GAMEBOARD SUBSCRIBER TERMS
Last Modified: August 31, 2021
1. Your Acceptance
Welcome to the Gameboard Subscriber Terms. This is an agreement (“Agreement”) between The Last Gameboard, Inc., the owner and operator of the website https://www.lastgameboard.com and the Gameboard software, application, components, Deliverable Content (defined below) and any associated services offered (collectively the “Platform”) and you (“you”, “your”, or “Subscriber”) a subscriber of the Platform.
Throughout this Agreement, the words “Gameboard,” “us,” “we,” and “our,” refer to our company, Gameboard, as is appropriate in the context of the use of the words.
PLEASE BE AWARE THAT THERE ARE ARBITRATION, LIMITATION OF LIABILITY, AND CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.
2. Platform and Registration
3. Hardware Purchase
Please be aware that Gameboard may require an additional hardware (“Hardware”) purchase to access some portions of the Platform. Such Hardware purchase is separate from any Subscription (defined below) fees as set forth within this Agreement. All Hardware purchased is subject to any additional terms or license agreements related to such Hardware and any warranties (if any) therein.
4. The Platform
After registering and properly subscribing to our Platform, you may obtain access to certain services, software and content made available, at our discretion, to you. Any associated software, services, downloads, content, or updates including but not limited to any Third Party Content (defined below) that is accessible via the Platform, shall be referred to as "Deliverable Content”. Any rights to access, purchase, download, or otherwise use any Deliverable Content through the Platform shall be managed through your chosen subscription (“Subscription”). Each Subscription allows you to access particular Deliverable Content. Some Subscriptions may provide for additional terms specific to that Subscription or additional rules ("Subscription Terms and Rules"). Such Subscription Terms and Rules shall be stated within the Platform, within your account, or may be available within any Deliverable Content. You agree to abide by all Subscription Terms and Rules when using the Platform or accessing any Deliverable Content. You may use the Platform solely as permitted and provided for by Gameboard, in accordance with your purchased Subscription plan and this Agreement, and in compliance with all applicable laws. Please be aware that all portions of the Platform are offered on an “as is” basis and Gameboard makes no representations or warranties regarding any portion of the Platform including any Deliverable Content. Gameboard reserves the right to modify, change, and/or discontinue any and all portions of the Platform at any time and may also remove, modify, add, change, alter, remove any features or functionality to the Platform or your access to the Platform via your Subscription, at our sole discretion. If you breach this Agreement, your access to use our Platform may be terminated at our discretion. Additionally, we may revoke access to our Platform or your Subscription if we believe that your actions may harm us, our business interests, or any third party rights. Failure by us to revoke your access does not act as a waiver of your conduct. Please be aware that we are not responsible for any Third Party Content (defined below) encountered on the Platform.
5. Access to the Platform and Deliverable Content
Upon proper purchase of a Subscription, where required, we shall grant you access to the Platform and any Deliverable Content. Where you are required to download or receive a copy of any Deliverable Content onto your Hardware or other device we hereby grant, and you accept, a non-exclusive license and right, to use the Deliverable Content for your personal, non-commercial use. Such right and license is fully revocable by us and may not be transferred to a third party without our written consent. This license ends upon termination of (1) this Agreement or (2) a Subscription that includes the license. The Deliverable Content is licensed, not sold. Your license confers no title or ownership to any Deliverable Content. To fully access the Deliverable Content, you may be required to purchase additional Hardware and provide your own access to the internet.
6. Platform Ownership
You acknowledge that the structure, organization, and code of the Platform, any hosted services, and all related software components are proprietary to Gameboard and/or Gameboard’s licensors and that Gameboard and/or its licensors retains exclusive ownership of the Platform, any documentation, information and any and all other intellectual property rights relating to the Platform, including all modifications, copies, enhancements, derivatives, and other software and materials developed hereunder by Gameboard. You shall not sell, copy, reproduce, transfer, publish, disclose, display or otherwise make available the Platform or any portions of the Platform including any modifications, enhancements, derivatives, and other software and materials developed hereunder by Gameboard to others in violation of this Agreement. You shall not remove any proprietary, copyright, trademark, or service mark legend from any portion of any of the Platform, including any modifications, enhancements, derivatives, and other software and materials developed by Gameboard. All rights not expressly granted in this Agreement are reserved for us. All title, ownership rights and intellectual property rights in and to the Deliverable Content and any and all copies thereof, are owned by Gameboard and/or its or its affiliates’ licensors. All rights are reserved, except as expressly stated herein. The Deliverable Content is protected by copyright laws, international copyright treaties and conventions and other laws. The Deliverable Content contains certain licensed materials and Gameboard and its affiliates’ licensors may protect their rights in the event of any violation of this Agreement.
7. Third Party Content
Some Deliverable Content may contain third party content, information, deliverables, software, modifications, patches, downloads or other information that is not authored by Gameboard (collectively “Third Party Content”). Gameboard does not screen, verify, confirm, or make any representations or warranties as to any Third Party Content found on the Platform and takes no responsibility for such Third Party Content made available on the Platform. You agree to release us from all liability for any Third Party Content encountered or otherwise used by you on the Platform. When accessing any Third Party Content, such Third Party Content may be subject to additional rules or requirements (“Third Party Content Rules”) aside from any Subscription Terms and Rules. You agree to abide by all Third Party Content Rules when accessing the Third Party Content on the Platform and shall indemnify us for your use of any Third Party Content.
8. Subscriber Responsibilities
Subscriber represents and warrants that: (1) Subscriber shall only personally use the Platform for non-commercial purposes; (2) Subscriber shall not attempt to commercially exploit the Platform or any Deliverable Content encountered on the Platform; and (3) Subscriber shall not share its Subscription with anyone else except where permitted by the Platform.
9. Subscriber Payments
Subscriber agrees to pay for all costs, fees, and taxes listed when purchasing access to the Platform including any recurring Subscriptions. Where Subscriber has properly paid for a Subscription we shall grant Subscriber access to the Gameboard Platform in accordance with this Agreement. Subscriber may upgrade or downgrade its Subscription at any time subject to our Subscription terms. We may use a third party payment processor to process any payments made by you. Subscriber must agree to our third party payment processors’ terms and conditions for processing payments. We reserve the right to change our third party payment processor at our discretion. All prices are listed in US Dollars. All information that you provide in connection with a payment or transaction must be accurate, complete, and current. Where Subscriber has failed to pay or where payments are overdue, Gameboard may suspend or terminate Subscriber’s Subscription or its access to the paid portions of the Platform, without liability to us.
10. Automatic Payment and Renewal
Where a Subscriber has purchased a Subscription, Subscriber’s payment information shall be logged for Subscriber’s convenience. IF SUBSCRIBER’S ACCOUNT HAS BEEN SET UP FOR AUTOMATIC BILLING, GAMEBOARD MAY CHARGE SUBSCRIBER AUTOMATICALLY AND ON A RECURRING BASIS, UNLESS SUBSCRIBER NOTIFIES US THAT SUBSCRIBER WANTS TO CANCEL SUBSCRIBER’S AUTOMATIC PAYMENT VIA SUBSCRIBER’S ACCOUNT DASHBOARD. ADDITIONALLY, SUBSCRIBER AUTHORIZES GAMEBOARD TO BILL SUBSCRIBER ON A RECURRING BASIS AND AGREES THAT SUBSCRIBER’S SELECTED SUBSCRIPTION SHALL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS (OF THE SAME LENGTH AS SUBSCRIBER’S INITIAL SUBSCRIPTION) UNTIL WE ARE NOTIFIED OTHERWISE. SUBSCRIBER AGREES THAT NO ADDITIONAL CONSENT IS REQUIRED BY SUBSCRIBER TO CHARGE SUBSCRIBER’S PREFERRED PAYMENT METHOD AUTOMATICALLY AND ON AN AUTOMATICALLY RENEWABLE BASIS FOR THE SUBSCRIPTION SELECTED.
11. Refunds for Subscription
We currently do not offer any refunds for any Subscriptions purchased through the Platform. If Subscriber has any questions regarding the subscription or refund policies, please contact us at firstname.lastname@example.org.
Where Gameboard does not charge Subscriber taxes for any payments, Subscriber agrees to pay any and all applicable taxes. Subscriber agrees that Gameboard cannot and will not provide Subscriber with any tax advice; any such questions should be directed to Subscriber’s tax attorney or other tax professional.
13. Pricing and Price Increases
The pricing for all paid Subscriptions is listed on the Gameboard Platform or within Subscriber’s account. Additionally, Gameboard may increase the price of any paid Subscriptions or Gameboard fees charged, at our discretion and we reserve the right to do so at any time. In the event of a price increase, Gameboard shall notify Subscriber and Subscriber will have the chance to accept or reject any price increase. Please notify us if Subscriber intends to reject a price increase. Where Subscriber has rejected a price increase this Agreement may be terminated immediately at our discretion. Subscriber agrees that Gameboard has no obligation to offer any Subscriptions for the price originally offered to Subscriber at sign up.
14. Free Trials and Beta
Gameboard may offer the Platform or any associated Subscription on a free trial or beta basis. Gameboard reserves the right to discontinue or modify any free trials at any time and without liability. Where Subscriber has signed up for a free trial, Subscriber agrees at the expiration of Subscriber’s free trial Subscriber may be automatically charged for any additional usage of the Platform at Subscriber’s chosen Subscription.
For any beta Subscription, Subscriber agrees that it may be limited in time, and may be subject to additional Subscription Terms. Further, Subscriber may be required to provide feedback, suggestions or data for any beta Subscription. Please be aware that a beta Subscription is solely intended for research and feedback and may contain errors, is not final and may create incompatibilities or damage to your computer, data, and/or software.
15. Subscriber Account Holds
From time to time, Gameboard may place a hold (“Hold”) on a Subscriber’s account or Subscriber’s Subscription. Some of the reasons that we may place a Hold on Subscriber’s account include but are not limited to the following: (1) if we have reason that Subscriber’s actions have violated this Agreement, may harm our business, are deceptive, misleading, unlawful, or have harmed a third party or interfere with a third party contractual right; (2) at the request of our payment processors or due to delayed payment; or (3) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If Subscriber has questions about a Hold we may have placed on Subscriber’s account, or need information about how to resolve the Hold, please contact us. Additionally, we may suspend Subscriber’s access or Subscription to the Platform while such Hold is in place.
16. Termination of Subscription
Subscriber may cancel its Subscription at any time via Subscriber’s Gameboard dashboard or contacting us at email@example.com. Please be aware that upon termination of Subscriber’s account, access to all or portions of our Platform may be immediately disabled, and any Subscriber Content stored may not be retained. We may terminate Subscriber’s Subscription if we determine that: (1) Subscriber has violated any applicable laws while using our Platform; (2) if Subscriber fails to pay his or her Subscription in a timely manner; (3) if Subscriber has violated any portion of this Agreement or any of our Platform policies; or (4) if we believe that any of Subscriber’s past, current, or future actions may legally harm Gameboard, our business interests or a third party, at our discretion. In the event of termination, we will strive to provide Subscriber with a timely explanation; however, we are not required to do so.
18. Subscriber Content
A Subscriber’s ability to submit or transmit any information through the Platform, including but not limited to Subscriber information, data, recordings, written content, images, videos, or any other information will be referred to as “Subscriber Content” throughout this Agreement. Gameboard is not required to host, store, display, migrate, or distribute any of your Subscriber Content and we may refuse to accept or transmit any Subscriber Content at our discretion. You agree that you are solely responsible for any Subscriber Content submitted and you release us from any liability associated with any Subscriber Content submitted. Any Subscriber Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion.
When submitting any Subscriber Content to our Platform you represent and warrant that you own all rights to the Subscriber Content, you have paid any fees to use or license the Subscriber Content, or you otherwise have the permission and right to use any Subscriber Content. Furthermore, you represent and warrant that all Subscriber Content is legal and the Subscriber Content does not interfere with any third party rights or obligations.
When you submit any Subscriber Content to us, you grant Gameboard, its partners, affiliates, Subscribers, representatives and assigns a non-exclusive, unlimited, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your Subscriber Content for the purposes of providing you any services associated with the Platform. Please be aware that Subscriber Content may be shared with other Subscribers of the Platform, third parties, or the general public, as applicable. Gameboard has no liability to you for any Subscriber Content including all data, information, copy, images, URL names, and anything else submitted by you or any third parties using the Platform. Specifically, Gameboard shall not be liable for any errors related to any Subscriber Content. We reserve the right to remove, delete, modify, screen, edit, or refuse any Subscriber Content for any reason or no reason, and with or without notice to you.
19. Additional Guidelines for Subscriber Content
Please be aware that all Subscriber Content may be viewed by third parties, thus we cannot guarantee the confidentiality of any Subscriber Content. When submitting any Subscriber Content you agree to the following:
- You agree that Subscriber Content submitted is truthful, up-to-date, and accurate;
- You agree not to submit any Subscriber Content that contains any confidential information;
- You agree not to submit any Subscriber Content that contains nudity, or sexual, or explicit content;
- You agree not to submit any Subscriber Content that depicts gratuitous violence, animal or child abuse, or encourages violence against others;
- You agree not to submit any Subscriber Content that contains hate speech or promotes or condones violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation/gender identity;
- You agree not to submit any Subscriber Content that is considered spam or politically controversial; and
- You agree not to submit any Subscriber Content that may be considered: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
If you have violated any of our Subscriber Content Guidelines or if we believe that any Subscriber Content may harm the Platform, your access to the Platform may be suspended or terminated.
20. Monitoring Subscriber Content
Gameboard shall have the right, but not the obligation, to monitor all Subscriber Content on the Platform at all times, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, Gameboard shall have the right, but not the obligation, to remove or disable access to any Subscriber Content at its sole discretion.
21. Use of the Platform
When using our Platform, you are responsible for your use of the Platform. You agree to the following:
- You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform;
- You may not use automated bots or other software to send more messages through our Platform than humanly possible;
- You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it;
- You may not access our Platform in an attempt to build a similar or other competitive product;
- You may not use the Platform in an unlawful manner;
- You agree not to cheat, tamper with, use bots, mod, hack, circumvent, or otherwise disable any portion of the Platform;
- You may not use a Platform in a manner that is anti-competitive or might otherwise harm the experience of other users of the Platform;
- You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You may not violate or infringe other people's intellectual property, privacy, or other contractual rights while using our Platform;
- You may not interfere with or disrupt the Platform;
- You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing; and
- You agree that you will not hold Gameboard responsible for your use of our Platform
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended. Additionally, if we believe that your actions may harm us or a third party we may suspend or terminate your use of the Platform and we may pursue any legal remedy available to us under applicable law. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but Gameboard reserves the right to suspend or terminate any account at any time at our discretion.
22. Platform Availability
Although we strive to make the Platform generally available, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Platform. You agree and acknowledge that the Platform may not always be either 100% reliable or available. Only Subscribers who are eligible to use our Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.
23. Modification of Platform
We reserve the right to alter, modify, update, or remove the Platform or any portions thereof, at any time at our discretion. We reserve the right to discontinue previously offered features or functionality at our sole discretion and without prior notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of any portion of the Platform. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by the Platform without notice to you.
24. Idea Submission
Gameboard or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to Gameboard. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Gameboard’s products might seem similar to ideas submitted to Gameboard. Any Submissions, whether solicited or unsolicited, will be treated as follows: (1) Submissions and their contents will automatically become the property of Gameboard, without any compensation to the submitter; (2) Gameboard may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Gameboard to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
THE PLATFORM IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER GAMEBOARD, NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE PLATFORM, DELIVERABLE CONTENT OR ANY HARDWARE; (2) ANY INFORMATION OR CONTENT PROVIDED VIA THE PLATFORM INCLUDING ANY THIRD PARTY CONTENT; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. GAMEBOARD DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. GAMEBOARD DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. GAMEBOARD DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND GAMEBOARD SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
26. Limitation of Liability
IN NO EVENT SHALL GAMEBOARD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT GAMEBOARD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY GAMEBOARD’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID IN THE PAST SIX (6) MONTHS TO USE OUR PLATFORM OR ONE HUNDRED USD, WHICHEVER IS GREATER.
You agree to defend, indemnify and hold harmless Gameboard, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- your use of and access to the Gameboard Platform or any usage of the Platform made through your account;
- your violation of any term of this Agreement; or
- your violation of any third party right, including without limitation any copyright, property, or contractual right.
This defense and indemnification obligation will survive this Agreement and your use of the Gameboard Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
We take copyright infringement very seriously and intend to abide by the Digital Millennium Copyright Act (“DMCA”). If you believe that any copyrighted material owned by you has been infringed upon by someone using our Platform, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our Platform of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent: Copyright Agent of Gameboard, firstname.lastname@example.org or The Last Gameboard, Inc. 1404 Larimer St., Ste. 200, Denver, CO 80202, United States of America.
In the event that you receive a notification from Gameboard stating content posted by you has been subject to a DMCA takedown, you may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must contain the following:
- Your name, address, email and physical or electronic signature.
- The notification reference number (if applicable).
- Identification of the material and its location before it was removed.
- A statement under penalty of perjury that the material was removed by mistake or misidentification.
- Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the US).
- Your consent to accept service of process from the party who submitted the takedown notice.
Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements. Please send this counter-notice to: Gameboard, email@example.com or The Last Gameboard, Inc., 1404 Larimer St., Ste. 200, Denver, CO 80202, United States of America.
29. Choice of Law
This Agreement shall be governed by the laws in force in the state of Colorado. The offer and acceptance of this contract is deemed to have occurred in the state of Colorado.
Any dispute relating in any way to this Agreement or your use of the Platform shall be submitted to confidential arbitration in Denver, Colorado. Arbitration under this Agreement shall be conducted pursuant to the applicable Consumer Rules that can be found at https://www.adr.org/Rules (“Rules”) under the American Arbitration Association. Arbitration shall be conducted in English by one (1) arbitrator as selected pursuant to the Rules; the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. Where permitted by the Rules, both parties may make any and all appearances telephonically, in written briefs, or electronically. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. Notwithstanding the foregoing, either party may seek equitable relief to protect its interests (including but not limited to injunctive relief), or make a claim for non-payment, in a court of appropriate jurisdiction, and issues of intellectual property ownership or infringement may be decided only by a court of appropriate jurisdiction and not by arbitration. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration or if this arbitration agreement is unenforceable, you agree that any actions and disputes shall be brought solely in a court of competent jurisdiction located within Denver County, CO.
You may opt-out of this dispute resolution provision by notifying Gameboard within 30 days of the date on which you entered into this Agreement or purchased a subscription, whichever is earlier. You must do so by writing to Gameboard, 1404 Larimer St., Ste. 200, Denver, CO 80202, United States of America, attn: Arbitration Opt-Out, and you must include your name, address, account information, and a clear statement that you do not wish to resolve disputes with Gameboard through arbitration. Where you opt out of arbitration, all disputes shall be heard in a court of competent jurisdiction located within Denver County, CO.
31. Class Action Waiver
You and Gameboard agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with Gameboard are deemed to conflict with each other’s operation, Gameboard shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
34. Assignment and Survival
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Disclaimer, Subscriber Content, Access, Use of the Platform, Intellectual Property, Payment, Indemnification, Class Action, and Arbitration sections.
35. Entire Agreement and Notices
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform.
37. Electronic Communications
The communications between you and Gameboard use electronic means, whether you visit the Platform or send Gameboard e-mails, or whether Gameboard posts notices on the Platform or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from Gameboard in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Gameboard provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
38. Platform Issues
If you have any questions, issues, or have trouble accessing or using the Platform, please contact us through the Platform or by email at firstname.lastname@example.org.
We may terminate this Agreement, if: (1) you have violated any applicable laws while using our Platform; (2) if you have violated any portion of this Agreement or any of our Platform policies; or (3) if we believe that any of your current or future actions may legally harm Gameboard, our business interests or a third party, at our discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so. Please be aware that upon termination of your account, access to all or portions of our Platform may be become immediately disabled and any Subscriber Content stored on the Platform may become inaccessible or deleted and we shall have no liability to you in regards to any retention of your Subscriber Content.
40. California Subscribers
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Gameboard must be sent to our agent for notice to: email@example.com or The Last Gameboard, Inc. at 1404 Larimer St., Ste. 200, Denver, CO 80202, United States of America.
California Subscribers are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.