1. This Agreement
Last Modified on August 16, 2016
By using the Service, you agree to be bound by the terms of this Agreement. This Agreement represents the entire agreement concerning the Service between you and KombatLink, and it supersedes any prior proposal, representation, agreement, negotiation, offer, counteroffer, acceptance, understanding, or any contrary terms between the parties. If you do not agree to the terms of this Agreement, you are not authorized to use the Service, should immediately delete your account, and cease all use of the Service.
2. Your Account
We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review the Service and these Terms. Your continued use of the Service after such modifications will constitute acknowledgment and acceptance of the modified Terms.
BY USING THIS SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE SERVICE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SERVICE, ANY PRODUCT OR SERVICE AVAILABLE ON THE SERVICE, OR THESE TERMS IS TO CEASE USING THE SERVICE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. THESE TERMS ARE EFFECTIVE ONCE YOU CHECK THE BOX AND CLICK THE ‘I AGREE’ BUTTON BELOW.
KombatLink grants you a non-exclusive, non-transferable, revocable, limited license, subject to all limitations provided herein, to access and use the Service using a personal computer or mobile device, solely in accordance with the terms of this Agreement. This access will be granted through the generation of an account (an “Account”), which will allow access to certain portions of the Site or Service otherwise inaccessible to those not a party to this Agreement. You may not rent, lease, or lend the Service or your Account, or offer it for any commercial use or purpose. You agree to fully comply with all applicable laws regarding use of the Service.
3. Account and Virtual Item Ownership
You must be at least 13 years of age to access and create an account on the Service, and to participate in Non-Cash Player Matches (as defined below in Section 5). You must be at least 18 years of age to access, use, and create and account on the Service, and participate in Cash Player Matches (as defined below in Section 5). As a material inducement to KombatLink entering into this Agreement with you, you represent to KombatLink that you are at least 13 years of age (or 18 years of age if you participate in Cash Player Matches), and not subject to any prohibitions or restrictions that would prevent or inhibit you from entering into legally enforceable agreements.
will be consenting to allow your child to participate in Cash Player
Matches. Some of the content on the KombatLink Service may be inappropriate for individuals under 18 years of age.
KombatLink reserves the right to disable your account, disqualify you from the Service, and remove your content, either temporarily or permanently, at any time, if they find or suspect that you are abusing the Service in accordance with whatever community standards they shall apply. You are responsible for all content uploaded with your Account, and subject to whatever legal restrictions you would normally be under for distributing such content.
Virtual goods and currency may be offered as a feature of the Service. Your election to make a purchase will be an offer to KombatLink to purchase at the prices and on the terms set forth herein and on the Service. Completion of the transaction will constitute KombatLink’s acceptance of your offer. KombatLink will have no liability as a result of any failure of any transaction to be completed. No transaction will be deemed completed until such time as KombatLink has received payment from the credit card processor for the virtual goods or currency that is the subject of the applicable transaction.
4. Live Chat and Forum
You may not buy, sell, give or trade any Account, nor attempt to buy, sell, give or trade any Account. KombatLink owns, has licensed, or otherwise has rights to all of the content that appears on the Service. You agree that you have no right or title in or to any such content, including, without limitation, the virtual goods or currency appearing or originating on the Service, or any other attributes associated with an Account. KombatLink does not recognize any purported transfers of virtual property executed outside of the Service, or the purported sale, gift or trade in the “real world” of anything that appears or originates therein. Virtual goods that may be originally acquired by “farming” are subject to confiscation by KombatLink. You may not sell in-Service items or currency for “real” money, or exchange those items or currency for value outside of the Service. Under no circumstances will refunds be given for virtual goods. In connection with virtual goods, all sales are final.
You are responsible for your conduct as a member of the community and as a user of the Service. You represent, warrant and agree that you will not engage in conduct or communication (written, verbal, or nonverbal), either yourself, or by or through your avatar, which:
- is threatening, bullying, defamatory, abusive, obscene, lewd, sexually provocative or suggestive, pornographic, or which in any manner could give rise to any civil or criminal liability under applicable law;
- could infringe or lead to infringement of any copyright, trademark, publicity or privacy right, or any other intellectual property or personal right of any person or entity;
- is or could be taken as slurs, hate speech or attacks on individuals or groups on the basis of race, color, gender, age, religion, national origin, disability, sexual preferences, or gender identity;
- constitutes spam (sending the same message multiple times or to multiple people will be treated as spam);
- is a solicitation or advertisement for any lewd or inappropriate personal conduct, commercial product or activity;
- encourages or constitutes behavior that does not support a safe and comfortable environment for all users, whish conduct may include but not be limited to bullying, vigilantism, engaging in any conduct or activity that is threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, lewd, sexually provocative, suggestive, or explicit, inflammatory, profane, racially or ethnically objectionable or discriminatory, religious or political, or in any manner encourages inappropriate, disrespectful, abusive, or unlawful conduct or otherwise makes the Service an uncomfortable experience for anyone;
- restricts, inhibits, or discourages any other user from using the Service or contains a virus or other harmful component;
- hacks, modifies or otherwise makes use of cheats, mods, automation software (bots) or any other unauthorized third-party software designed to modify the Service experience;
- violates any local, state, federal or international laws or gives rise to civil liability;
- violates or infringes any rights of third parties (including but not limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right);
- imposes an unreasonable or disproportionately large load on the Service or otherwise interferes with the Service;
- is a chain letter, or constitutes junk mail;
- specifies or claims that that you are affiliated with KombatLink when you are not, including without limitation a “Moderator,” or any other employee or agent of KombatLink;
- requests account login information from other players;
- “spoofs” (use of any means to disguise your online identity or alter original attribute information);
- uses or possesses programs to ‘crack’ the Service or other Internet security tools;
- uploads files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage or inhibit the operation of the Service;
- restricts or inhibits any user from using and enjoying the Service; or
- does anything else that KombatLink in its sole determination deems harmful to the Service’s or to KombatLink’s integrity or business.
5. Player Matches
You agree that there is no expectation of privacy in connection with your interactions with other users in and through the Service. You further agree that the contents of any messages or other communication sent from your Account, whether in or through chat rooms, direct user-to-user communication, or by other means, is the property of KombatLink and may be accessed, reproduced, or distributed by KombatLink as it sees fit. KombatLink will fully cooperate with law enforcement and other governmental entities in policing the content of the Service. If you are under the age of 21, KombatLink reserves the right to release transcripts of your chats, or other intra-Service communication, to your parents, guardian, or other adult authority figure(s).
We may, at our sole discretion, immediately suspend or terminate your access to the Service should your conduct, in our sole determination, fail to conform with this Agreement.
“Player Matches” refers to matches between users that are organized and facilitated by the Service. These Player Matches can be either Cash Player Matches, which are matches in which there is a cash prize, and Non-Cash Player Matches, which are matches without a cash prize. Users under the age of 18 are prohibited from entering into Cash Player Matches. Parent/guardian can provide consent for their child that is under the age of
majority to participate in these Cash Player Matches.
Winners of Cash Player Matches are required to agree to a release and waiver before receiving any prize to which they are entitled. An example of this agreement may be found here: [Link to Release].
Members who either engage in or conspire in the falsification of Player Match results will be subject to penalties including, but not limited to, suspension, termination of their account, and/or a penalty fee.
5.1. Skill-based Gaming. Skill-based Gaming involves games played in which the outcome is determined by a player’s skill, whether physical skills (reaction times, hand-eye coordination, dexterity) or mental skills (problem solving, strategy and tactics, knowledge, logical thinking). By engaging in Player Matches, you acknowledge and agree that the outcome of the Player Matches is determined solely by the skill or ability of the players, not by luck or chance.
5.2. Proof of Eligibility. In order to be eligible for the Service and to participate in any Player Match, you must meet the following requirements:
- You must have a valid Account on the Service, a device capable of running the Service and any related games;
- You must have the capacity and authority to enter into a contract with KombatLink, including this Agreement; and
- You must agree to and abide by this Agreement at all times.
Additionally, in order to participate in any Cash Player Match, you must meet the following requirements:
- You are a natural person of at least 18 years of age, or whatever the minimum age for participation in the Player Matches is in your jurisdiction;
- You must have a valid bank account; and
- You must be physically located within a U.S. state or international jurisdiction which is not a Prohibited Jurisdiction, as defined below.
KombatLink may at any time require any member to provide proof of eligibility by providing proper government issued identifications prior to receiving a prize or prior to submitting a withdrawal request and to participate in order to continue to allow such member access to the Site and the Services, and each member hereby acknowledges and accepts this condition of their participation as a reasonable measure to ensure the security of the Site. FAILURE TO PROVIDE EVIDENCE OF IDENTIFICATION AND/OR ELIGIBILITY SATISFACTORY TO KOMBATLINK AND THEIR THIRD PARTY VERIFICATION SERVICE PROVIDER IN ITS SOLE AND ABSOLUTE DISCRETION, SHALL RESULT IN THE SUSPENSION AND/OR TERMINATION OF THE MEMBER'S ACCOUNT. For accounts that are terminated due to non-eligibility, funds previously deposited to the account will be refunded to the account holder.
5.3. Cheating and Abuse. While using the Service or participating in Player Matches, you agree that you will not engage in any activity that:
- interrupts or attempts to interrupt the Service;
- open or use multiple accounts to access the Service;
- involves the use of unauthorized or altered software or hardware to assist play,
- including but not limited to the use of or collusion with so-called bots or bot-nets;
- involves intentional poor play or low scoring in order to gain a competitive advantage is games where doing such activities does so;
- involves collusion with other players;
- “launders” money by deliberately transferring it between different accounts;
- involves the harassment of other participants or the posting of objectionable material;
- unfairly or unnaturally alters your or other players’ chances of winning a Player Match.
5.4. Hacking. Any attempt to gain unauthorized access to our systems or any other user’s account, interfere with the Service, or deliberately damage or undermine the Service is subject to civil and/or criminal prosecution and will result in immediate termination of your ability to participate in the Service and a forfeiture of any prizes you may have won. You acknowledge that we are not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of Service by you or any other user.
If you engage in any of the above activities or any other behavior that is deemed by us to be an unfair method of participating in the Service, we reserve the right to disclose or report any money laundering similar illegal activity to law enforcement and regulatory authorities. Without limiting our other available remedies, we may institute or seek any injunctive relief, civil and/or criminal proceedings against you and/or any of your co-conspirators arising out of or related to your commission of Abuse, including without limitation recovering all of our fees and expenses (including reasonable attorneys’ fees) in connection with such efforts.
5.5. Player Match Disputes. In the event of a dispute over the results of a Player Match, the player disputing the results may submit a support ticket through the Service, and include a link to video evidence. You agree that all decisions made by KombatLink regarding Player Match disputes are final.
5.6. Gaming Laws. You acknowledge that various rules, regulations and laws addressing sweepstakes, contests, and tournaments with entry fees and prizes govern your participation in Cash Player Matches (the “Gaming Laws”), and that Gaming Laws are set up by each state, country, territory, or jurisdiction individually. In some of these jurisdictions, the Cash Player Matches connected with the Service are not lawful under local Gaming Laws (the “Prohibited Jurisdictions”). You acknowledge that it is your responsibility to research, inquire, and determine whether your jurisdiction is a Prohibited Jurisdiction. We reserve the right, but have no obligation, to determine and track the geographic location from which you access the Service and participate in the Cash Player Matches. We then reserve the right, but have no obligation, to block access to the Service and participation in the Cash Player Matches for those Users who are accessing the Service from a Prohibited Jurisdiction, or any jurisdiction deemed to be outside of the legal scope of the Service. Failure to allow us to determine and track your geographic location may result in your access to the Service and participation in the Cash Player Matches to be blocked or revoked.
5.7. Permitted Jurisdictions. As of the date of the latest update of this Agreement, the service will only be accepting and allowing players residing in the following Jurisdictions are as follows: United States and Canada
US: Arizona, Delaware, Louisiana, Maryland, Montana and Tennessee
5.9. Other Laws. You acknowledge and agree that, in addition to the Gaming Laws, you are also subject to any other laws and regulations in the jurisdiction in which you reside and access the Service (the “Other Laws”). You agree that you are solely responsible for complying with these Other Laws. If the Other Laws prohibit your access or participation in the Service or the Player Matches, the Service and the Player Matches are void in your jurisdiction. Your access or participation in the Service or the Player Matches is at your own risk, and you agree not to hold us liable or responsible for any consequences of accessing or participation in the Service or the Player Matches from such a jurisdiction.
5.10. Disclaimer. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF YOUR PARTICIPATING IN ANY COMPETITION OR USE OF THE SERVICE, NOR DOES ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH US HAVE THE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.
The “Marketplace” is a section of the Service where products related to video gaming are permitted to be bought and sold by users. Examples of these products include, but are not limited to, games, consoles, accessories, equipment, furniture, and collectibles. Users may also redeem loyalty points earned through participation in Cash Player Matches and purchase top-up loyalty point packages. Loyalty points are subject to the terms of Section 3 of this Agreement.
7. Support Services.
Users may exchange these products for money through transactions facilitated by the Service. Users agree that they will be deemed the sole parties to all transactions arising from the Marketplace, regardless of any service charge and other fees collected by KombatLink as compensation for the use of the Marketplace, and indemnify KombatLink from all responsibilities that may arise from the transaction otherwise not foreseen. For clarity, KombatLink is not a party to any transaction between users on the Marketplace.
While Sellers are encouraged and required where possible to list the full details and descriptions of the items they are selling, KombatLink makes no warranties to the accuracy of these descriptions on the Marketplace, nor to the quality of the items sold.
Logistics regarding the responsibility for shipping charges, how soon the items will be shipped, country custom fees and taxes, and all other matters leading to the conclusion of the transaction are solely the responsibility of those party to the transaction, of which KombatLink is not one.
KombatLink’s customer support assistance with transactions and disputes will be agreed not to make KombatLink a party to the transaction in any way.
KombatLink may, in its sole discretion, provide you with support services related to the Service (“Support Services”). KombatLink is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default of KombatLink under this Agreement. Any supplemental software code provided to you as part of the Support Services shall be treated as part of the Service, as between you and KombatLink shall be and remain the sole property of KombatLink, and shall be subject to the terms and conditions of this Agreement.
KombatLink support may be reached by using a contact form on the Service, or via email at support@KombatLink.com.
The Service may contain links to websites and content operated or hosted by other parties. These links are provided by KombatLink for your convenience, but use of these links is at your own risk. KombatLink is not responsible for the content available on other sites. Such links do not imply KombatLink’s endorsement of information or material on any other site, and KombatLink disclaims all liability with regard to your access to that material which lies beyond the link.
9. Software Updates
KombatLink periodically tries to improve the Service through updates to the Site, the mobile applications, and other associated software. These updates may come swiftly and without warning, and this will be the only notification you receive regarding them before their implementation.
10. Fees and Payments
Some aspects of the Service involve payments and fees. To see the most updated payments and fees, please visit the Site.
10.1. European Union-Specific Section. If you reside in the European Union and you purchase a product or subscription from KombatLink, you may have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”). However, you lose your right of withdrawal if the performance of the services begins before the end of this Cooling Off Period.
You agree to pay all fees, payments and applicable taxes incurred by your Account you used to access the Service. Except as otherwise provided, KombatLink does not issue refunds or exchanges for any products purchased on or through the Service.
You hereby acknowledge and agree that:
• all references to dollars or "$" on the Site are references to U.S. dollars ("USD"), and all transactions (including deposits and payouts) will be denominated in USD unless otherwise expressly stated;
• as a result, if you make a payment to, or you receive a payment from, us in connection with your use of this Site, currency conversion may apply;
• for the purpose of allowing you to deposit to or withdraw money from your Site account, all currency conversions shall be executed by an exchange rate offered by your financial institution.
• in every case, it is your responsibility to monitor and accept the exchange rate(s) offered and service charge(s) by your financial institution before proceeding with any transaction with the Site involving an exchange of currency.
This Cooling Off Period may not be applicable regarding transactions with other users, as this consumer protection law is meant to protect consumers from businesses, and while KombatLink may assist with user-to-user transactions and disputes, KombatLink is not a party to these transactions.
10.2. Subscription Payments. Users may enroll in subscription plans to upgrade their membership status.
10.3. Service Charge Fee. A percentage of all competition entry fees and market place sales will be charged in accordance to each member’s membership status.
10.4. User-to-User Transaction Payments. All transactions and disputes between users are between the parties to the transaction: users hereby indemnify KombatLink from involvement in disputes with other users.
10.5. Penalty Fees. A penalty fee may be charged in connection with disciplinary actions taken against users found to be involved in cheating.
10.6. Inactivity Fee. An inactivity fee may be charged to accounts for each month an account is inactive, all the way up until the account has no more funds and is terminated.
10.7. Withdrawal of Funds. Withdrawal requests may take up to 48 hours to process, and payments to users may take an average of between 7-14 business days, depending upon the method of redemption selected by the user. Because payments and withdrawals are processed for KombatLink by a third party, KombatLink cannot guarantee their timeliness, and makes no representation or warranty to their timeliness. Members can request a withdrawal of funds from their available cash account balance in their Account at any time. Account holders with pending deposits is required to wait until those funds clear before requesting a withdrawal. Withdrawal privileges will also be revoked if the account is under review for possible fraudulent activities.
The minimum withdrawal amount is $10 USD or the member's entire balance (if applicable). All withdrawals are subject to a withdrawal fee ("Withdrawal Fee") (currently $1.50 USD per withdrawal).
Withdrawal of funds will be mailed out by cheque to the address that is registered to the members account, subject to Identity verification requirements. If you do not receive your withdrawal within 14 business days, please contact support@KombatLink.com.
The withdrawal process protects KombatLink’s members. To prevent fraudulent behaviour and account hijacking, KombatLink reserves the right to require the account member to submit verification of identification to ascertain the validity of a withdrawal request and the identity of the member. Withdrawal payments will not be made until such verification is received.
If KombatLink has not received verification within 7 business days, the withdrawal request will be cancelled, the account in question will be suspended, and the member will be contacted by email.
Your winnings are awarded to you in their entirety, and all federal, provincial, state, and local taxes due in connection with any winnings awarded to you are your sole liability and responsibility.
The term of this Agreement will commence upon your first use or download of the Service, and will continue for as long as you continue to make use of the Service. Without prejudice to any other of its rights, KombatLink may unilaterally terminate or modify this Agreement at any time and for any reason or for no reason, with no notice to you.
12. Copyrights and Trademarks
For example, but not in limitation, KombatLink may elect to terminate this Agreement and your rights in connection with the Service, if KombatLink, in its sole determination, discontinues the Service, stops supporting or maintaining the Service, ceases to provide updates, no longer offers the Service for license, or believes you have failed to comply with the terms and conditions of this Agreement.
In the event of termination arising as a result of discontinuation of the Service by KombatLink, no refunds will be given for outstanding virtual goods, currency, or other in-game items. In the event of termination arising from your failure to comply with the terms of the Agreement: (i) no refunds will be made; and (ii) you must promptly destroy all copies of the Service in your possession. If modification of the Agreement by KombatLink materially affects your rights in connection with the Service, which determination will be made by KombatLink in its sole determination, KombatLink may, but is under no obligation to, notify you by sending an email message to your last email address known to KombatLink. KombatLink will have no liability if you do not receive KombatLink’s notification.
13. Notice for Claims of Copyright Infringement
- 12.1. Proprietary Rights – The Service. As between you and KombatLink, all title, including but not limited to copyrights, in and to the Service and any copies thereof, and any content created by you in or in connection with the Service (such as, but not limited to the contents of any chats, user-to-user communication, and other text) are owned by KombatLink. As between you and KombatLink, all title and intellectual property rights in and to the content which may be accessed through use of the Service is the property of KombatLink and may be protected by applicable copyright or other intellectual property laws and treaties.
- 12.2. Proprietary Rights - Virtual Goods. As between you and KombatLink, all title, including but not limited to copyrights, in and to virtual goods or services that may accrue to you through use of the Service, and any copies thereof, whether or not acquired with consideration, are owned by KombatLink, provided for entertainment purposes only for your exclusive use only in connection with the Service. These virtual goods or services may not be sold, bartered, or traded without the consent of KombatLink. No property or other proprietary rights in or to virtual goods or services will accrue to you under any circumstances. This Agreement grants you no rights to use such content except in and in connection with the Service, as expressly and unambiguously set forth herein. All rights not expressly granted are reserved by KombatLink.
- 12.3. Protection of Laws. Excluding user generated or submitted content, we own or hold licenses to the materials and names featured on the Service. These materials and names are protected by Canadian, United States, and other foreign copyright and trademark laws separately from this agreement: we just want to make sure you know. If you use the materials or trademarks on the Service in a way that is not allowed by this Agreement, you will be violating the Agreement, and may also be violating copyright, trademark, and other laws. In that case, we will revoke your permission to use the Service. Title to everything protected remains with us or its respective authors. All rights not expressly granted are reserved.
- 12.4. Maintenance of Copyright and Trademark Notices. You must not remove or alter any copyright or trademark notices that appear anywhere within the Service.
- 12.5. Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Service, or take any steps to recreate of recover the source code of the Service, except and only to the extent that such activity is expressly permitted by applicable law.
If you are a copyright owner or agent thereof and believe that content posted on the Service by a KombatLink user infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
- a description of the copyrighted work that you claim has been infringed;
- the URL of the location on our website containing the material that you claim is infringing;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement 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.
Our Copyright Agent can be reached by mail at: KombatLink, ATTN: Stephen McArthur, 11400 W. Olympic Blvd, Suite 200, Los Angeles California, 90064; or by email at email@example.com. Please note that attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
14. No Warranties
KombatLink expressly disclaims any warranty in, to, or for the Service. The Service is provided ‘As Is’ and ‘Where Is’ without any express or implied warranty of any kind.
15. Limitation of Liability
KOMBATLINK EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR CONTINUOUS OPERATION.
The entire risk associated with operation of the Service is assumed by you. KombatLink does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Service. KombatLink makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. KombatLink further expressly disclaims any warranty or representation to any third party who may operate or otherwise utilize the Service. KombatLink cannot guarantee the integrity of the Service or that it will be free from attacks by third parties that may result in incomplete or erroneous results from operation, or damage to hardware devices in which the Service is loaded and operating.
In no event shall KombatLink be liable for any damages (including, without limitation, direct, special, incidental, consequential, or punitive damages, lost profits, business interruption, or lost information) rising out of your use of, or inability to use, the Service, or the use or inability to use the Service by any third party that may have access to the Service by or through you, even if KombatLink has/have been advised of the possibility of such damages, and without regard to whether such damages, or claims of damages arise based in contract, tort or otherwise. KombatLink shall have no liability with respect to the content of the Service or any part thereof, including but not limited to, errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information. The limitation of liability set forth herein may not be enforceable in certain jurisdictions, or under certain circumstances, as a matter of local law, and is not intended to replace or supersede local law.
KombatLink reserves the right to track and report your activity inside the Service and our other software applications for analytical purposes. KombatLink cautions you against giving out any personally identifying information about yourself, your children, or any other person in any Service. In an effort to preserve your privacy, KombatLink agrees that it will treat any personally identifying information that you submit through the Service in accordance with the terms outlined in its Privacy Statement located here.
17. Disclosures Required by Law
KombatLink reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. KombatLink reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing KombatLink to disclose the identity of anyone publishing or otherwise making available any materials that are believed to violate this Agreement.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD KOMBATLINK HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY KOMBATLINK DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER KOMBATLINK OR LAW ENFORCEMENT AUTHORITIES.
18. Binding Arbitration
18.1. Arbitration Procedures. You and KombatLink agree that, except as provided in Section 18.4 below, all disputes, controversies and claims related to this Agreement (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Binding Arbitration Section and the JAMS Rules, the terms in this Binding Arbitration Section will control and prevail.
19. Miscellaneous Terms
Except as otherwise set forth in Section 18.4 below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Agreement, (i) you and KombatLink may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND KOMBATLINK WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
18.2. Location. The arbitration will be conducted in the County of Los Angeles, California, unless the parties agree to video, phone and/or internet connection appearances.
18.3. Limitations. You and KombatLink agree that any arbitration shall be limited to the Claim between KombatLink and you individually. YOU AND KOMBATLINK AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
18.4. Exceptions to Arbitration. You and KombatLink agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of your or KombatLink’s intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
18.5. Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
18.6. Severability. You and KombatLink agree that if any portion this Section is found illegal or unenforceable (except any portion of Section 18.4), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 18.4 is found to be illegal or unenforceable, then neither you nor KombatLink will elect to arbitrate any Claim falling within that portion of Section 18.4 found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within Toronto, Ontario, Canada, and you and KombatLink agree to submit to the personal jurisdiction of that court.
19.2. No Waiver. The failure of KombatLink to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by KombatLink must be in writing and signed by an authorized representative of KombatLink.
19.3. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
19.4. Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
19.5. No Partnership. Nothing contained in the Agreement shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
Please report any violations of this Agreement to KombatLink at support@KombatLink.com.