TERMS OF USE
EFFECTIVE AS OF JANUARY 20, 2020
THESE TERMS OF USE (“TERMS”) CONSTITUTE A BINDING LEGAL AGREEMENT AND GOVERNS YOUR ACCESS AND USE OF ALL FEATURES, CONTENT, AND OTHER SERVICES PROVIDED BY PAPAYA GAMING INC. AND ITS AFFILIATES (COLLECTIVELY, "PAPAYA", "WE," “OUR,” OR "US") INCLUDING, WITHOUT LIMITATION, THE WEBSITE, https://www.papayagaming.com/ (THE “WEBSITE”)
BY REGISTERING AN ACCOUNT AND PARTICIPATING IN ANY COMPETITIONS AND TOURNAMENTS HELD AT THE WEBSITE, AND AFTER ANY CHANGE OF THIS TERMS BY CONTINUED USE OF THE WEBSITE, YOU AFFIRMATIVELY SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS TERMS, OUR PRIVACY POLICY AS WELL AS RESPECTIVE RULES OF PLAY (“RULES”), EACH INCORPORATED HEREIN BY REFERENCE.
BY REGISTERING AN ACCOUNT AND/OR OTHERWISE ACCESSING THE WEBSITE, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY OF WHATEVER NATURE ARISING OUT OF OR RELATING TO THESE TERMS AND/OR YOUR USE OF THE WEBSITE AND SERVICES SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROCESS DESCRIBED IN SECTION 20 BELOW. PLEASE READ SECTION 20 CAREFULLY. SECTION 20 OF THESE TERMS CONTAINS A WAIVER OF YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS AGAINST PAPAYA AND ITS AFFILIATES
IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT REGISTER AN ACCOUNT, OR OTHERWISE USE OR ACCESS THE WEBSITE.
Any and all Promotions offered through the Papaya Website and/or Services shall be governed in accordance with the Official Promotion Rules, found at: https://www.papayagaming.com/official-rules
USE OF OUR WEBSITE
PAPAYA PROVIDES AN ONLINE ARENA FOR MOBILE GAMING CHALLENGES, CASH COMPETITIONS AND CASH TOURNAMENTS, USING APPLICATIONS, TOOLS AND SERVICES THAT WE MAY PROVIDE FROM TIME TO TIME (THE "SERVICES"). YOU MUST REGISTER WITH PAPAYA AND CREATE AN ACCOUNT BY PROVIDING US CERTAIN INFORMATION ABOUT YOURSELF AS PROMPTED BY THE APPLICABLE GAME YOU PARTICIPATE IN. YOUR ACCOUNT GIVES YOU ACCESS TO THE SERVICES AND FUNCTIONALITY THAT WE MAY ESTABLISH AND MAINTAIN FROM TIME TO TIME AND IN OUR SOLE DISCRETION. BY USING THE WEBSITE, YOU AGREE TO PROVIDE TRUE AND ACCURATE INFORMATION ABOUT YOURSELF AS PROMPTED FOR USE ON THE WEBSITE. PAPAYA MAY PERMANENTLY OR TEMPORARILY TERMINATE, SUSPEND, OR OTHERWISE REFUSE TO PERMIT YOUR ACCESS TO THE WEBSITE WITHOUT NOTICE AND LIABILITY UPON ANY VIOLATION OF THESE TERMS. UPON TERMINATION FOR ANY REASON, YOU CONTINUE TO BE BOUND BY THIS TERMS.
ALL COMPETITIONS AND TOURNAMENTS offered on the Website are games of skill. Winners are determined by the objective criteria described in the Rules, scoring, and any other applicable documentation associated with the COMPETITION. From all entries received for each COMPETITION, the individuals who use their relevant skill and knowledge to accumulate the winning score or points according to the corresponding Rules will determine the winner(s). The Website, Services, or COMPETITIONS may not be used for any form of illicit gambling.
2. MODIFICATION OF TERMS AND/OR SERVICES
We reserve the right, at any time in our sole discretion, to amend or replace any part of these Terms and any document referred to herein, or any part thereof, at any time, without prior notice. You agree that we may notify you of any updated or new Terms by posting notice on the Website so that they are accessible via a link from the home page or by providing you notice at the email address associated with your Account. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms. Your continued use of the WEBSITE after such notice confirms your consent to and acceptance of such amendment. The most current version of these Terms will govern your use of the Website and access of the Services, including without limitation any content made available on or through the Services. If you object to any such changes, your sole recourse is to cease accessing the Website and/or using the Services. These Terms may not be amended in any other way except through a written agreement by authorized representatives of each party.
Services may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if for any reason all or any part of the ServiceS is restricted or made unavailable at any time or for any period.
3. SOFTWARE
IF YOU WISH TO PARTICIPATE IN COMPETITIONS OR RECEIVE SERVICES, YOU MAY BE REQUIRED TO FIRST DOWNLOAD CERTAIN PROPRIETARY PAPAYA SOFTWARE AND/OR MOBILE APPLICATIONS (TOGETHER WITH THE CONTENT INCLUDED THEREIN, ANY ASSOCIATED DOCUMENTATION, AND ANY APPLICATION PROGRAM INTERFACES, LICENSE KEYS, AND PATCHES, UPDATES, UPGRADES, IMPROVEMENTS, ENHANCEMENTS, FIXES AND REVISED VERSIONS OF ANY OF THE FOREGOING, IS COLLECTIVELY "SOFTWARE"). IF YOU DO NOT DOWNLOAD THE SOFTWARE, YOU WILL NOT BE ABLE TO PARTICIPATE IN COMPETITIONS OR RECEIVE RELEVANT SERVICES. WHETHER YOU DOWNLOAD THE SOFTWARE DIRECTLY FROM US OR FROM A THIRD PARTY, YOUR USE OF THE SOFTWARE IS SUBJECT TO THESE TERMS.
4. DEVICE INFORMATION
USING THE SOFTWARE AND SERVICES REQUIRES AN INTERNET CONNECTION TO OUR SERVERS, AND WE MAY NEED TO COLLECT CERTAIN INFORMATION FROM YOU AND YOUR INTERNET-ENABLED DEVICE (“DEVICE”) IN ORDER TO MAKE THE SOFTWARE AND SERVICES AVAILABLE TO YOU, SUCH AS HARDWARE SYSTEM PROFILE DATA, INTERNET CONNECTION DATA AND ANY OTHER DATA RELATED TO THE OPERATION OF THE SERVICE FROM ANY DEVICE THAT LOGS ONTO THE SERVICE USING YOUR ACCOUNT. WE WILL USE THIS INFORMATION IN ACCORDANCE WITH OUR PRIVACY POLICY.
We may choose to offer technical support for Software from time to time in our sole discretion. Such technical support may require that we remotely access your device on which the Software is installed. we may also update the Software or deploy patches, updates, and modifications to the Software, as applicable, through remote access of your Device without your knowledge. You hereby consent to these activities. You acknowledge that if we cannot remotely access your Device, then the Software may no longer work, and this may prevent you from participating in Competitions or otherwise receiving Services. our access to your Device will be limited solely to (i) providing support (ii) updating the Software and/or (iii) determining your location for skill-gaming regulatory purposes only, and is governed by the terms of our Privacy Policy.
We do not warrant that our Website and/or Services will work on all devices. You are solely responsible for obtaining and maintaining compatible devices necessary to access and use our Website, as updated from time to time.
5. ELIGIBILITY
THIS WEBSITE IS INTENDED SOLELY FOR USERS WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER, AND ANY REGISTRATION, USE OR ACCESS TO THE WEBSITE BY ANYONE UNDER 18 IS UNAUTHORIZED, UNLICENSED, AND IN VIOLATION OF THIS TERMS. PAPAYA MAY TERMINATE YOUR ACCOUNT, DELETE ANY CONTENT OR INFORMATION THAT YOU HAVE SUBMITTED TO THE WEBSITE, AND/OR PROHIBIT YOU FROM USING OR ACCESSING THE SERVICE (OR ANY PORTION, ASPECT OR FEATURE OF THE SERVICE) FOR ANY REASON, IF WE BELIEVE THAT YOU ARE UNDER 18.
By accessing the Services and/or otherwise using the website, you represent and warrant that you (i) are over the age of eighteen (18) and/or over the legal age of majority under applicable law in the jurisdiction in which you reside, (ii) have the legal power to form a binding contract with papaya, (iii) are physically located in a jurisdiction in which participation in the COMPETITION you select is unrestricted by that jurisdiction’s laws, and (iv) agree to at all times abide by these Term. If you do not meet all of these requirements, you must not access the Website and/or use, order, or receive any of the Services, and WE MAY SUSPEND OR CLOSE YOUR ACCOUNT WITH OR WITHOUT NOTICE.
PAPAYA employees and Immediate Family Members (an “Immediate Family Member” means any domestic partner or relative of the Employee who resides at an Employee’s residence, including but not limited to parents, grandparents, in-laws, children, siblings, and spouses) are not permitted to play in any public COMPETITIONS hosted on the Website.
6. REGISTRATION OF YOUR ACCOUNT
TO you create an Account, you will be asked TO PROVIDE CERTAIN INFORMATION, WHICH MAY INVOLVE: (a) registering a unique user name and password; (b) providing contact information, such as your name, phone number, AND email address; (c) payment and billing information; and (d) any other information we request on the Account registration form. if you forget either your password or username, you MAY visit the Website or email us for help. You are responsible for keeping your Account information secure. Please do not share your Account information with anyone and notify us right away if you have lost control of your password or you suspect there is unauthorized activity in your account. You remain fully liable for any actions taken in respect to your Account, regardless of whether these actions were taken by you or an unauthorized third party that has gained access to your Account.
You may only register for a single Account and may not use or access multiple Accounts at the same time.
AS THE HOLDER OF YOUR ACCOUNT, YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH THESE TERMS, AND ONLY YOU ARE ENTITLED TO ALL BENEFITS ACCRUING THERETO. YOU MAY NOT ALLOW ANY OTHER PERSON TO (I) ACCESS YOUR ACCOUNT; (II) ACCESS SERVICES THROUGH YOUR ACCOUNT; OR (III) ACCEPT OR USE PRIZES FROM YOUR ACCOUNT. NEITHER YOUR ACCOUNT NOR PRIZES WON FROM PARTICIPATING IN COMPETITIONS ARE TRANSFERABLE TO ANY OTHER PERSON OR ACCOUNT.
PAPAYA’S ANTI-MONEY LAUNDERING/KNOW YOUR CUSTOMER PROCEDURES (“AML/KYC POLICY”) ARE IMPLEMENTED HEREIN IN ORDER TO IDENTIFY AND VERIFY THE INFORMATION PROVIDED BY YOU. IN ORDER TO PROCEED WITH YOUR IDENTITY VERIFICATION PROCEDURE, PAPAYA MAY REQUIRE YOU TO PROVIDE ADDITIONAL NECESSARY INFORMATION AND DOCUMENTATION, INCLUDING, WITHOUT LIMITATION, A SCANNED COPY OF A VALID IDENTITY CONFIRMATION DOCUMENTS. PAPAYA IS ENTITLED TO REQUEST ADDITIONAL INFORMATION OR DOCUMENTATION SHOULD IT DEEM THE ALREADY PROVIDED INFORMATION INSUFFICIENT OR SHOULD IT HAVE ANY DOUBTS REGARDING ITS ACCURACY OR VALIDITY. You agree to update any provided information or data or to provide additional items as part of ongoing efforts to prevent illegal and fraudulent activities, and/or to comply with any other policies or protocols we elect to put in place. You agree that all information and data that you provide to us either at the time you register for an account or at any subsequent time will be truthful, accurate and verifiable in all respects and, by providing such information and data, you consent to us submitting it to third party providers of age and identification services to verify your account. ALL THE INFORMATION COLLECTED UNDER THE AML/KYC POLICY SHALL ONLY BE USED IN ACCORDANCE WITH THE APPLICABLE LEGISLATION REGARDING THE PROTECTION OF PRIVATE INFORMATION AND PAPAYA’S PRIVACY POLICY. We reserve the right at any time to investigate your account in order to ensure compliance with these Terms, our KYC/AML POLICY, and to ensure that no improper or illegal activity is or has taken place. In the event that we determine that your account has been involved in any illegal or improper activity, we reserve the right to terminate your account without notice.
7. COMPLIANCE WITH LAWS
YOU ACKNOWLEDGE THAT VARIOUS RULES, REGULATIONS AND LAWS ADDRESSING SWEEPSTAKES, CONTESTS, AND TOURNAMENTS WITH ENTRY FEES AND/OR PRIZES GOVERN YOUR PARTICIPATION IN COMPETITIONS ("GAMING LAWS") AND THAT GAMING LAWS ARE SET UP BY EACH INDIVIDUAL STATE, COUNTRY, TERRITORY, OR JURISDICTION. THEREFORE, WE DO NOT OFFER CASH COMPETITIONS (AS DEFINED BELOW) TO USERS PARTICIPATING IN COMPETITIONS IN ANY STATE IN WHICH SUCH COMPETITION VIOLATES ITS GAMING LAWS ("PROHIBITED JURISDICTION"), AND IF YOU ARE LOCATED IN ANY PROHIBITED JURISDICTION THEN YOU MAY NOT PARTICIPATE IN CASH COMPETITIONS. IN THE UNITED STATES, PROHIBITED JURISDICTIONS INCLUDE: ARIZONA, ARKANSAS, DELAWARE, LOUISIANA, MARYLAND, AND SOUTH CAROLINA. FOR CARD GAMES, PROHIBITED JURISDICTIONS INCLUDE, INDIANA, IOWA, MAINE, AND MONTANA. We reserve the right to include additional Prohibited Jurisdictions as determined in our sole discretion. IT IS YOUR RESPONSIBILITY TO DETERMINE WHETHER THE STATE, COUNTRY, TERRITORY OR JURISDICTION WHERE YOU ARE LOCATED IS A PROHIBITED JURISDICTION. WE RESERVE THE RIGHT (BUT HAVE NO OBLIGATION) TO MONITOR THE LOCATION FROM WHICH YOU ACCESS SERVICES, AND WE MAY BLOCK ACCESS FROM ANY PROHIBITED JURISDICTION.
YOU ARE SOLELY RESPONSIBLE FOR YOUR COMPLIANCE WITH ALL APPLICABLE LAWS. ACCESS TO COMPETITIONS MAY NOT BE LEGAL FOR SOME OR ALL RESIDENTS OF, OR PERSONS PRESENT IN, CERTAIN JURISDICTIONS. SERVICES AND COMPETITIONS ARE VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAW. YOUR PARTICIPATION IN COMPETITIONS IS AT YOUR OWN RISK, AND YOU AGREE NOT TO HOLD US RESPONSIBLE OR LIABLE IF the laws of your jurisdiction restrict or prohibit your access or participation. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF YOUR PARTICIPATING IN ANY COMPETITION OR USE OF SERVICES, NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH US HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.
8. PROHIBITED USES/CHEATING
YOU MAY USE THE WEBSITE ONLY FOR LAWFUL PURPOSES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR ACTIVITY IN CONNECTION WITH THE WEBSITE AND SERVICES. YOU WILL NOT (AND SHALL NOT PERMIT ANY THIRD PARTY TO) EITHER (A) TAKE ANY ACTION OR (B) DOWNLOAD, UPLOAD, SUBMIT, POST, OR OTHERWISE DISTRIBUTE OR FACILITATE DISTRIBUTION OF ANY CONTENT OR USER SUBMISSION ON OR THROUGH THE WEBSITE THAT: (I) IS ILLEGAL, THREATENING, ABUSIVE, INVASIVE OF ANY PERSON'S PRIVACY, HARASSING, DEFAMATORY, LIBELOUS, FALSE, DECEPTIVE, FRAUDULENT, MISLEADING, UNTRUTHFUL, TORTUOUS, OBSCENE, OFFENSIVE, PORNOGRAPHIC, OR OTHERWISE INAPPROPRIATE, AS PAPAYA MAY DETERMINE IN ITS SOLE DISCRETION; (II) INFRINGES, MISAPPROPRIATES, USES OR DISCLOSES WITHOUT AUTHORIZATION, OR OTHERWISE VIOLATES ANY INTELLECTUAL PROPERTY RIGHTS OR PROPRIETARY RIGHT OF ANY THIRD PARTY; (III) VIOLATES ANY RIGHT OF PUBLICITY, OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR ANY LAW OR CONTRACTUAL OBLIGATION, INCLUDING WITHOUT LIMITATION RIGHTS PURSUANT TO DATA PROTECTION, ANTI-SPAM AND PRIVACY LAWS AND REGULATIONS; (IV) INVOLVES COMMERCIAL ACTIVITY NOT EXPRESSLY PERMITTED BY PAPAYA; (V) CONTAINS ANY HARMFUL OR MALICIOUS SOFTWARE OR COMPUTER CODES, FILES OR PROGRAMS THAT ARE DESIGNED OR INTENDED TO DAMAGE, DISRUPT, INTERFERE WITH, OR LIMIT, THE PROPER FUNCTIONALITY OF ANY SOFTWARE OR HARDWARE, OR THAT ENABLES TO OBTAIN UNAUTHORIZED ACCESS TO ANY SYSTEM, DATA, PASSWORD OR OTHER INFORMATION OF PAPAYA, ITS USERS, OR ANY OTHER INDIVIDUAL OR ENTITY; (VI) USES OR LAUNCHES ANY AUTOMATED SYSTEM, INCLUDING WITHOUT LIMITATION, “ROBOTS,” “SPIDERS,” “OFFLINE READERS,” ETC., THAT ACCESS THE SERVICE IN A MANNER THAT SENDS MORE REQUEST MESSAGES TO PAPAYA'S SERVERS THAN A HUMAN CAN REASONABLY PRODUCE IN THE SAME PERIOD OF TIME USING A CONVENTIONAL ON-LINE WEB BROWSER; OR (VII) IMPERSONATES ANY INDIVIDUAL OR ENTITY, INCLUDING, WITHOUT LIMITATION, EMPLOYEES OR REPRESENTATIVES OF PAPAYA. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL CONTENT OF ANY KIND THAT YOU MAKE AVAILABLE (BY UPLOADING OR OTHERWISE) OR USE THROUGH THE WEBSITE.
YOU REPRESENT AND WARRANT TO US THAT YOU WILL NOT ENGAGE IN ANY ACTIVITY THAT INTERRUPTS OR ATTEMPTS TO INTERRUPT THE OPERATION OF THE SERVICES OR SOFTWARE. ANYONE WHO ENGAGES IN, PARTICIPATES IN, OR DISPLAYS BEHAVIOR THAT MAY BE INTERPRETED, IN OUR SOLE DISCRETION, AS UNFAIR METHODS IN PARTICIPATING IN SERVICES OR USING THE SOFTWARE, INCLUDING BUT NOT LIMITED TO, THE OPENING AND/OR USE OF MULTIPLE ACCOUNTS, THE USE OF UNAUTHORIZED OR ALTERED SOFTWARE OR HARDWARE TO ASSIST PLAY, INTENTIONALLY POOR PLAY IN CERTAIN GAMES TO ACHIEVE COMPETITIVE ADVANTAGE, COLLUSION WITH OTHER PLAYERS (E.G. INTENTIONALLY LOSING REMATCHES IN CASH COMPETITIONS), DELIBERATE TRANSFER OF MONEY BETWEEN ACCOUNTS (E.G., "MONEY LAUNDERING"), HARASSMENT OF OTHER PARTICIPANTS, POSTING OBJECTIONABLE MATERIAL, BREACH OF THESE TERMS, BREACH OF SECURITY OF YOUR ACCOUNT OR ANY OTHER ACT (WHETHER THROUGH THE USE OF AUTOMATED TECHNOLOGY OR OTHERWISE) THAT UNFAIRLY ALTERS YOUR CHANCE OF WINNING OR CONSTITUTES THE COMMISSION OF FRAUD (COLLECTIVELY, "ABUSE"), YOU WILL BE SUBJECT TO IMMEDIATE SANCTION (AS DETERMINED BY US IN OUR SOLE DISCRETION), WHICH MAY INCLUDE, WITHOUT LIMITATION: (1) IMMEDIATE TERMINATION OF YOUR ACCOUNT AND BLOCKING OF YOUR ACCESS TO THE WEBSITE AND SERVICES; (2) ANY PRIZES THAT YOU MAY OTHERWISE HAVE BEEN ENTITLED TO RECEIVE SHALL BE VOID AND FORFEITED; AND (3) ANY PRIZES RECEIVED BY YOU SHALL BE SUBJECT TO DISGORGEMENT AND/OR RECOUPMENT. IN ADDITION TO THE FOREGOING, WE RESERVE THE RIGHT TO DISCLOSE OR REPORT ANY MONEY LAUNDERING SIMILAR ILLEGAL ACTIVITY TO LAW ENFORCEMENT AND REGULATORY AUTHORITIES.
ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY COMPETITION IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PAPAYA RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW.
You further acknowledge that the forfeiture and/or return of any prize AS A RESULT OF A VIOLATION OF THESE TERMS shall in no way prevent PAPAYA from pursuing criminal or civil proceedings in connection with such conduct.
9. THIRD PARTY WEBSITES
THE PAPAYA WEBSITE MAY PROVIDE LINKS TO THIRD WEBSITES AND/OR SERVICES (“THIRD PARTY WEBSITE”). THESE LINKS ARE PROVIDED AS A CONVENIENCE TO YOU AND DO NOT SIGNIFY THAT PAPAYA ENDORSES OR IS LIABLE IN ANY WAY FOR THE CONTENT, PRODUCTS, SERVICES OR MATERIALS DISPLAYED OR OFFERED ON SUCH THIRD PARTY WEBSITE. ANY PROBLEMS OR COMPLAINTS THAT YOU MAY HAVE WITH REGARD TO THAT THIRD PARTY WEBSITE SHOULD BE DIRECTED TO THAT THIRD PARTY WEBSITE'S ADMINISTRATOR.
10. LIMITATION OF LIABILITY
BY USING THIS WEBSITE, YOU UNDERSTAND AND AGREE THAT PAPAYA LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL PAPAYA, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE " PAPAYA ENTITIES AND INDIVIDUALS"), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEBSITE, THE SERVICES, OR YOUR UPLOADED INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY PAPAYA OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE OR SERVICES; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE WEBSITE'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE PAPAYA ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY TORT. IN NO EVENT WILL THE PAPAYA ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY, ARISING FROM YOUR USE OF THE WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE PAPAYA ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE PAPAYA ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE OR THE SERVICES. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF PAPAYA'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE OR OTHER PROPERTY OWNED OR CONTROLLED BY PAPAYA AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE WEBSITE, YOUR UPLOADED INFORMATION ON THE WEBSITE, OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
11. DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED "AS IS," WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. PAPAYA STRIVES TO KEEP SERVICES UP AND RUNNING; HOWEVER, ALL ONLINE SERVICES SUFFER OCCASIONAL DISRUPTIONS AND OUTAGES. IN ADDITION, PAPAYA IS NOT RESPONSIBLE IN ANY WAY FOR THE GAMES YOU PLAY OR FOR YOUR DEVICE, INCLUDING FOR ANY COMMUNICATION OR OTHER ERRORS IN SUCH GAMES OR DEVICE, AND SUCH ERRORS MIGHT BE COUNTED AS LOSSES IN COMPETITIONS YOU PARTICIPATE IN. YOU SHOULD REGULARLY BACKUP CONTENT THAT YOU STORE ON THE SERVICES. PAPAYA DOES NOT PROVIDE ANY WARRANTY REGARDING THE SERVICES, WEBSITE OR ANY SERVICE OR CONTENT MADE AVAILABLE THROUGH THE WEBSITE AND EXPRESSLY DISCLAIMS: AVAILABILITY, ACCURACY OF THE INFORMATION DISPLAYED ABOUT GAME STATISTICS, TECHNICAL ERRORS IN THE GAMES, USABILITY, QUALITY, APPROPRIATENESS, RELIABILITY, TIMELINESS, SERVICEABILITY, WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, LEGALITY, OR FITNESS FOR PARTICULAR PURPOSE. YOU AGREE THAT PAPAYA SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY THE WEBSITE OR YOUR USE OF THE WEBSITE INCLUDING, BUT NOT LIMITED TO, ANY ERROR, OMISSION, DELETION, DEFECT, OR ANY FAILURE TO PERFORM, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT OR DELAY IN OPERATION. PAPAYA DOES NOT WARRANT OR GUARANTEE PROTECTION FROM VIRUSES OR OTHER COMPUTER SYSTEM MALWARE. PAPAYA DOES NOT CLAIM OR GUARANTEE THAT THE SERVICES SHALL BE UNINTERRUPTED, OR THAT SERVICES SHALL BE ERROR FREE. PAPAYA DOES NOT GUARANTEE THAT ANY COMPETITIONS YOU PARTICIPATE IN WILL BE FAIR OR THAT OTHER PLAYERS WILL NOT CHEAT IN SUCH GAMES. WE DO NOT AND CANNOT GUARANTEE THAT USE OF OUR SERVICES WILL GENERATE YOU ANY PROFITS. WE DO NOT AND CANNOT TAKE RESPONSIBILITY FOR ANY LOSSES TO YOUR ACCOUNT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
12. USER SUBMISSIONS AND CONSENT
FOR PURPOSE OF THESE TERMS, THE TERM "CONTENT" INCLUDES, WITHOUT LIMITATION, VIDEO, AUDIO CLIPS, WRITTEN COMMENTS, INFORMATION, DATA, TEXT, PHOTOS, SOFTWARE, GRAPHICS, IN STATIC OR INTERACTIVE FEATURE, PROVIDED OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE. THE WEBSITE ENABLES YOU TO SUBMIT, ADD, CREATE, DISTRIBUTE OR POST CERTAIN CONTENT, INCLUDING, WITHOUT LIMITATION YOUR PERSONAL INFORMATION (EACH, A "USER SUBMISSION"). HOWEVER, PAPAYA DOES NOT GUARANTEE THAT ANY USER SUBMISSION WILL BE MADE AVAILABLE THROUGH THE WEBSITE. BY SUBMITTING ANY USER SUBMISSION ON OR THROUGH THE SERVICE, YOU (A) ACKNOWLEDGE THAT YOU ARE PUBLISHING SUCH USER SUBMISSION, AND THAT YOU MAY BE IDENTIFIED PUBLICLY BY YOUR USER NAME IN ASSOCIATION WITH SUCH USER SUBMISSION; (B) UNDERSTAND THAT WHETHER OR NOT SUCH USER SUBMISSION IS PUBLISHED, PAPAYA DOES NOT GUARANTEE, AND IS NOT UNDER ANY OBLIGATION OF, CONFIDENTIALITY WITH RESPECT TO ANY USER SUBMISSION, AND AGREE THAT ANY USER SUBMISSION PROVIDED IN CONNECTION WITH THE SERVICE IS PROVIDED ON A NON-PROPRIETARY AND NON-CONFIDENTIAL BASIS; (C) REPRESENT AND WARRANT THAT YOU OWN OR HAVE ALL NECESSARY RIGHTS AND PERMISSIONS TO USE AND AUTHORIZE PAPAYA AND USERS OF THE SERVICE TO USE ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO ANY USER SUBMISSION, AND TO ENABLE INCLUSION AND USE THEREOF IN CONNECTION WITH THE SERVICE; (D) REPRESENT AND WARRANT THAT YOUR USER SUBMISSION DOES NOT INFRINGE OR VIOLATE THE RIGHTS OF ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY COPYRIGHT, TRADEMARK, PATENT, OR OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHT, OR ANY RIGHT OF PRIVACY OR PUBLICITY; (E) GRANT PAPAYA A WORLDWIDE, NON-EXCLUSIVE, PERPETUAL, IRREVOCABLE, ROYALTY-FREE, FULLY-PAID, SUB-LICENSABLE AND TRANSFERABLE LICENSE TO USE, EDIT, MODIFY, REPRODUCE, DISTRIBUTE, PREPARE DERIVATIVE WORKS BASED UPON, DISPLAY, PERFORM, AND OTHERWISE EXPLOIT, THE USER SUBMISSION IN CONNECTION WITH THE WEBSITE AND/OR PAPAYA'S BUSINESS, INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH MARKETING OF THE WEBSITE; (F) WITHOUT LIMITING SUBSECTION (E) ABOVE, AGREE THAT PAPAYA SHALL HAVE THE RIGHT, BUT NOT THE OBLIGATION TO, EDIT, DELETE, MODIFY, REFORMAT, OR TRANSLATE ANY USER SUBMISSION SUBMITTED BY YOU, AT ANY TIME, WITHOUT NOTICE TO YOU, AND FOR ANY REASON (INCLUDING, WITHOUT LIMITATION, UPON RECEIPT OF A CLAIM RELATING TO SUCH USER SUBMISSION, OR IF PAPAYA IS CONCERNED THAT YOU MAY HAVE VIOLATED THESE TERMS), OR FOR NO REASON; AND (G) GRANT EACH USER OF THE WEBSITE A NON-EXCLUSIVE LICENSE TO ACCESS YOUR USER SUBMISSION THROUGH THE WEBSITE AND TO USE, REPRODUCE, DISTRIBUTE, DISPLAY, PERFORM, AND PREPARE DERIVATIVE WORKS BASED UPON, SUCH USER SUBMISSION SOLELY FOR PERSONAL NON-COMMERCIAL USES.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU SHALL BE SOLELY RESPONSIBLE FOR ANY USER SUBMISSION SUBMITTED BY YOU AND TO THE CONSEQUENCES OF POSTING OR PUBLISHING SUCH USER SUBMISSION, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY "MORAL RIGHTS" IN SUCH USER SUBMISSION.
YOU UNDERSTAND THAT WHEN USING THE WEBSITE, YOU MAY BE EXPOSED TO USER SUBMISSIONS FROM A VARIETY OF SOURCES, AND THAT PAPAYA IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF, OR RELATING TO, SUCH USER SUBMISSION. 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 MAY HAVE AGAINST PAPAYA WITH RESPECT THERETO AND YOU AGREE TO INDEMNIFY AND HOLD PAPAYA, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST TO OR TRANSMIT THROUGH THE SERVICE.
PAPAYA DOES NOT MONITOR OR CONTROL CONTENT POSTED BY USERS OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, USER SUBMISSION) OR OTHER INDIVIDUALS OR ENTITIES, AND CANNOT BE RESPONSIBLE FOR SUCH CONTENT. ANY USE OR RELIANCE ON ANY CONTENT POSTED THROUGH THE SERVICE OR OBTAINED BY YOU THROUGH THE SERVICE IS AT YOUR OWN RISK.
13. PAPAYA’S INTELLECTUAL PROPERTY RIGHTS
THE SOFTWARE, IMAGES, TEXT, GRAPHICS, ILLUSTRATIONS, TRADEMARKS, BRANDS, SERVICE MARKS, COPYRIGHTS, PHOTOGRAPHS, AUDIO, VIDEOS AND MUSIC, LOGOS AND DESIGNS OF PAPAYA AND OTHERS COMPANIES SERVICED BY PAPAYA ARE THE PROPERTY OF PAPAYA OR THEIR RESPECTIVE OWNERS. AS A USER OF THIS WEBSITE, YOU AGREE NOT TO USE, COPY, REPRODUCE, PUBLISH OR BORROW ANY OTHER CONTENT OR TRADEMARKED WORK WITHOUT EXPLICIT PERMISSION FROM PAPAYA. EXCEPT AS EXPLICITLY PROVIDED HEREIN, NOTHING IN THIS TERMS SHALL BE DEEMED TO CREATE A LICENSE IN OR UNDER ANY SUCH INTELLECTUAL PROPERTY RIGHTS, AND YOU AGREE NOT TO SELL, LICENSE, RENT, MODIFY, DISTRIBUTE, COPY, REPRODUCE, TRANSMIT, PUBLICLY DISPLAY, PUBLICLY PERFORM, PUBLISH, ADAPT, EDIT OR CREATE DERIVATIVE WORKS FROM ANY MATERIALS OR CONTENT ACCESSIBLE ON THE WEBSITE. YOU MAY CHOOSE TO OR WE MAY INVITE YOU TO SUBMIT COMMENTS OR FEEDBACK ABOUT THE SERVICE, INCLUDING WITHOUT LIMITATION ABOUT HOW TO IMPROVE THE SERVICE OR THE WEBSITE (“FEEDBACK”). BY SUBMITTING ANY FEEDBACK, YOU AGREE THAT YOUR DISCLOSURE IS GRATUITOUS, UNSOLICITED AND WITHOUT RESTRICTION AND WILL NOT PLACE PAPAYA UNDER ANY FIDUCIARY OR OTHER OBLIGATION, THAT WE ARE FREE TO DISCLOSE THE FEEDBACK ON A NON-CONFIDENTIAL BASIS TO ANYONE OR OTHERWISE USE THE FEEDBACK WITHOUT ANY ADDITIONAL COMPENSATION TO YOU. EXCEPT AS EXPRESSLY SET FORTH HEREIN, NO RIGHT OR LICENSE IS GRANTED HEREUNDER, EXPRESS OR IMPLIED, TO ANY INTELLECTUAL PROPERTY RIGHTS AND YOUR USE OF THE SERVICES AND/OR SOFTWARE DOES NOT CONVEY OR IMPLY THE RIGHTS TO USE THE SERVICE OR SOFTWARE IN COMBINATION WITH ANY OTHER INFORMATION OR PRODUCTS.
14. DMCA NOTIFICATION
If you find anything on the Services OR WEBSITE that you believe infringes your copyright or the copyrights of a person you are authorized to represent, please report the alleged infringement to us at with the following information:
A physical or electronic signature of the copyright owner or a person authorized to act on his or her behalf;
Identification of the copyrighted work claimed to have been infringed;
Identification of the infringing material and information reasonably sufficient to permit us to locate that material;
Your contact information, including your address, telephone number, and an e-mail address;
A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you believe that your material has been removed in error in response to a copyright notification, you may submit a counter notification to us with the following written information:
A physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which BattleHive may be found, and that you will accept service of process from the person who provided notification or an agent of such person
