person attendance at YES! Gaming gyms, tournaments and gameplay, and any contest, sweepstakes and other promotions we may offer. The privacy of your personal information is important to us. For more information regarding the collection, use, sharing and transfer of your information, please refer to our Privacy Policy. Any capitalized terms used but not defined herein shall have their respective meanings in the Privacy Policy.
- Eligibility; Compliance.
Use of the YES! Gaming is limited to users 13 years of age and older. Certain features of the YES! Gaming may be subject to heightened age and/or other eligibility requirements and restrictions. If you are a user between the ages of 13 and 18 (or the age of majority under applicable local law), you and your parent or guardian must review this Agreement together, and your parent or guardian must agree to these Terms on your behalf. If you (or, if applicable, your parent or guardian) do not agree to these Terms, then you must not use or access the YES! Gaming. Please note that some content provided in connection with the YES! Gaming may not be suitable for individuals under the age of 18 and parental discretion is advised for all users under the age of 18. By using the YES! Gaming, you represent and warrant that you are over the age of 18 (or the age of majority under applicable local law), or whose parent or legal guardian has accepted and agreed to this Agreement. You also represent and warrant that your use of the YES! Gaming does not violate any law, rule or regulation to which you may be subject, including any terms, conditions or requirements promulgated by any provider of a Third Party Platform.
3. Intellectual Property Rights.
OWNERSHIP
As between you and YES! Gaming, YES! Gaming LLC owns the YES! Gaming, including all of the content (e.g., audio-visual content, photographs, audio, images, illustrations, graphics, video, copy, software, etc.), code, data and materials displayed on or otherwise made available through the YES! Gaming, including as contained in any advertisements and the “look and feel” of such content (collectively, “Content”). This includes all intellectual property and proprietary rights in such Content. When you use the YES! Gaming or download materials from the YES! Gaming, you do not acquire any ownership of any such Content. The YES! Gaming is only for your personal, non-commercial use. You may not make any commercial use of the YES! Gaming, or any Content made available on the YES! Gaming, unless you have received our prior written permission.
RESTRICTIONS
Except as we expressly permit, you may not download, display, copy, distribute, modify, perform, transfer, create derivative works from, sell, or otherwise exploit any Content on the YES! Gaming. The framing or scraping of or in-line linking to the YES! Gaming or any Content, and/or the use of webcrawler, spidering or other automated means to access, copy, index, process and/or store any Content, other than as expressly authorized by us, is prohibited. You further agree to abide by exclusionary protocols (e.g., Robot.txt, Automated Content Access Protocol (ACAP), etc.) used in connection with the YES! Gaming. Additionally, you are not permitted to alter, delete or conceal in any manner any copyright, trademark, or other notices contained on the YES! Gaming, including, without limitation, notices on any Content you transmit, display, print, stream or reproduce from the YES! Gaming. Any unauthorized or prohibited use of any Content may violate or infringe copyright and other laws of the United States and other countries, as well as applicable local and state laws, and may subject you to liability for such unauthorized use.
- User registration.
In order to access and use certain content, features and functionality of the YES! Gaming, to reserve in-arena experiences, place bookings for future arena visits, and attend our events and compete in our tournaments, we may require that you register for an account (“User Account”) by creating a username and password combination (“User Credentials”), and providing certain personal information. We collect, use and store such information in accordance with our Privacy Policy. You are solely responsible for the accuracy and content of your information. You are also responsible for maintaining the strict confidentiality of your User Credentials and you are responsible for any access to or use of the YES! Gaming by you or any person or entity using your User Credentials. You agree to immediately notify YES! Gaming of any unauthorized use of your User Credentials or User Account or any other breach of security. It is your sole responsibility to (a) control the dissemination and use of your User Credentials and User Account, (b) control access to your User Credentials and User Account, and (c) cancel your User Account on the YES! Gaming. We reserve the right to deny access, use and registration privileges to any User of the YES! Gaming if we believe you have provided inaccurate information or if there is a question about the identity of the person trying to access the YES! Gaming. YES! Gaming shall not be responsible or liable for any loss or damage arising from your failure to comply with this Section 4. If you are 13 years of age or older, but younger than 18 (or the age of majority under applicable local law), you may create a User Account online, however, when you first visit a YES! Gaming gym to play or attend an event, you will need to bring your parent or legal guardian to approve your User Account.
- User conduct.
We want to keep the YES! Gaming safe and enjoyable for everyone and the use of the YES! Gaming for unlawful or harmful activities is expressly prohibited. You agree that, while using the YES! Gaming, you shall not:
- Engage in or encourage conduct that would violate any applicable law, rule, regulation, judicial or government order or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other person or entity.
- Submit, post, email, display, stream, transmit or otherwise make available through the YES! Gaming any material or take any action that is or is likely to be unlawful, harmful, threatening, abusive, tortuous, defamatory, libelous, deceptive, fraudulent, invasive of another privacy or publicity rights, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery, descriptions or accounts of excessive violence or sexual acts, contains a link to an adult website or is patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- Submit, post, email, display, stream, transmit or otherwise make available through the YES! Gaming any material that you do not have a right to make available under any law, rule or regulation or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or otherwise creates a security or privacy risk for any other person or entity.
- Engage in or encourage conduct that affects adversely or reflect negatively on our brand, YES! Gaming, business, goodwill or reputation or causes duress, distress or discomfort to us or anyone else, or discourage any person from using the YES! Gaming, or from advertising or becoming a supplier to us in connection with the YES! Gaming.
- Submit, post, email, display, transmit or otherwise make available through the YES! Gaming any material that contains a software virus, worm, spyware, malware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Except as expressly permitted herein, use the YES! Gaming for commercial or business purposes.
- Modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the YES! Gaming or the rights or use or enjoyment of the YES! Gaming by any other user.
- Impersonate any person or entity or falsely state or otherwise represent your affiliation with any person or entity.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the YES! Gaming.
- Solicit passwords or personal identifying information for commercial or unlawful purposes from other users or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of other users or other information, including transmitting or facilitating in the transmission of junk email, chain letters, duplicative or unsolicited messages.
- Modify, reverse engineer, de-compile or disassemble any part of the YES! Gaming, whether in whole or in part, or create any derivative works from any part of the YES! Gaming, or encourage, assist or authorize any other person to do so.
- Submit, post, email, display, transmit or otherwise make available through the YES! Gaming any information, materials or content (and/or engage in or encourage conduct or other activities) that are, or could be perceived as, false, incorrect, misleading or deceptive.
YES! Gaming assumes no responsibility for monitoring the YES! Gaming for inappropriate, false, incorrect, misleading, deceptive or unlawful content, information, materials or conduct.
YES! Gaming reserves the right to investigate and take appropriate legal action against anyone who, in YES! Gaming’s sole discretion, violates, or is suspected of violating, this Section 5, including, without limitation, reporting you to law enforcement authorities.
6. Unsolicited submissions.
YES! Gaming is pleased to hear from its visitors and welcomes your comments regarding YES! Gaming products and services. If YES! Gaming sponsors a contest or sweepstakes that expressly invites users to submit material for consideration and that contest is governed by a set of Official Rules, then to the extent there is a conflict between the terms of this Paragraph and the terms of such Official Rules, the Official Rules will govern the use of material that is submitted as part of the contest or sweepstakes entry mechanic.
Outside of that type of contest or sweepstakes entry mechanic, however, YES! Gaming’s long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. While we value your feedback on our services, we request that you be specific in your comments on those services and products, and that you not submit any creative ideas, suggestions or materials, including but not limited to original ideas, concepts, or artwork. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by YES! Gaming’s or its affiliates professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us any original creative materials such as show designs, photographs, drawings, or original artwork that you expect to be compensated for or that you would like to keep private. If you nevertheless choose to make any such submission, YES! Gaming may freely use the submission, in whole or in part, for any purpose without any obligation to you.
Without limiting the generality of the foregoing, if you send or post a submission or if you send us creative suggestions, ideas, notes, photographs, drawings, concepts, or any other information (each, a “Submission” and collectively, the “Submissions”) despite our request that you not send us any unsolicited Submissions or other creative materials, the Submission will be treated as non-confidential and non-proprietary in each instance. None of the Submissions shall be subject to any obligation of confidence on the part of YES! Gaming, and YES! Gaming shall not be liable for any use or disclosure of any Submissions. Any Submission may be used by YES! Gaming without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such Submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas. YES! Gaming shall have and is hereby irrevocably granted the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, exploit, distribute and otherwise use the Submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. By submitting a Submission to the YES! Gaming or YES! Gaming LLC, you represent that such Submission is original with you and does not violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. Submissions to the YES! Gaming and/or YES! Gaming will not be acknowledged or returned. You agree and understand that YES! Gaming is not obligated to use any Submission you make to the YES! Gaming or YES! Gaming LLC and you have no right to compel such use. You hereby acknowledge and agree that your relationship with YES! Gaming is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to YES! Gaming does not place YES! Gaming in a position that is any different from the position held by members of the general public with regard to your Submission. You understand and acknowledge that YES! Gaming has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by YES! Gaming’s own employees. Many ideas may be competitive with, similar or identical to your Submission in structure, purpose, function, theme, idea, plot, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of YES! Gaming’s use of any such similar or identical material. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of YES! Gaming’s actual or alleged exploitation or use of any material you submit to the YES! Gaming and/or YES! Gaming, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the exploitation or other use of any YES! Gaming product or service based on or allegedly based on the material, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
7. Third party services and content.
The appearance, availability, or your use of any third party websites (whether in the form of a hyperlink or redirect), platforms, data or materials (“Third Party Services”) referenced or included anywhere in connection with the YES! Gaming does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of YES! Gaming. If any Third Party Services you interact with obtains or collects personal information from you, in no event shall we assume or have any responsibility or liability. Accordingly, we encourage you to be aware when you leave the YES! Gaming and to read the terms and conditions and privacy policy of each Third Party Service you use.
- Sponsorships and advertisements.
From time to time, you may choose to communicate with, interact with, or obtain Third Party Services from our advertisers, sponsors, or other promotional partners (collectively, “Sponsors”) found on or through the YES! Gaming or via a hyperlinked website, service or platform. All such communication, interaction and participation is strictly and solely between you and such Sponsors and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and any Sponsor or any goods or services you may purchase or obtain from any Sponsor).
- Payment, pricing and related terms.
FEE-BASED SERVICES
We may make available certain fee-based transactions, content and other e-commerce services, including, without limitation, the ability to book reservations at YES! Gaming gyms or purchase goods and services on and/or in connection with the YES! Gaming (“Fee-Based Services”). Certain Fee-Based Services may utilize third party service providers (e.g., Stripe, etc.), and all purchases made through these third party service providers are subject to their respective terms and conditions, and in the event of a conflict between such third party’s terms and conditions and these Terms, the terms and conditions of the third party service provider shall govern and control. YES! Gaming is not responsible and has no liability whatsoever for goods or services you obtain through our third party service providers or other web sites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. You agree to pay in full the prices for any purchases made using the User Account registered to you, including all applicable taxes.
PAYMENT METHOD AND TERMS
The YES! Gaming may accept certain methods of payment which will be indicated at the time of purchase as forms of payment (each, an “Authorized Payment Method”), subject to certain restrictions, including, without limitation, territory restrictions, bank/payment card restrictions, spending limits, third party service provider restrictions or otherwise, which may prevent the processing of your order. If a transaction has been declined online due to payment card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your transaction and should use another Authorized Payment Method. If a payment card company is being used for a transaction, YES! Gaming may obtain a pre-approval from the applicable payment card company for an amount up to the amount of the order. All purchases are final once you click the “Submit”, “Book” or similar button/link and billing to your payment card occurs at such time or shortly thereafter. If payment is not received by us from your credit card issuer, you agree to promptly pay all amounts due upon demand by us. YES! Gaming reserves the right to change any and all prices for any products or services at any time, for any reason.
ADDITIONAL TERMS AND CONDITIONS
YES! Gaming may revise any or all of the fees and prices associated with the Fee-Based Services at any time for any or no reason. Further, YES! Gaming does not guarantee that product descriptions or other content and products will be available, accurate, complete, reliable, current or error-free. Descriptions and images of, and references to, products or services on or in connection with the Fee-Based Services do not imply YES! Gaming’s endorsement of such products or services. Despite our best efforts, some products or services may be mispriced. If the correct price of a product or service sold by YES! Gaming is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or finalizing your reservation, or cancel your order or reservation and notify you of such cancellation.
YES! Gaming and its third party operational service providers reserve the right to change product descriptions, images, and references, and to limit the available quantity of any product. Further, if YES! Gaming terminates your use of or registration to the YES! Gaming because you have breached these Terms, you shall not be entitled to a refund of any unused portion of any fees, payments or other consideration.
SUPPORT
If you have a complaint or dispute about a certain charge, or about a certain feature or product made available on or in connection with the Fee-Based Services, you must promptly notify YES! Gaming customer service of such complaint or dispute by sending a detailed email to customer-service@yes-gaming.gg.
- Data and wireless access charges.
Certain of our Apps or Sites may require data access, and the provider of data access (e.g., network operator, wireless carrier, etc.) for your Device may charge you data access fees in connection with your use of such including, without limitation, wireless carrier messaging and other communication, messaging and data fees and charges. YES! Gaming will not be responsible for any such data access fees and charges in connection with your use of the YES! Gaming. Further, the use or availability of certain aspects of the YES! Gaming may be prohibited or restricted by your wireless carrier and/or data access provider, and not all aspects of the YES! Gaming may work with all wireless carriers, networks, platforms, services or devices.
- Assignment.
These Terms, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by YES! Gaming without restriction, notice or other obligation to you.
- Term/Termination.
These Terms shall remain in full force and effect while you use or are registered to use any of the YES! Gaming. You may terminate your use of or registration for the YES! Gaming at any time, for any reason, and YES! Gaming may terminate your use of or registration to the YES! Gaming at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to you or any third party.
- Copyright notice.
If you believe that any content or materials appearing on the YES! Gaming has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
Your name, address, telephone number, and email address
A description of the copyrighted work that you claim has been infringed;
The exact URL or a description of where the alleged infringing material is located
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
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf
Copyright Agent
By this filing, YES! Gaming seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in 17 U.S.C Section 512(c) or elsewhere in the law.
14. Indemnity.
By using the YES! Gaming, you agree to indemnify, defend and hold YES! Gaming, its affiliates, and parent company, and each of their respective successors and assigns, directors, LLC members, officers, employees, representatives, agents, licensors, advertisers, sponsors, partners, suppliers and service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) your use of the YES! Gaming, or (b) your breach or violation these Terms. YES! Gaming reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.
15. Modifications.
We may modify these Terms from time to time, and at any time, without notice to you, for any reason, in our sole discretion. We may post or display notices of material changes on the YES! Gaming and/or notify you via other electronic means. The form of such notice is at our discretion. Once we post or make them available on the YES! Gaming, these changes become effective immediately and if you use the YES! Gaming after they become effective it will signify your agreement to be bound by the changes. We recommend that you check back frequently and review these Terms regularly so you are aware of the most current rights and obligations that apply to you.
- Disclaimer and Limitations of Liability.
THE YES! GAMING, AND ALL CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YES! GAMING, ITS AFFILIATES, PARENT COMPANY, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, PARTNERS, SERVICE PROVIDERS, SPONSORS AND SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE YES! GAMING WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE YES! GAMING. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE YES! GAMING. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YES!, ITS AFFILIATES, PARENT COMPANY, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, PARTNERS, SERVICE PROVIDERS, SPONSORS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE YES! GAMING OR FROM THESE TERMS, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES. TO THE EXTENT YES! MAY NOT, AS A MATTER OF APPLICABLE LAW, LIMIT ITS LIABILITIES, THE EXTENT OF YES! GAMING’S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
BY ACCESSING THE YES! GAMING, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You hereby waive any and all rights you have or may have under California Civil Code Section 1542, and/or any similar provision of law or successor statute to it, with respect to limitations set forth in this section. In connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. The releases set forth in this Agreement shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant hereto.
YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THE CAPACITY OF THE YES! Gaming, IN THE AGGREGATE AND FOR EACH USER, IS LIMITED. CONSEQUENTLY, SOME MESSAGES, CONTENT AND TRANSMISSIONS MAY NOT BE PROCESSED IN A TIMELY FASHION OR AT ALL, AND SOME FEATURES OR FUNCTIONS MAY BE RESTRICTED OR DELAYED OR BECOME COMPLETELY INOPERABLE. AS A RESULT, YOU ACKNOWLEDGE AND AGREE THAT YES! GAMING LLC ASSUMES NO LIABILITY, RESPONSIBILITY OR OBLIGATION TO TRANSMIT, PROCESS, STORE, RECEIVE OR DELIVER TRANSACTIONS AND YOU ARE HEREBY EXPRESSLY ADVISED NOT TO RELY UPON THE TIMELINESS OR PERFORMANCE OF THE YES! Gaming FOR ANY TRANSACTIONS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.
- Customer support.
For assistance with technical issues or customer support inquiries, please send an email to customer-service@yes-gaming.com.
- Governing Law; Arbitration; Miscellaneous. A. These Terms contains the entire understanding and agreement between you and YES! Gaming concerning the YES! Gaming and supersedes any and all prior or inconsistent understandings relating to the YES! Gaming and your use thereof. These Terms cannot be changed orally. If any provision of these Terms is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and these Terms shall be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of these Terms; however, no action arising out of these Terms or your use of the YES! Gaming, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such case arose). The failure of YES! Gaming to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
B. These Terms and your use of the YES! Gaming is governed by, construed and enforced in accordance with the internal substantive laws of the State of Indiana (notwithstanding the state’s conflict of laws provisions) applicable to contracts made, executed and wholly performed in Indiana. You specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of Indiana and agree you shall not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THESE TERMS OF USE, YOUR USE OF THE YES! GAMING OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
C. By using the YES! Gaming in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against YES! Gaming and/or its parent, subsidiaries, affiliates and each of their respective members, officers, directors and employees (all such individuals and entities collectively referred to herein as the “YES! Gaming Entities”) arising out of, relating to, or connected in any way with the YES! Gaming or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Indiana, Indiana; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Terms and any of the other agreements referenced herein that the applicable user may have entered into in connection with the YES! Gaming; (5) the arbitrator shall apply Indiana law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable YES! Gaming Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any YES! Gaming Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any YES! Gaming Entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, YES! Gaming agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, YES! Gaming will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor YES! Gaming shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
D. To the extent that there is a conflict between these Terms and the Additional Terms, the Additional Terms shall govern.
E. The YES! Gaming is controlled by YES! Gaming from its offices in the U.S. YES! Gaming makes no representation or warranty that the YES! Gaming or Content contained on or made available in connection therewith is legal, appropriate or available for use in other locations. Those who choose to access the YES! Gaming from other locations do so at their own risk and are responsible for compliance with any and all local laws, rules and regulation, if and to the extent local laws, rules and regulations are applicable. No software made available in connection with the YES! Gaming may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.
F. These Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. These Terms may not be amended, nor any obligation waived, without YES! Gaming’s written authorization. Any failure to enforce any provision of these Terms shall not constitute a waiver thereof or of any other provision thereof. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms were last modified on the date indicated above and are effective immediately.
Copyright © 2023 YES! GAMING, LLC