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THIS SOFTWARE IS LICENSED, NOT SOLD. ENABLE GAMES LLC and its affiliated companies (collectively, “ENABLEGAMES” or “We”) reserves all rights not expressly granted to you. The product that is subject to this license is referred to in this license as the “Game Software.”
If you have any questions about this agreement, you can reach ENABLEGAMES at ENABLEGAMES, 3401 Market St., Suite 200, Philadelphia PA 19102,Attn.: Legal Department.
This is a legal agreement between ENABLEGAMES and the user who has accepted the terms set forth herein by clicking “I Accept” (“Customer” or “you”). Please review this End User License Agreement (“Agreement”) carefully before installing, accessing or utilizing the games you have just purchased (“GAME SOFTWARE”) and please inquire about anything you do not understand. The terms and conditions set forth in this End User License Agreement (the “Agreement”) govern your access to and use of www.enablegames.com, the Game Software and any related ENABLEGAMES mobile applications, games or other features (collectively, the “Sites”) including any content, functionality and services offered on or through the Sites, whether as a guest or a registered user. If you are not eighteen (18) years of age, you are required to have your parents or legal guardians review and agree to this Agreement prior to using any of the Sites. By installing, copying and/or otherwise using the Game Software you are signifying your acknowledgement, acceptance and agreement to this Agreement.
IMPORTANT – READ CAREFULLY: THE “SITES” INCLUDE ALL SOFTWARE INCLUDED WITH ANY VIDEO GAME PROVIDED BY ENABLEGAMES, THE ASSOCIATED MEDIA, ANY UPDATES AND UPGRADES THAT REPLACE OR SUPPLEMENT THE SITES OR SOFTWARE CONTAINED THEREIN THAT ARE NOT DISTRIBUTED WITH A SEPARATE LICENSE, ANY PRINTED MATERIALS, ANY ONLINE OR ELECTRONIC DOCUMENTATION, AND ANY AND ALL COPIES OF SUCH SOFTWARE AND MATERIALS.
THE AGREEMENT, AS AMENDED FROM TIME TO TIME AND PUBLISHED AT WWW.ENABLEGAMES.COM/EULA, INCORPORATES THE ENABLEGAMES PRIVACY POLICY (PUBLISHED AT WWW.ENABLEGAMES.COM/LEGAL/PRIVACY).
BY CHECKING THE BOX INDICATING THAT YOU HAVE READ AND ACCEPT THE TERMS SET FORTH HEREIN OR OPENING THE GAME SOFTWARE, INSTALLING, AND/OR USING THE SITES AND ANY OTHER MATERIALS INCLUDED WITH THE SITES, AND ANY UPDATES AND UPGRADES THERETO, YOU HEREBY ACCEPT THE TERMS OF THIS AGREEMENTAND OUR PRIVACY POLICY .
THE AGREEMENT APPLIES TO ALL USERS OF THE SITES, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS, INSTALL, COPY OR OTHERWISE USE THE SITES OR ANY PORTION THEREOF. YOUR REMEDY FOR DISSATISFACTION WITH THE SITES OR ANY PRODUCTS, CONTENT, OR OTHER INFORMATION MADE AVAILABLE BY OR THROUGH ENABLEGAMES, IS TO STOP USING THE SITES. YOUR AGREEMENT WITH ENABLEGAMES REGARDING COMPLIANCE WITH THE AGREEMENT BECOMES EFFECTIVE IMMEDIATELY AS OF THE DATE THAT YOU CLICK “I ACCEPT” OR UPON COMMENCEMENT OF YOUR USE OF THE SITES, WHICHEVER SOONER. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS SET FORTH IN THIS AGREEMENT AND THE PRIVACY POLICY, DO NOT DOWNLOAD OR USE THE SITES, AND ENABLEGAMES SHALL NOT GRANT TO YOU THE LICENSE TO INSTALL AND USE THE SITES.
The Sites are offered subject to your compliance with all of the terms and conditions contained herein and all other operating rules, policies and procedures. In addition, some applications offered through or in connection with the Sites may be subject to additional terms and conditions promulgated by ENABLEGAMES from time to time. We may revise and update this Agreement from time to time in our sole discretion and without prior notice, except that we will notify you of any material changes relating to the dispute resolution, arbitration and governing law and jurisdiction provisions set forth herein (“Material Changes”). Any modifications to the Agreement will be posted onWWW.ENABLEGAMES.COM/LEGAL and will be effective immediately, and will apply to disputes arising under the Agreement from the date of posting forward, except that Material Changes will not apply to any disputes that arise prior to the date that you have actual notice of such Material Changes. Your continued use of the Game Software after a modification has been made to the Agreement constitutes your acceptance of such modification.
Subject to your compliance with the terms and conditions of the Agreement, ENABLEGAMES hereby grants you a non-exclusive, nonsublicensable, non-transferable, limited, revocable right and license to access, install, and use one (1) copy of the Game Software solely in accordance with instructions provided by ENABLEGAMES. This Agreement shall also apply to any patches or updates you may obtain for the Software. IN ACCORDANCE WITH AND NOT INTENDING TO LIMIT ANY OF THE PROVISIONS OR PROTECTIONS SET FORTH HEREIN, DUPLICATION, COPYING OR ANY FORM OF REPRODUCTION OF ANY PORTION OF THE SITES OR RELATED INFORMATION, MATERIALS OR OTHER CONTENT TO ANY OTHER SERVER OR LOCATION FOR THE PURPOSES OF DUPLICATION, COPYING OR ANY OTHER FORM OF REPRODUCTION IS EXPRESSLY AND EXPLICITLY PROHIBITED. This license does not give you any title or ownership in the Game Software or Sites generally, and should not be construed as a sale or transfer of any intellectual property rights to the Sites. All rights not specifically granted under this Agreement are hereby reserved by ENABLEGAMES and, as applicable, by its licensors.
Each party represents and warrants to the other party that its activities hereunder shall comply with all applicable laws, regulations and other governmental requirements and shall not violate or infringe any valid United States intellectual property or privacy rights of a third party. To the extent you are purchasing the Clinician version of the Sites for use in conjunction with your end customers, you shall obtain all consents necessary for ENABLEGAMES to collect, use, and share information relating to each applicable end customer’s use of the Sites. If you wish to store, process or transmit Protected Health Information (“PHI”), as defined by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and you are considered a covered entity under HIPAA, you may be required to enter into a Business Associate Agreement (“BAA”) with ENABLEGAMES. PHI that ENABLEGAMES creates, accesses or receives under this Agreement will be used, disclosed and treated in accordance with the BAA between the parties entered into on the Effective Date of such BAA. To the extent that we enter into a BAA with you, such BAA is made part of this Agreement and will remain in effect for the duration of this Agreement. If the provisions of the BAA conflict with the general terms and conditions of this Agreement, the provisions of the BAA will control.
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE SITES, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF ENABLEGAMES. Except as expressly licensed to you herein, all right, title, and interest in and to the Sites and any and all associated copyrights, trademarks and intellectual properties therein and/or related thereto and all copies thereof (including, but not limited to, any patches, updates, copies, derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects, text, methods of operation, moral rights, “applets” incorporated into the Game Software, and any related documentation) are owned by ENABLEGAMES or ENABLEGAMES’s licensors. The Sites are protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved. The Sites contains certain licensed materials, and ENABLEGAMES and its licensors may protect their rights in the event of any violation of this Agreement.
You may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations with respect to the Sites, either in whole or in part, without the prior written consent of ENABLEGAMES. Any attempt to do so shall be void and of no effect.
You agree to only use the Sites, or any portion thereof, in a manner that is consistent with this Agreement, and you SHALL NOT:
(i) can be used otherwise in connection with the Sites;
(ii) to modify any executable file;
(iii) to product any libelous, defamatory or other illegal material or material that is scandalous or invades the rights of privacy or publicity of a third party;
(iv) to use the trademarks, copyright or intellectual property rights of any third party;
(v) are then commercially exploited by you (through pay-per-play or timesharing services or otherwise). For the avoidance of doubt you are solely liable and responsible for any claims by a third party resulting from your use of the Editor and you agree to indemnify, defend and hold harmless ENABLEGAMES from any such claims.
Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in any manual or other documentation accompanying the Sites.
The Sites may include measures to control access to the Sites, suspend to access to the Sites, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this Agreement. If the Sites, including the Game Software, permit access to additional online features, only one copy of the applicable Site may access those features at one time (unless otherwise provided in the Site documentation). Additional terms and registration may be required to access online services and to download updates and patches to the Sites. Only copies of the Game Software subject to a valid license can be used to access online services, and download updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Sites will not function properly.
The Sites require an Internet connection to access internet-based features, authenticate the Sites, provide updates or patches from time to time, or perform other functions. In order for certain features of the Sites to operate properly, you may be required to have and maintain (1) an adequate Internet connection and/or (2) a valid and active account with an online service as set forth in the Sites documentation, including but not limited to ENABLEGAMES or an ENABLEGAMES affiliate. If you do not maintain such accounts, then certain features of the Sites may not operate or may cease to function properly, either in whole or in part. You are wholly responsible for the cost of all Internet connection fees, along with all equipment, servicing, or repair costs necessary to allow you access to the Sites.
From time to time, without prior notice, ENABLEGAMES may in its sole discretion add new
features to the Sites, remove existing features from the Sites, provide patches, updates or otherwise modify the Sites. We may provide updates that must be install on your computer or gaming system in order for you to access and use the Game Software. You hereby consent to ENABLEGAMES remotely installing updates to the Game Software on your computer or gaming system, without further notice.
You understand that the Game Software, and the system specifications necessary to play the
Game, may continuously evolve over time as the result of patches and updates to the
Game. ENABLEGAMES reserves the right to modify or increase the system specifications necessary to play the Game Software at any time and without notice. You are responsible for purchasing any necessary additional technology, systems or services in order to access and play the Game Software.
You may use the Sites only for lawful purposes and in accordance with this Agreement. You agree not to use the Sites:
Additionally, you agree not to:
The Sites may contain comments and reviews, personal profiles, forums and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Sites.
All User Contributions must comply with the Content Standards set forth herein.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Sites, you hereby grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns an unlimited right and license to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose, including, but not limited to, as may be necessary to provide you and our other users with the features and functionality of the Sites and for the marketing and advertising purposes of ENABLEGAMES and its affiliates.
You represent and warrant that:
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Sites. We assume no liability for reviews or for any claims, liabilities or losses resulting thereof.
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS ENABLEGAMES AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ENABLEGAMES/ANY OF THE FOREGOING PARTIES DURING, OR AS A RESULT OF, ITS INVESTIGATIONS, AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not review all material before it is posted on the Sites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
All User Contributions must, in their entirety, comply with all applicable federal, state, local and international laws and regulations. In addition, the content standards set forth below (“Content Standards”) apply to any and all User Contributions and use of Interactive Services. Without limiting the foregoing, User Contributions must not:
In the event that we determine, in our sole discretion, that you are violating any of the Content Standards, we reserve the right to remove any applicable User Contributions, and/or terminate your access to the Sites. In the event we determine that you are repeatedly infringing the copyrights of any third parties your account will be terminated and your continued access to the Sites will be denied in accordance with the Digital Millennium Copyright Act (“DMCA”).
If you believe that any User Contributions violate your copyright, you may submit a notification pursuant to the DMCA by providing us with the following information in writing (collectively, a “Notice”) (see 17 U.S.C 512(c)(3) for further details):
All Notices must be sent to our copyright agent via email at legal@enablegames.com
The information presented on or through the Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents.
The Sites may contain content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by ENABLEGAMES, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of ENABLEGAMES. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Any fees for purchases you make on the Sites are due immediately and are non-refundable regardless of your decision to terminate your usage of the Sites, our decision to terminate your access to the Sites, planned and unplanned disruptions to the Sites, or any reason whatsoever.
To the extent that any amounts owed are not payed when due, or in the event your credit card information is declined or is no longer valid, you will be charged for all applicable third party fees and/or charges that are incidental to the collection of amounts owed and/or chargebacks including, but not limited to, costs of collection (including reasonable attorneys’ fees), convenience fees and/or other third parties charges.
You hereby explicitly agree that all communication in relation to unpaid fees will be made by electronic mail or by phone and that Company may rely on the services of a third party collection agent to makes such communications and engage in collection actions.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in this Agreement.
If the Sites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to by the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites which may be different than this Agreement.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE SITES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ENABLEGAMES HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, ENABLEGAMES PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. WITH RESPECT TO THE GAME SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SITES WILL MEET YOUR REQUIREMENTS, (B) THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE SITES WILL BE INTERAOPERABLE OR COMPATABILE WITH OTHER SOFTWARE, OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES WILL BE EFFECTIVE, ACCURATE OR RELIABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ENABLEGAMES OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY. AT SOME POINT IN THE FUTURE THE SITES MAY GO OUT OF DATE, AND ENABLEGAMES MAKES NO COMMITMENT TO UPDATE SUCH SITES. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE USE OF THE SITES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH OR IN CONNECTION WITH THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
ENABLEGAMES MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SITES, INFORMATION AND/OR RELATED GRAPHICS PUBLISHED AS PART OF THE SITES FOR ANY PURPOSE. THE SITES, INFORMATION AND RELATED GRAPHICS PUBLISHED AS PART OF THE SITES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. You understand and agree that temporary interruptions of the Sites may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Sites, and therefore, delays and disruption of other network transmissions are completely beyond ENABLEGAMES’s control. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ENABLEGAMES IS TO STOP USING THE SITES. IN NO CASE SHALL ANY LIABILITY OF ENABLEGAMES TO YOU EXCEED THE AMOUNT THAT YOU PAID TO ENABLEGAMES OR ITS AFFILIATES AND/OR DESIGNEES FOR THE APPLICABLE GAME SOFTWARE OR PORTION OF THE SITES GIVING RISE TO ANY SUCH LIABILITY. IN NO EVENT SHALL ENABLEGAMES OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF ENABLEGAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF ENABLEGAMES AND THE ENABLEGAMES PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Software of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You agree to defend, indemnify, and hold ENABLEGAMES, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successor and assigns harmless from all liabilities, damages, judgments, awards, claims, losses, costs and expenses, including attorney’s fees, that arise from (a) your use of, or activities in connection with the Sites; (b) any violation of the Agreement by you; or (c) any allegation that any your User Contributions infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. ENABLEGAMES reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with ENABLEGAMES in asserting any available defenses.
Although the Game Software may be accessible worldwide, we make no representation that the Game Software or related materials are appropriate or available for use in locations outside the United States, and accessing them from territories where the content is illegal is prohibited. Those who choose to access the Game Software from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any offer and/or information made in connection with the Game Software is void where prohibited. Without limiting the foregoing, the Game Software may not be exported or re-exported (a) into (or to a national resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By accessing and using the Game Software, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.
The Agreement set forth herein continue to remain in full force and effect until such time as terminated by either party. You agree and acknowledge that you are not entitled to any refund for any amounts which were paid to ENABLEGAMES prior to any termination. You retain full discretion to end or terminate your account, if applicable, and discontinue use of the Game Software at any time, pursuant to the terms of this Agreement. Without prejudice to any other rights of ENABLEGAMES, this Agreement shall terminate automatically if you fail to comply with its terms and conditions. Upon termination, you must destroy all copies of the Game Software. The provisions of Sections 4, 5, 6,7, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 23, 24 and 25 shall survive any termination of this Agreement.
Because ENABLEGAMES would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that ENABLEGAMES shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
Any dispute between the parties, whether or not arising from this Agreement or its performance, shall be determined by one arbitrator in binding arbitration administered by the JAMS, formerly Judicial Arbitration and Mediation Services, Inc., in Philadelphia, Pennsylvania; provided, however, that ENABLEGAMES may seek to injunctive relief in a court of competent jurisdiction with respect to an allegation of infringement or misuse of its intellectual property rights, including copyright, trademark, patent or trade secret rights.. Any witness more than 100 miles from the site of any hearing may testify via telephone, teleconference or other real-time telecommunication technology acceptable to the arbitrator. The arbitrator’s award shall be final and binding on the parties, and may be entered and enforced in any court of competent jurisdiction.
You acknowledge and agree that you and ENABLEGAMES are each waiving the right to a trial by jury. You further acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and ENABLEGAMES otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
In the event this “Arbitration” section is held unenforceable, then the entirety of this “Arbitration” section will be deemed void. Except as provided in the preceding sentence, “Arbitration” section will survive termination of the Agreement.
This Agreement represents the complete agreement between you and ENABLEGAMES concerning the Game Software and supersedes all prior agreements and representations, warranties or understandings between you and ENABLEGAMES (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. ENABLEGAMES reserves the right to amend this Agreement at any time, at its sole discretion. If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Any failure by us to enforce or exercise any provision of the Agreement or related rights shall not constitute a waiver of that right or provision.
ENABLEGAMES may assign this Agreement, in whole or in part, at any time. Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under the Agreement without ENABLEGAMES’s express prior written consent. ENABLEGAMES’s performance of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement is in derogation of ENABLEGAMES’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Game Software or information provided to or gathered by ENABLEGAMES with respect to such use. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the Game Software arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, terrorism, fire, denial of service attack, internet outages, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above. The parties agree that all correspondence relating to this Agreement shall be written in the English language.
This Agreement represents the full agreement between the parties with respect to the subject matter hereof, and supersedes all prior negotiations and agreements between the parties regarding the same.
This Agreement shall be governed by the law of the Commonwealth of Pennsylvania, without reference to conflicts of laws principles. Notwithstanding the arbitration requirements set forth herein, to the extent that any legal suit, action or proceeding arises out of, or relates to, this Agreement , the Privacy Policy or the Sites, such suit shall be instituted exclusively in the federal courts of the United States or the state courts of the Commonwealth of Pennsylvania, in each case located in the City of Philadelphia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
You may contact ENABLEGAMES at the following address:
ENABLEGAMES
3401 Market St., Suite 200
Philadelphia PA 19102
Email: help@ENABLEGAMES.com
