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Privacy Policy SikGamez.com and its parent companies and their affiliates (hereafter referred to as "SikGamez") recognize that its customers, visitors, and other users of the site and any co-branded, mirrored, or successor sites (collectively or individually “You” or “Your”) value their privacy. This Privacy Policy provides important details about the collection, use and disclosure of the personal identifiable information provided by You on this site. This Privacy Policy is intended to help You make an informed decision about whether to use or continue using this site and how to remove Your personal identifiable information from SikGamez’s data base. Revision Date: October 16, 2007 This Privacy Policy is incorporated into and is subject to the SikGamez’s Terms of Use. Your use of the SikGamez site and any personal identifiable information You provide on the site remains subject to the terms of this Privacy Policy and the Terms of Use. SikGamez reserves the right to change or modify this policy at any time, with any change being effective immediately upon posting on this website. SikGamez is the sole owner of the information collected on this site. We will collect and use information throughout this website only as described in this Privacy Policy. By using this Site, You signify Your acceptance of this Policy. If You do not agree to the terms of this Policy, in whole or part, You may not use this Site. You further agree that any video, image, game, or other content posted by You or at Your direction on this site becomes published content is not personal identifiable information subject to this Privacy Policy. I. INFORMATION COLLECTION Log File Information: Like many websites, we gather information about how visitors use this Website. In general, you can visit many of the web pages on this Website without telling us who You are or revealing any personal information about Yourself. Our servers will automatically log certain access details for each visitor including domain, IP address, time of access, browser version, referring site and content visited. This information cannot be used to identify You personally. We also collect information about Your activities on and through this Website from our third party business associates, suppliers, vendors and other agents. Aside from these web statistics, you will remain anonymous unless You voluntarily provide us with personally identifiable information ("PII") during this visit or any previous visit. Registration: Your interactions on this website may ask that You voluntarily submit demographic and PII information (including but not limited to name, address, telephone number, email address, gender and birth date) when You
If You choose not to provide PII to us, You can still access and use many of the services of this website. However, some portions of this website will not be accessible unless You do provide PII. Cookies Information and Web Beacons: When You visit the site, we may send one or more cookies, a small text file containing a string of alphanumeric characters, to Your computer that uniquely identifies Your browser. You may reset Your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the site may not function properly if the ability to accept cookies is disabled. Web beacons are used to track the online usage patterns of our users anonymously. Such beacons may be used in emails sent to You to track which emails are opened by You. SikGamez uses cookies: 1) to track new registrants and affiliates; 2) to temporarily remember username and password for the registrant so they do not need to be entered during every visit to the website, and whose function may be annulled simply by logging out; 3) present relevant content to You when You visit this website; and 4) analyze visitor behavior. These cookies may be either session ID cookies or persistent cookies. For the session ID cookie, once users close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user’s hard drive for an extended period of time. Persistent cookies can be removed by following Internet browser help file directions. SikGamez also uses cookies to track generic information such as timestamp, number of pages viewed, unique site visitors and other non-identifiable information. As this information does not disclose the identity or PII of any specific user, we may use or disclose non-PII in any way and with any third party. II. USE OF INFORMATION SikGamez reserves the right to use PII from any visitor:
III. SHARING OF INFORMATION Except as expressly set forth herein, we do not loan, give away, sell, distribute or rent Your PII to any third party. Any aggregated and NON-personally identifiable information may be shared with third parties for any legal purposes whatsoever. SikGamez will never sell or otherwise share any PII with any organization, except in the following circumstances:
IV. THIRD PARTY OFFERS This Site may contain links to other sites not owned by SikGamez. We cannot be responsible for the privacy practices or the content of such websites, or the services or representations made by third-party advertisers. Navigation using these links constitutes acknowledgement of this fact. This privacy statement also only covers any actions made by SikGamez, and NOT any actions of advertisers OR ad servers. You should consult the respective privacy policies of these third-party ad servers or ad networks for more information on their practices and for instructions on how to opt-out of certain practices. This privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web sites. V. DATA SECURITY To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, SikGamez uses commercially reasonable efforts to safeguard confidentiality of Your PII. We use appropriate industry standard security measures including firewalls, encryptions, token authentication, monitoring technology and continuous adaptive analysis of network traffic to track any and all abuse of network properties and data. Access to PII is limited to the working personnel of SikGamez who are authorized to access such systems, and are required to keep this information confidential. While our data management practices are held to these standards at all times, no data transaction on the Internet is 100% secure from intrusion. VI. CHILDREN'S PRIVACY SikGamez makes every effort to protect the privacy of children using the Internet. SikGamez is not developed for or directed at children, and we have made commercially reasonable efforts to design this website to prevent our knowing acceptance of any such information from children under the age of 18. It is possible that by some error or deception, we may receive information regarding or from children under the age of 18. If notified, we will verify the information and obtain parental consent immediately, or otherwise delete the information from our servers. If You believe Your child has provided SikGamez with any personally identifiable data by some interaction at SikGamez, please contact support@SikGamez to have them removed. VII. EMAIL MARKETING PRACTICES SikGamez is committed to proper Internet practices and full compliance with the United States' CAN-SPAM Act of 2003 (15 U.S.C. § 7701) and the European Union's Privacy and Electronic Communications Regulations of 2003. It is our policy to prohibit the sending of unsolicited or "Spam" email by SikGamez or any of its marketing partners. When You choose to opt-in to any email communications from us by submitting Your email address, we will send You an email requesting confirmation. If You do not click the confirmation link within the email, You will not be registered to receive emails. This protects You from unwanted emails should someone else provide Your email address, or if You change Your mind. You may unsubscribe from receiving emails, and other correspondence from us including, but not limited to, faxes and U.S. Postal Service mail, at any time by using the unsubscribe link in any email, or by contacting us using the information included at the bottom of each email communication. You may also unsubscribe by sending us an email at unsubscribe@SikGamez. VIII. ENDNOTE If You have any questions about this Privacy Policy or the practices of this site, please contact us at support@sikgamez.com, or use the mailing address listed below. We welcome Your questions, comments, and concerns about this Privacy Policy and our privacy practices. Please send us feedback pertaining to these matters or any other issue You may have with SikGamez. If You feel that we are not following our stated Privacy Policy, You may contact the Better Business Bureau, Your local consumer protection office, or the Federal Trade Commission. IX. YOUR CALIFORNIA PRIVACY RIGHTS. Beginning on January 1, 2005, California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to support@sikgamez.com or write us: SikGamez
X. ACCEPTANCE OF PRIVACY POLICY. Your use of the SikGamez site, including any dispute concerning privacy, is subject to this Privacy Policy and SikGamez’s Terms of Use. By using these SikGamez sites, You are accepting the practices set out in this privacy policy and the terms of use. We reserve the right to modify this Privacy Policy at any time by posting the changes on this page. Please check the revision date at the top of this page to determine if the policy has been modified since You last reviewed it. Your continued use of any portion of the SikGamez Sites following posting of the updated Privacy Policy will constitute Your acceptance of the changes. TERMS OF USE READ THIS IN ITS ENTIRETY. USERS ARE NOT AUTHORIZED TO ACCESS THIS SITE UNLESS THEY HAVE READ AND AGREED TO THESE TERMS. These Website Terms of Service apply to the website with a home page located at www.SikGamez.com ("SikGamez"). This Website is owned and operated by SikGamez, located at PO Box 17527, Philadelphia, PA. All inquiries should be directed to that address, or to support@SikGamez. We reserve the right to update these Terms and Services at any time. Such changes are effective once posted on this page. If you do not agree to these terms of service, promptly cease accessing or otherwise using SikGamez technology and exit this site immediately. BY USING AND/OR VISITING THIS WEBSITE YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF SikGamez’S PRIVACY NOTICE WHICH ARE INCORPORATED HEREIN BY REFERENCE. SikGamez RESERVES THE RIGHT TO CHANGE THESE TERMS AND ITS PRIVACY POLICY AT ANY TIME WHICH CHANGES WILL BE POSTED ON THE SITE. IT IS YOUR RESPONSIBILITY TO REVIEW THE SITE FOR POSTED CHANGES. IF ANY FUTURE CHANGES TO THESE TERMS OR THE PRIVACY ARE UNACCEPTABLE TO YOU, YOU MUST DISCONTINUE USE OF THE SITE. CONTINUED USE OF THE SITE WILL BIND YOU TO THE CHANGE OF TERMS AND PRIVACY POLICY. I. YOUR ACCEPTANCE By visiting SikGamez and/or using SikGamez technology, you certify that you are over 18 years of age (or an emancipated minor, or possess legal parental or guardian consent), are fully competent to enter into any obligations and warranties present in any provisions of this site, have read this Agreement and agree to be legally bound by it, and that you agree to all rules and policies that may be published within SikGamez technology or this website. These Terms of Service apply to all users of SikGamez, including users who are also contributors of video content, information and other material or other services on the website. The SikGamez Website may contain links to third party websites that are not owned or controlled by SikGamez. SikGamez has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, SikGamez will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve SikGamez from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the SikGamez Website and to read the terms and conditions and privacy policy of each other website that you visit. II. WEBSITE ACCESS SikGamez is willing to provide you with limited access to "SikGamez technology" (a collective term for all SikGamez software, data and technology used, stored, accessed or licensed during any use of the site, including the related intellectual property rights embodied therein) upon condition that you:
In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify SikGamez immediately of any breach of security or unauthorized use of your account. Although SikGamez will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of SikGamez or others due to such unauthorized use. III. INTELLECTUAL PROPERTY The content on the SikGamez Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to SikGamez, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. If you own the copyright to one of the games on this site and you would like it removed, please contact us and we will remove it. The "look and feel" of the SikGamez Technology, meaning, the structure, sequence and layout of the audiovisual components of such technology as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, are also proprietary to SikGamez and its licensors and fully protected under U.S. and international intellectual property laws. IV. USE of SikGamez TECHNOLOGY AND CONTENT Subject to these Terms of Service and any third party restrictions, SikGamez grants you a non-transferable, non-exclusive and non-sublicenseable limited right and license to view, use and access the SikGamez Technology to view, print and download the images, text, graphics, photographs, audio, video and other content available within the SikGamez Technology solely for your informational purposes and for your immediate, private, personal and non-commercial use. No content on this website may be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the SikGamez Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the SikGamez Website or the Content therein. By posting any information or materials within this website and the SikGamez Technology, SikGamez does not waive proprietary rights in and to the SikGamez Technology and does not transfer any rights to you in the SikGamez technology except for the limited right granted here. SikGamez reserves all rights not expressly granted in and to the Website and the Content, and disclaims any and all implied licenses. Without limiting the foregoing, you agree not to:
SikGamez permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, SikGamez provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the SikGamez website on the pages containing the Embeddable Player. SikGamez reserves the right to discontinue any aspect of the SikGamez Website at any time. V. USER SUBMISSIONS The SikGamez Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, all submissions will be deemed public information and not subject to any confidentiality obligations on the part of SikGamez except to the extent that the Submission contains any personally identifiable information, in which case SikGamez's Privacy Policy would govern the use of such information. All User Submissions made by you shall remain your sole and exclusive property and you shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
By submitting the User Submissions to SikGamez, you hereby grant SikGamez a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the SikGamez Website and SikGamez's (and its successor's) business, including without limitation for promoting and redistributing part or all of the SikGamez Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the SikGamez Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the SikGamez Website. SikGamez does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and SikGamez expressly disclaims any and all liability in connection with User Submissions. SikGamez does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and SikGamez will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. SikGamez reserves the right to remove Content and User Submissions without prior notice. SikGamez will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. SikGamez also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. SikGamez may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. You understand that when using the SikGamez Website, you will be exposed to User Submissions from a variety of sources, and that SikGamez is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. SikGamez is merely acting as a passive conduit for the distribution of content and is not undertaking any obligation or liability relating to the content or the users' activities. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SikGamez with respect thereto, and agree to indemnify and hold SikGamez, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. VI. DMCA NOTICE Please view the DMCA policy of this site for details regarding the Digital Millennium Copyright Act ("DMCA"). You acknowledge that if you fail to comply with all of the requirements as stated, your DMCA notice may not be valid. Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability. VII. 18 U.S.C. Section 2257 COMPLIANCE NOTICE All pictures, graphics, videos or other visual media displayed on this Website are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because said visual media do not consist of depictions of conduct as specifically listed in 18 U.S.C. section 2256 (2) (A) through (D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995. The owners and operators of this Website are not the primary producer (as that term is defined in 18 U.S.C. section 2257 or subsequent case law defining such) of any of the visual content contained in the Website. VIII. ACCESS and ACCOUNT OBLIGATIONS You are responsible for obtaining access to SikGamez, including third party fees and equipment. If you register as a member, you may be required to select a password and username in order to access your account. As a registered member, you are responsible for maintaining the confidentiality and security of your username and password and shall be responsible for all uses of your username and password. You agree to immediately notify SikGamez in writing of any breach of security, including, without limitation, unauthorized use of your username or password. You also understand that exiting immediately from your account (i.e., "logging off") at the end of each session will enhance your account security and that failure to do so may permit other persons having access to your computer to use, or modify, your account. If you permit any person to use your username and password, you shall be liable for all activity and transactions made by that person including transactions for which you may not have authorized. IX. DATA SECURITY SikGamez resides on the public Internet. SikGamez uses commercially reasonable measures to protect the confidentiality and security of all transactions and communications transcated to SikGamez, and any information stored on servers controlled by SikGamez. Notwithstanding these efforts, SikGamez cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including, personally identifiable information) and disclaims all liability arising therefrom. Without limiting the foregoing, you shall not (a) violate or attempt to violate the security of the SikGamez Technology; (b) access data or materials not intended for you; (c) log into a server or account which you are not authorized to access; (d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; or (e) attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the SikGamez Technology, overloading, "flooding," "mailbombing" or "crashing" the SikGamez Technology. Violations of system or network security may result in civil or criminal liability. SikGamez reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. X. DISCLAIMER YOU AGREE THAT YOUR USE OF THE SikGamez WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SikGamez, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SikGamez MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SikGamez WEBSITE. SikGamez DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SikGamez WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SikGamez WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. XI. LIMITATION OF LIABILITY and INDEMNITIES IN NO EVENT SHALL SikGamez, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SikGamez WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY 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. YOU SPECIFICALLY ACKNOWLEDGE THAT SikGamez SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by SikGamez from its facilities in the United States of America. SikGamez makes no representations that the SikGamez Website is appropriate or available for use in other locations. Those who access or use the SikGamez Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. You acknowledge and agree that SikGamez shall not be responsible or liable for (i) any unauthorized access to or alteration of your Submissions; (ii) any Submission sent or received or not sent or received and (iii) any Submission stored on storage devices owned, operated or controlled by SikGamez. You acknowledge and agree that SikGamez shall not be responsible or liable for any Submissions or conduct of any third party, including, but not limited to, content sent using and/or included within the SikGamez Technology provided by any other user of this Website or any third party licensors or suppliers of SikGamez. You agree to defend, indemnify and hold harmless SikGamez, its parent corporation, officers, directors, employees 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: (i) your use of and access to the SikGamez Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the SikGamez Website. You agree to defend, indemnify and hold harmless SikGamez, its parent corporation, officers, directors, employees 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 and access of any third party website. SikGamez does not have any control over and is not responsible for the content, accuracy and opinions present on any third party sites (non-affiliates of SikGamez) and has no responsibility to monitor or investigate any of the content. SikGamez has no ability to edit or censor content on any third party site. By creating links to third party sites, SikGamez does not endorse or recommend any products or services offered or information contained at third party sites, nor is SikGamez liable for any failure of products and services offered or advertised at those sites. XII. ENTIRE AGREEMENT This Agreement and the Privacy Policy of this website constitutes the entire agreement between you and SikGamez with respect to the subject matter addressed herein, and governs your access to and use of the SikGamez Technology, superseding any prior agreements between you and SikGamez relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with SikGamez pursuant to your enrollment and/or participation in other features of the SikGamez Technology. You agree that SikGamez, at its sole discretion, may terminate or suspend your access to the SikGamez Technology (or any part thereof) at any time and for no or any reason whatsoever, including, without limitation, for lack of use by you or if SikGamez believes that you have violated or acted inconsistently with the terms and conditions of this Agreement. SikGamez reserves the right at any time to modify or discontinue, temporarily or permanently your access to and use of the SikGamez Technology (or any part thereof) without notice. You agree that SikGamez shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of or access to the SikGamez Technology. Your obligations under this Agreement shall continue even after SikGamez has terminated and/or cancelled this Agreement or your access to the SikGamez Technology. Any provision that by its nature survives shall survive termination, expiration or cancellation of this Agreement including, but not limited to, the license granted by you to SikGamez for use of your Submission. XIII. ELECTRONIC DELIVERY POLICY By using the SikGamez Technology, you consent to receive from SikGamez all communications including notices, agreements, legally required disclosures or other information in connection with the SikGamez Technology (collectively, "Contract Notices") electronically. SikGamez shall provide such electronic Contract Notices by posting them on this Website. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Website and the SikGamez Technology. XIV. JURISDICTION You agree that this Agreement will be governed and construed in all respects by the laws of the state of Pennsylvania, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act and the United Nations Convention of Controls for International Sale of Goods. You agree that the SikGamez Technology (including, but not limited to this Website) is deemed a passive website that does not give rise to personal jurisdiction over SikGamez or its successors, either specific or general, in any jurisdiction other than the State of Pennsylvania. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of SikGamez Technology must be filed within one (1) year after such claim or cause of action arose or be forever barred, and you expressly waive any other statute of limitation which otherwise may apply. You agree to submit to the exclusive jurisdiction of the courts of the State of Pennsylvania or the United States District Court for the Eastern District of Pennsylvania for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of this Website. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding. XV. GENERAL PROVISIONS If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions of this Agreement. You agree that if any part of the terms and conditions of this Agreement are found to be unenforceable, then the remainder of the terms and conditions of this Agreement will remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and SikGamez's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. SikGamez may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign this Agreement or the rights granted herein to any party without the prior written consent of SikGamez. The section headings used in this Agreement are for convenience only and have no legal or contractual effect. ENDNOTE If you have any questions about these Terms of Service or the practices of this site, please contact us at support@SikGamez.com, or use the mailing address listed below. We welcome your questions, comments, and concerns about these Terms of Service. Please send us feedback pertaining to these matters or any other issue you may have with SikGamez. SikGamez.com
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