GamePop Terms of Use

Effective date: September 20, 2024

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

Terms of Use

Welcome to GamePop. Please read on to learn the rules and restrictions that govern your use of our website, products, software, services, and applications, we are making available to you (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at eula at now.gg, or now.gg, Inc., 2105 South Bascom Avenue, Suite 380, Campbell, CA 95008, USA.

These Terms of Use (the “Terms”) are a binding contract between you and now.gg, Inc. (“GamePop,” “we” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. If these terms are considered an offer, acceptance is expressly limited to these terms. These Terms include the provisions in this document, as well as those in the Privacy Policy and Copyright Dispute Policy. Click on any of the links below to go straight to one of the following sections:

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the website (https://gamepop.com/terms/), by sending you an email, and/or by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. However, if you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and GamePop.

What about my privacy?

GamePop takes the privacy of its users very seriously. For the current GamePop Privacy Policy, please click Privacy Policy.

We use your mobile number only to send you authentication codes (OTPs) for login verification. We do not share your mobile number with third parties or affiliates for any reason, including marketing or promotional purposes

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 16, and other applicable privacy laws place certain restrictions on collecting personally identifiable information from children under 16. We do not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at eula at now.gg dot com.

What are the basics of using GamePop?

You may be required to download and install certain software to your mobile device or computer, and sign up for an account, and select a password and user name (“GamePop User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your GamePop User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).

You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

Your use of the Services is subject to the following additional restrictions:

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

Infringes or violates the intellectual property rights or any other rights of anyone else (including GamePop);
Violates any law or regulation, including any applicable export control and data privacy laws;
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, offensive, graphically violent, pornographic, or otherwise objectionable;
Jeopardizes the security of your GamePop account or anyone else’s (such as allowing someone else to log in to the Services as you);
Attempts, in any manner, to obtain the password, account, or other security information from any other user;
Violates the security of any computer network, or cracks any passwords or security encryption codes, or attempt to post or transmit any information that constitutes a virus, bug, malicious code, or other harmful item;
Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
Copies or stores any significant portion of the Content;
Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services. GamePop has a zero-tolerance policy against child pornography and will terminate any account and make reports to the appropriate law enforcement authorities about any user who publishes or distributes child pornography.

What are my rights in GamePop?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, audio media, videos, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including GamePop) rights.

You understand that GamePop owns the Services. As between you and GamePop, (or other company whose marks appear on or via the Services), GamePop (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Services, and is the copyright owner or licensee of the content and/or information on the Services, unless otherwise indicated. Except as otherwise provided herein, use of the Services (including any software) does not grant you a license to any content, features or materials you may access on the Services and you may not modify, rent, lease, loan, sell, distribute, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), or create derivative works of such content, features or materials, in whole or in part, or otherwise exploit any of the Services. Any commercial use of Services (including any software) is strictly prohibited, except as allowed herein or otherwise approved by us. Nothing on any Services should be construed to grant any license or right to use any GamePop marks or logos without our prior written consent.

The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!

Do I have to grant consent to GamePop to communicate with me?

You acknowledge that our collection, use, and sharing of your information is subject to our Privacy Policy . You can unsubscribe or opt out from such communication at any time, but you may be unable to receive crucial account related communication. To unsubscribe, please visit https://gamepop.com/unsubscribe.html, enter your email address that you wish to unsubscribe and click on the “unsubscribe” button or click on the unsubscribe link in your email.

Do I have to grant any licenses to GamePop or to other users?

Anything you post, upload, share, play, store, or otherwise provide through the Services is your “User Submission.” The Services may allow you to share your User Submission publicly on the Services and/or in a manner that other users can view. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that the following license is subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

With respect to any User Submissions you provide through the Services, or any feedback, suggestions, improvements, enhancements, and/or feature requests you submit to us (whether via direct email or otherwise), you hereby grant GamePop a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable license to use, copy, modify, adapt, display, perform, reproduce, distribute, and otherwise exploit such content in connection with the operation, improvement, and promotion of the Services and our business. This includes, without limitation, the use of such content for the training and development of machine learning and artificial intelligence models, whether generative or otherwise, and to make the User Submissions available to other GamePop users.

You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide. This is a license only – your ownership in User Submissions is not affected.

Finally, you understand and agree that GamePop, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

What if I see something on the Services that infringes my copyright?

You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like GamePop, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here. To learn more about the DMCA, click here.

Who is responsible for what I see and do on the Services?

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

Third Party Services:

You acknowledge and agree that the Services operate on or with or using application programming interfaces (APIs) and/or other services or technology provided by third parties, and the Services may enable you to access and use third party websites, content, materials, apps or services (all of the foregoing, “Third Party Services”), and may contain links or connections to such Third Party Services that are not owned or controlled by GamePop. Third Party Services may be subject to limitations, delays, and other problems inherent in the use of such Third Party Services. Your right to use Third Party Services is governed by the terms of the license agreements for Third Party Services specified by such third party and not under this Terms of Use. GamePop is not responsible for the operation of any Third Party Services nor the availability or operation of the Services to the extent such availability and operation is dependent upon Third Party Services. You are solely responsible for procuring any and all rights necessary for you to access Third Party Services and for complying with any applicable terms or conditions thereof. GamePop does not make any representations or warranties with respect to Third Party Services or any third party providers. Any exchange of data or other interaction between you and a third party provider is solely between you and such third party provider and is governed by such third party’s terms and conditions.

When you access Third Party Services, you accept that there are risks in doing so, and that GamePop is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and Privacy Policy of each Third Party Services that you visit or utilize. GamePop has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Services or by any third party that you interact with through the Services. In addition, GamePop will not and cannot monitor, verify, censor or edit the content of any Third Party Services. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that GamePop shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, you agree that GamePop is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release GamePop, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

Will GamePop ever change the Services?

We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Does GamePop cost anything?

Many of our Services are currently free. We reserve the right to require payment of fees for certain or all Services. Certain of our Services and the purchase of In-App-Purchases (IAP), including subscriptions, are subject to payments (the “Paid Services”) and the following terms apply:

Billing. Billing for payment transactions is processed by Bluestack Systems, Inc, a company incorporated in the USA, an affiliate of now.gg, Inc. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your GamePop account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
If the Payment Processor identifies or we otherwise believe that your transaction may pose an unacceptable level of risk, that you have breached these Terms, or that your account has been compromised, we may take various actions to avoid liability and reduce potential fraud and disputes. The actions we may take (and we expressly reserve the right to take) include, but are not limited to, suspending or limiting your ability to purchase any Paid Services, refusing or rejecting your transaction, or blocking you from accessing or using some or part of the Services (especially for users with a record of fraudulent transactions, requesting refunds on multiple occasions without valid reasons, having caused chargebacks, or otherwise posing high risks). If possible, we will provide you with advance notice of our actions and resolution steps. However, advance notice will not be provided if there is an immediate need to take actions such as a security threat, potential fraud, or illegal activity.
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Current Information Required. You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date) through your GamePop account, and you must promptly notify us or our payment processor if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made through your GamePop account. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of Paid Services under your billing account unless you have terminated your Paid Services by means of sending us an email to support at now.gg.
Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance or as otherwise described when you initially selected to use the Paid Service.
Subscription Services.
1. Good standing: GamePop reserves the right to offer a premium version of the Services (“Subscription Services”) to you if you are a customer in good standing. GamePop reserves the right to refuse Subscription Services for any other reason including but not limited to your creditworthiness, or if you have disputed payments for Subscription Services with your credit card or other payment company without pursuing the nominal cancellation process through support at GamePop.
2. Fees and Payments. You agree to pay the subscription fees and any other charges (including any applicable taxes) incurred in connection with using software and Subscription Services at the rates in effect when the charges were incurred. The subscription fees stated at the time of purchase will be charged to the payment method you have selected. As soon as GamePop has received full payment, your paid premium subscription will begin. The Subscription Service is non-renewing and you will need to purchase a new subscription to continue upon your subscription expiration. All fees and charges in connection with the Subscription Service are nonrefundable. If you believe someone has accessed Services using Your user name and password without Your authorization, please contact support at GamePop.
Refunds or Cancellations.
1. Generally, all purchases are non-refundable and non-cancellable once purchased, except as follows:
  1. Automatic Refunds for Non-Delivery: In the event that a user makes a payment for an in-app item but does not receive the item within seventy-two (72) hours of order completion, GamePop shall automatically issue a full refund to the user. This refund process is automated and requires no further action from the customer.

What are Nowbux?

Nowbux are points which are usable in the Services which may be redeemed for items such as gift cards and to make IAP’s within certain applications. Nowbux may be purchased or received from participation in the GamePop Rewards Program.

Purchased Nowbux

You may purchase Nowbux through the GamePop Store. Nowbux you purchase will be credited to your account within 24 hours. The value that you paid in the local currency for your Nowbux is a prepayment only for the redemption of IAPs or gift cards available for redemption on our platform via the Services. No credit card, credit line, overdraft protection or deposit account is associated with your Nowbux account. No interest, dividends or any other earnings on funds deposited in your account for Nowbux will accrue or be paid or credited to you by GamePop. The value associated with your Nowbux is not insured and cannot be redeemed for cash or cash equivalents.

Free Nowbux

We endeavor to reward and thank you for being a loyal user of our Services through the GamePop Rewards Program, detailed below. You can redeem the Nowbux earned through the GamePop Rewards Program you earned for gift cards and IAP. Such Nowbux are not cash or a cash equivalent and cannot be redeemed for cash or cash equivalents.

You may not transfer any Nowbux either purchased or earned through the GamePop Rewards Program to another individual or account in any fashion.

Purchase of Nowbux

You can pay for Nowbux by using a payment method accepted at the GamePop checkout. We reserve the right to submit your transaction or redemption history as evidence of funds being used to the disputing bank, in the event you dispute or attempt to chargeback any charge for the Nowbux with your bank or card provider. Holders of any Nowbux are not sent statements of itemized transactions from us. You can check the balance of your Nowbux through the Services. We reserve the right not to accept or otherwise limit use of any Nowbux if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.

No Refund or Cancellation of Nowbux Purchases

All purchases of Nowbux are non-refundable and are non-cancellable once purchased.

We do not charge any fees for the opening, activation or use of your Nowbux account. The value in your purchased Nowbux account has no expiration date. Please note, however, that if you have not redeemed the value in your Nowbux for a certain period of time after such value was added, applicable law may require us to remit such value to the state in which the purchasing user was or is located, or the state in which GamePop is incorporated. This time period will vary from state to state; it may be as short as one year. Accordingly, please remember to use your purchased Nowbux in a timely manner. You release us from any liability in connection with its compliance with laws applicable in this regard.

GamePop Referral Program

GamePop offers certain users the opportunity to participate in its referral program (the “Referral Program”).

For each successful referral from a participating user, both the referrer and the referee will receive 30 minutes of ad free playtime. A successful referral shall mean that a user who has not previously logged onto the GamePop platform, as solely determined by GamePop, creates and logs onto a new account on the GamePop platform. The maximum ad free playtime for any user under this Referral Program shall be limited to 500 minutes.

We can and will make all determinations regarding participation in the Referral Program and reserve the right to terminate your participation in the Referral Program at any time for any reason or no reason, to the extent permitted by law. We reserve the right to amend or terminate the Program at any time, for any reason.

GamePop Rewards Program

GamePop offers certain users the opportunity to participate in its rewards program (the “Rewards Program”).

The Rewards Program is open only to Registered Users of GamePop who are (i) not a person barred from, participating in the Rewards Program under the laws of the United States or their country of residence, and (ii) at all times abide by these terms and all other Rewards Program rules contained on the Rewards Program page.

Each participating user will be rewarded with Nowbux based on the amount of game play on the GamePop performed by the participant, as detailed on the Rewards Program page, during the period that the Rewards Program is active. A participant's balance of Nowbux shall accumulate (“Rewards Program Balance”) in their rewards account.

Participants may redeem their balance of Nowbux for a Robux® gift card, as detailed on the Rewards Program page.

Gift cards will be provided to the participant within the Rewards Program window, generally within 24 hours of the redemption request, and are available for up to 30 days following redemption. GamePop is not responsible for delays of gift cards due to any errors by the participant or by circumstances outside our control.

Upon thirty days of inactivity, as determined by a user failing to log into their GamePop account for 30 consecutive days, their Rewards Program Balance shall be set to zero.

Users shall comply with any and all conditions and restrictions imposed by Roblox Corporation governing the use of Robux®.

You agree and acknowledge, as a condition of participating in the Rewards Program, that Roblox Corporation and their owners' directors, officers, employees, contractors, agents, representatives, parents, subsidiaries, attorneys, insurers, and associated corporations and entities (collectively, “Roblox®”) are not sponsors of the Rewards Program nor do they endorse or administer the Rewards Program, nor are they in any way associated with the Rewards Program. All questions regarding the Promotion must be directed to GamePop, not Roblox®. You also agree that as a condition of participating in the Rewards Program, you shall release Roblox® from any and all liability arising out of or relating to your participation in the Rewards Program.

We can and will make all determinations regarding participation in the Rewards Program and reserve the right to terminate your participation in the Rewards Program at any time for any reason or no reason, to the extent permitted by law. We reserve the right to amend or terminate the Rewards Program at any time, for any reason.

A user's Nowbux and Rewards Program Balance are not transferrable and have no cash value, except for the redemption feature above.

THE GamePop REWARDS PROGRAM IS VOID WHERE OTHERWISE PROHIBITED OR RESTRICTED BY APPLICABLE LAW.

Contests and Sweepstakes

We sometimes run contests and sweepstakes on our Services. The official rules for any contest or sweepstakes will be published on the site where you may enter such contest or sweepstakes. Current contest and sweepstakes official rules can be found at [LINK]

Warranty Disclaimer

ANY AND ALL ITEMS PROVIDED IN CONNECTION WITH PAID SERVICES, IN-APP- PURCHASES OR COINS ARE MADE AVAILABLE ON AN AS IS, WHERE IS BASIS, AND GamePop AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, PERFORMANCE, SUITABILITY, AND NON-INFRINGEMENT.

What if I want to stop using GamePop?

You’re free to stop using the GamePop Service at any time; please refer to our Privacy Policy as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

GamePop is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. GamePop has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.

If you have deleted your account by mistake, contact us immediately at support at now.gg – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

What else do I need to know?

Warranty Disclaimer. Neither GamePop nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from GamePop or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY GamePop (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL GamePop (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO GamePop IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold GamePop, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without GamePop prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Santa Clara County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Santa Clara County, California.

Term and Termination. Unless otherwise provided in a written agreement between you and GamePop, any licenses granted by GamePop to you in connection with your use of the Services is effective until terminated. Your rights under the license will terminate automatically without notice from GamePop if you fail to comply with any of these terms. Upon the termination, you shall cease all use of the Services (including any software) and destroy all copies, full or partial, of the software. All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, any obligation you have to pay us or indemnify us, any terms regarding ownership or intellectual property and proprietary rights, warranty disclaimers, any limitations on our liability, and terms regarding disputes between us.

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the GamePop may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of GamePop to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. Any claim or cause of action you may have with respect to GamePop or any Services must be commenced within one (1) year after the claim or cause of action arose. You and GamePop agree that these Terms are the complete and exclusive statement of the mutual understanding between you and GamePop, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of GamePop, and you do not have any authority of any kind to bind GamePop in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and GamePop agree there are no third party beneficiaries intended under these Terms.

Contact Us. To contact us with any questions or concerns in connection with these Terms or to provide notice to us under these Terms please email us at eula at now.gg.