1. Introduction
iGamingAffiliates.io and any and all entities that are controlled by, or are affiliated or under common control with iGamingAffiliates.io are collectively referred to herein as “we,” “us,” or “our”.
Please read these terms of use carefully prior to using any iGamingAffiliates.io site. By using any iGamingAffiliates.io site, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the iGamingAffiliates.io sites. We reserve the right, in our sole discretion, to change, modify, add or delete portions of these terms of use at any time in accordance with the procedures set forth below in section 15 labeled “Amendment”.
2. Consideration
You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the iGamingAffiliates.io Sites and receipt of data, materials, and information available at or through the iGamingAffiliates.io Sites, the possibility of our review, use or display of your Submissions (as defined below in section 4 labeled “Submissions”), and the possibility of publicity and promotion from our review, use or display of your Submissions.
3. Restrictions on Use of Material
All information, content and materials contained on iGamingAffiliates.io Sites are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. No information, content, or material from any iGamingAffiliates.io Site or any internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the information, content, or materials on any single computer for your personal, non-commercial home use only, provided that (a) you keep intact all copyright and other proprietary notices, (b) you make no modifications to the information, content, or materials, (c) you do not use the information, content or materials in a manner that suggests an association with any of our products, services, or brands, and (d) you do not download information, content or materials so as to avoid future downloads from any iGamingAffiliates.io Site. The use of any information, content or materials on an iGamingAffiliates.io Site on any other website or computer environment is prohibited.
The iGamingAffiliates.io Sites are only for your personal use. You may not use the iGamingAffiliates.io Sites for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
4. Submissions
If you intentionally or unintentionally send us unsolicited submissions, or through features or activities on any iGamingAffiliates.io Site (including, without limitation, games, sweepstakes, contests, promotions and Public Forums (defined below in section 6 labeled “PUBLIC FORUMS AND COMMUNICATION”)), you submit, post, or otherwise send us any information, content or materials including, without limitation, data, text, messages, files, images, photographs, videos, audiovisual works, musical compositions (including lyrics), sound recordings, postings, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and any other materials, as well as links to data, text, files, images, photographs, videos, audiovisual works, musical compositions (including lyrics), sound recordings, postings, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and other biographical information or material, web pages and any other materials (collectively, “User-Generated Content”) through such features or activities (such User-Generated Content, together with unsolicited submissions, the “Submissions”), we (and our licensees, distributors, agents, representatives and other authorized users) shall be entitled to unrestricted use of such Submissions for any purpose whatsoever, commercial or otherwise, without the requirement of any permission from or payment to you or to any other person or entity. If there exists any doubt or ambiguity about whether any User-Generated Content constitutes a Submission, such User-Generated Content shall be conclusively deemed to be a Submission. No Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. Without limiting the foregoing, you hereby grant us (and our licensees, distributors, agents, representatives and other authorized users), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable worldwide licence to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorise, comment on, broadcast, stream, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including, without limitation, on iGamingAffiliates.io Sites and on third-party websites) for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution (the “Submissions Licence”). To the extent that any Submissions submitted by you contain original songs or recordings, you hereby represent that you are a member of ASCAP, BMI, SESAC or any other applicable performing rights society and that all musical compositions (including lyrics) contained in such Submissions are available for licensing to us (and our licensees, distributors, agents, representatives and other authorized users) directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any performing rights society, you hereby grant us (and our licensees, distributors, agents, representatives and other authorized users) a perpetual, non-exclusive and irrevocable license to publicly perform each and every musical composition (including lyrics) contained in such Submissions. To the extent that we solicit Submissions through features or activities on iGamingAffiliates.io Sites (including, without limitation, games, sweepstakes, contests, promotions and Public Forums (defined below in section 6 labeled “PUBLIC FORUMS AND COMMUNICATION”)) that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive licence to create a derivative work using our copyrighted works (in whole or in part); provided however, that such licence shall be conditioned upon your assignment of all rights in the work you create to us (and our licensees, distributors, agents, representatives and other authorized users). If such rights are not assigned to us (and our licensees, distributors, agents, representatives and other authorized users), your licence to create material using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us.
5. Registration Information and Security
You agree to provide, maintain, and update true, accurate, current, and complete information about yourself as prompted by our registration processes (the “Registration Data”). If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and refuse any and all current or future use of any iGamingAffiliates.io site (or any portion thereof).
You also agree (a) to promptly notify us using the form located on the corporate pages of any unauthorised use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any iGamingAffiliates.io site. In addition, you agree to exit from your account at the end of each session.
We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.
6. Public Forums and Communication
“Public Forum” means an area, site, or feature offered as part of any iGamingAffiliates.io site that enables users or visitors of any iGamingAffiliates.io site (a) to submit, post, display, and/or view User-Generated Content and/or (b) to communicate, share, or exchange User-Generated Content with other iGamingAffiliates.io site users, visitors, and members of the general public, including, without limitation, a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, or e-mail function.
You acknowledge that anything you submit to an iGamingAffiliates.io site via any Public Forum may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed on the Internet by the general public, and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that Public Forums and features offered therein are for public and not private communications. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the User-Generated Content submitted and/or posted under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting the same. You acknowledge that the use of User-Generated Content posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice, or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
We reserve the right to screen, refuse to post, remove, or edit User-Generated Content at any time and for any or no reason at our absolute and sole discretion without prior notice. If we elect to screen User-Generated Content, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your User-Generated Content, including, without limitation, the copyright, we may contact you for further information, including, for example, to verify that you own the copyright or have obtained permission to post the material.
When participating in a Public Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. Information obtained in a Public Forum may not be reliable, and it is not a good idea to take any action, including trading or making any investment decisions, based solely or largely on information you cannot confirm. We cannot be responsible for the accuracy of any User-Generated Content contained in a Public Forum, and we shall not be responsible for any trading, investment, or other decisions made or actions taken or not taken based on such information or content.
Your ability to access and browse User-Generated Content within a Public Forum and/or to submit and/or post User-Generated Content within a Public Forum may be subject to certain age restrictions and/or related procedures that we may revise at our sole discretion at any time and for any reason. Any such age restrictions and procedures will be posted within the Public Forum, as applicable.
7. House Rules
The following is a list of House Rules applicable to the iGamingAffiliates.io sites. By using the iGamingAffiliates.io sites, you agree that:
– You will not submit, post, upload, distribute, or otherwise make available or transmit any User-Generated Content that:
(a) is defamatory, abusive, harassing, insulting, threatening, or could be deemed to be stalking or constitute an invasion of another person’s privacy;
(b) is bigoted, hateful, or racially or otherwise offensive;
(c) is violent, vulgar, obscene, pornographic, or otherwise sexually explicit;
(d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
(e) infringes or violates any right of a third party or any domestic or international law, rule, or regulation including, but not limited to:
(i) copyright, patent, trademark, trade secret, or other proprietary or contractual rights;
(ii) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or
(iii) any confidentiality obligation; or
(f) does not comply with all terms and conditions applicable to the Submissions License (set forth above in section 4 labeled “SUBMISSIONS”);
– You own or have the necessary rights, licences, consents, and permissions, without the need for any permission from or payment to any other person or entity, to use, and to authorise us to use, distribute, or otherwise exploit in all manners permitted by these terms of use (including, without limitation, the Submissions License), all copyrights, trademarks, patents, trade secrets, privacy and publicity rights (including, without limitation, names, likenesses, and voices) and/or other proprietary rights contained in any User-Generated Content that you submit, post, upload, distribute, or otherwise make available or transmit. As stated above with respect to the Submissions License, to the extent that any Submissions submitted and/or posted by you contain original songs or recordings, you hereby represent that you are a member of ASCAP, BMI, SESAC, or any other applicable performing rights society, and that all musical compositions (including lyrics) contained in such Submissions are available for licensing to us directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any performing rights society, you hereby grant us a perpetual, non-exclusive, and irrevocable licence to publicly perform each and every musical composition (including lyrics) contained in such Submissions;
– You will not (a) advertise or sell any products, services, or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any Public Forum for commercial purposes of any kind, or (b) use any product or service available on any iGamingAffiliates.io site (including, without limitation, electronic greeting cards, e-mail functions (e.g., send-a-friend e-mails), and RSS feeds or other similar type feeds) for commercial purposes of any kind;
– You will not submit, post, upload, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the iGamingAffiliates.io sites or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the iGamingAffiliates.io sites;
– You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity including, without limitation, using another person’s username, password, or other account information, or another person’s name, likeness, voice, image, or photograph;
– You will not engage in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet;
– You will not delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
– You will not submit, post, upload, distribute, or otherwise make available or transmit any User-Generated Content or make statements in any Public Forum that do not generally pertain to the designated topic or theme of the Public Forum;
– You will not submit, post, upload, distribute, or otherwise make available or transmit (or attempt to submit, post, upload, distribute, or otherwise attempt to make available or transmit) any User-Generated Content in violation of a Public Forum’s restrictions, including, but not limited to, its age restrictions, procedures, and/or these terms of use; and
– You will not engage in (or attempt to engage in) any criminal activity including, without limitation, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing, harassment, theft, and conspiracy to commit any criminal activity.
We cannot and do not assure that other users are or will be complying with the foregoing House Rules or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance
8. Our Content Removal Rights
We reserve the right, but are not obligated, to remove any User-Generated Content from any igamingaffiliates.io site that (a) violates these terms of use (including the House Rules), and (b) to comply with any subpoena, order, or to cooperate with law enforcement regarding the identification of any user alleged to be using the igamingaffiliates.io site in violation of the law. We reserve the right to preserve a record of such User-Generated Content and turn it over to law enforcement if deemed appropriate in our sole discretion.
9. Content Linked to any igamingaffiliates.io Site
When using an igamingaffiliates.io site, you may be directed to third-party websites beyond our control. These include links from advertisers, sponsors, and content partners that may use our logos as part of a co-branding relationship. You acknowledge that when you click on a link to leave the igamingaffiliates.io site, you are no longer governed by our terms, and different terms of use and privacy policies may apply. We are not responsible for the content or privacy practices of those third-party sites. We reserve the right to disable links from third-party sites to igamingaffiliates.io, but are under no obligation to do so.
We make no representations regarding the content of third-party websites listed in directories or linked to from igamingaffiliates.io sites, and we are not responsible for their accuracy, relevancy, or legality.
10. Disclaimer
The information, content, and materials on igamingaffiliates.io sites are provided “as is” and without warranties of any kind, express or implied. To the fullest extent permissible by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the igamingaffiliates.io sites will be uninterrupted or error-free, or that defects will be corrected. Furthermore, we do not warrant that the servers hosting the sites are free of viruses or harmful components. You assume all costs for any necessary repairs.
We are not responsible for, and make no warranties regarding, the use or accuracy of any content or materials on the igamingaffiliates.io sites, including User-Generated Content or third-party links. You waive any claim against us with respect to any issues arising from such content.
11. Indemnification
You are responsible for maintaining the confidentiality of your username, password, and account on igamingaffiliates.io, as well as all activities under your account. You agree to indemnify, defend, and hold us, our licensors, distributors, and associated entities harmless from any losses, damages, or legal costs arising from any breach by you of these terms of use, or claims related to your account. We reserve the right to employ separate counsel and assume the defense of any matter subject to your indemnification.
12. Limitation of Liability
Under no circumstances shall igamingaffiliates.io, its licensors, licensees, or associated entities be liable to you or any other person for any direct, indirect, incidental, special, or consequential damages, including lost profits or personal injury, resulting from the use or inability to use igamingaffiliates.io sites, or from the actions of other users. Our total liability shall not exceed £100 GBP or the amount paid by you, if any, to access igamingaffiliates.io.
We are not liable for delays or failures resulting from causes beyond our control, such as natural disasters, equipment failures, or governmental actions. The limitations in this section apply to the maximum extent permitted by law.
In some jurisdictions, limitations or exclusions of liability may not be allowed, so these provisions may not apply to you.
13. Jurisdictional and Venue Issues
You agree that any action at law or in equity arising out of or relating to these terms of use shall be filed, and that venue properly lies, only in courts located in the British Virgin Islands, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that information, content, or materials on any igamingaffiliates.io site are appropriate or available for use in any particular location. Those who choose to access an igamingaffiliates.io site do so on their own initiative and are responsible for compliance with all applicable laws, including, but not limited to, any applicable local laws.
14. Amendment
We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these terms of use at any time without notice, and it is your responsibility to review these terms of use for any changes. Your use of any igamingaffiliates.io site following any amendment of these terms of use will signify and constitute your assent to and acceptance of such revised terms of use.
15. Termination
These terms of use are effective until terminated by either you or us. You may terminate these terms of use at any time by discontinuing use of all igamingaffiliates.io sites and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under these terms of use or otherwise.
We may immediately terminate these terms of use with respect to you (including your access to any and all igamingaffiliates.io sites) without cause and without notice to you at our sole discretion. Upon termination, you must cease use of all igamingaffiliates.io sites and destroy all materials obtained from such sites and all copies thereof, whether made under these terms of use or otherwise.
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.
The provisions of these terms of use, which by their nature should survive the termination of these terms of use, shall so survive such termination.
16. General Provisions
These terms of use shall be governed by and construed in accordance with the laws of the State of New York and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these terms of use is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY IGAMINGAFFILIATES.IO SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.