GAMERGREEN® TERMS OF USE

The terms and conditions set forth below (the “Terms of Use”) are applicable at all times while you are utilizing the GamerGreen® web site located at www.gamergreen.com or the GamerGreen® mobile applications and all associated “GamerGreen®” sites linked to www.gamergreen.com by GamerGreen®, its subsidiaries and affiliates, including GamerGreen® sites and mobile applications worldwide (collectively the “GamerGreen® Platform”) and you are legally obligated to abide by such terms and conditions.  If you do not agree with any of the terms and conditions of these Terms of Use you should not access the GamerGreen® Platform  nor should you use any of the services offered on or through the GamerGreen® Platform.  Your use of and access to the GamerGreen® Platform  shall be deemed your agreement to be bound by the terms and conditions of these Terms of Use.  Notwithstanding anything set forth in these Terms of Use to the contrary, GamerGreen® reserves the right, in its sole and absolute discretion, to amend these Terms of Use at any time with or without notice to you.  As such, you are encouraged to periodically review these Terms of Use, as amended from time to time, on the GamerGreen® Platform .  Regardless of whether or not you review these Terms of Use, periodically, on the GamerGreen® Platform , your continued use of and access to the GamerGreen® Platform  evidences your agreement to abide and be bound by these Terms of Use as may be amended from time to time by GamerGreen®.

About Us

The GamerGreen® Platform  is controlled and operated by Funbox Entertainment (UK) Ltd, a United Kingdom company whose primary offices are located at Medina House, 2 Station Avenue, Bridlington, East Yorkshire, England, YO16 4LZ.

GamerGreen® does not own or operate any of the third party platforms which you play in order to receive digital currency (“Digital Currency”).  Any and all entry fees, prize eligibility, prize availability, terms and conditions of play and other similar game play governing instructions, rules or regulations are solely those of the third party game operators who own, possess or lease the third party platforms.  GamerGreen®’s sole business and relationship to the third parties is to provide prize redemption services.

Customer Usage

Use and access to the GamerGreen® Platform  is limited to, only, individuals who have created a GamerGreen® account.  By creating your account you grant your consent for our collection of information with respect to the type of device, or devices, you use and their operating systems so that we may provide you with access to the appropriate version of the GamerGreen® Platform .

General Account Usage

When you create your account you agree to these Terms of Use, and you specifically acknowledge that you have read and understand each of the following statements and you, further, agree to abide by those which require your compliance: (a) that you are thirteen (13) years old or older; (b) all of the information provided to you with respect to opening your account is true and correct; (c) your email address is a valid email address that you will be required to verify upon creation of your account and, thereafter, at such times and under such circumstances as GamerGreen® deems reasonable and appropriate; (d) you will not violate any local, state or federal laws as a result of your use of and access to the GamerGreen® Platform ; (e) you will not violate any of the terms and conditions of these Terms of Use.  You acknowledge your responsibility for all of your account content and your, and third parties, activity within or related to your account.  Protection of your account content is solely your responsibility by means of your utilization of a secure password recommended by GamerGreen® to include symbols, lowercase and uppercase letters, numbers which are original to your account and not utilized with any other website related account that you may have.

GamerGreen® reserves the right to terminate your account, deactivate all, or less than all, of your devices registered to your account and terminate your access to the GamerGreen® Platform , without notice, if GamerGreen® reasonably believes that you have violated any local, state or federal law, rule or regulation or the terms and conditions of these Terms of Use.  GamerGreen®’s right to terminate your account, or deactivate your devices, under such circumstances may be without explanation and shall not subject GamerGreen® to any liability to you, or other third parties.  Further, GamerGreen® reserves the right to remove from its servers, in GamerGreen®’s sole and absolute discretion, any or all of your account content to which GamerGreen® has access.

Notwithstanding that you may voluntarily discontinue your use of and your access to the GamerGreen® Platform , including the termination of your account, on and after such discontinuation you are still bound to comply with the terms and conditions of these Terms of Use.

By activating your account you acknowledge that the term of your use and access to the GamerGreen® Platform  shall, unless terminated by GamerGreen® pursuant to these Terms of Use, continue unless you cancel your account, or deactivate all of your devices registered to your account.  Your voluntary termination of your account, or deactivation of all of your devices registered to your account, shall not entitle you to receive, nor shall it obligate GamerGreen® to provide to you, any refund, reimbursement, credit or other form of monetary remuneration.  In addition, in the event that your use of and access to the GamerGreen® Platform  and your account is terminated, involuntarily by GamerGreen®, you shall not be entitled to receive any refund, reimbursement, credit or other form of monetary remuneration from GamerGreen®.

The material that you, and others, access in the GamerGreen® Platform  is provided solely for entertainment and promotional purposes. The information, content and opinions expressed in any bulletin boards, chat rooms, or other forums including social media outlets which may be published on the GamerGreen® Platform  are not necessarily those of GamerGreen®’s or its affiliated or related entities or content providers.

The GamerGreen® Platform  and the services provided to you in connection therewith are provided to you on an “AS IS WHERE IS” basis.  You agree that GamerGreen® reserves the right to modify or discontinue the GamerGreen® Platform  and its services and, further, GamerGreen® reserves the right to remove the data that you provide, either temporarily or permanently, at any time, without notice and without any liability on GamerGreen®’s part to you.

Prizes and Redemption

GamerGreen® shall establish the amount, structure, availability, process and other criteria for prize redemption (including the amount of Digital Currency necessary to redeem each prize), all of which are subject to modification, cancellation or limitation at GamerGreen®’s sole and absolute discretion, with or without notice. The amount of Digital Currency required to redeem any prize may be substantially increased or decreased, any prize may be withdrawn, and restrictions on any prize or its redemption may be imposed at any time. GamerGreen® may prohibit you from redeeming a prize in its absolute and sole discretion, including, specifically, when required by law. The amount of Digital Currency prizes cost are subject to change without notice. Prizes displayed on the GamerGreen® Platform , game monitors, posters, print and non-print advertisements are for illustration purpose only. Actual prizes may vary. Prize colors may vary.  All sales or prize redemptions are final – – no exceptions.   GAMERGREEN® MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRIZE, ITS CONDITION, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER CHARACTERISTIC.  THERE IS NO WARRANTY THAT ANY PRIZE SHALL BE FREE FROM DEFECTS.  YOU ACKNOWLEDGE THAT ALL PRIZES WHICH YOU RECEIVE ARE PROVIDED “AS IS WHERE IS.”  GAMERGREEN® SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR CLAIM CAUSED BY OR ATTRIBUTABLE TO ANY DEFECT OR DEFICIENCY IN ANY PRIZE WHETHER ARISING OUT OF THE MANUFACTURE, DESIGN, DELIVERY OR DAMAGE TO A PRIZE OR FROM ANY OTHER CAUSE WHATSOEVER.

GamerGreen®, its managers, members, employees, agents, affiliates and related entities are not responsible for typographical errors, outdated or incorrect prize prices displayed on amusement game posters, print or non-print advertisements, display monitors, social media posts, emails or the GamerGreen® Platform .

Digital Currency Expiration and Values 

Under no circumstance shall GamerGreen® have any obligation to allow you to redeem any Digital Currency which has not been Banked into your account.  If you fail, at any time, to Bank Digital Currency to your account during any single period of three hundred sixty-five (365) consecutive days GamerGreen® may, in its sole and absolute discretion, terminate your account and cancel all Digital Currency Banked in your account.  GamerGreen® may, but shall have no obligation to, send you prior notification of the termination of your account and the expiration of the Banked Digital Currency contained therein.

Variable data code values and QR code values produced by GamerGreen® or through the GamerGreen® Platform  that do not have specific printed Digital Currency values, including but not limited to, decals, hangtags, cards, vending capsule inserts, print and non-print advertisements and game receipts are subject to change without notice.

For purposes of these Terms of Use the term “Banked” shall mean all Digital Currency which has been loaded into your account.

Ticket balance is capped at 500,000 tickets per user. Once this limit is reached the oldest added tickets will be removed to stay below capped amount of 500,000 tickets.

Tickets expire after 12 months.

Maximum redemption of tickets is limited to 500,000 tickets in any single calendar month.

Maintenance of the GamerGreen® Platform

GamerGreen® reserves the right, in its sole and absolute discretion, to modify, or remove the GamerGreen® Platform  from service thereby eliminating, on a temporary or permanent basis, your, and others, access to the GamerGreen® Platform .  Under such circumstance, GamerGreen® shall not be liable to you, or to any third party, for such discontinuance whether temporary or permanent.

Warranty Disclaimer

 Your use of and access to THE GAMERGREEN® PLATFORM  is provided to you “AS IS” and without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.  GAMERGREEN® does not represent or warrant that the functionS contained within and about THE GAMERGREEN® PLATFORM , OR THAT SERVICES PROVIDED TO YOU OR ADMINISTERED BY AND THROUGH GAMERGREEN® AND the GAMERGREEN® PLATFORM , will be uninterrupted, error free, bug free, virus free, free of trojan horses or other malevolent code or that defects will be corrected.  GAMERGREEN® does not warrant or make any representations regarding your use of or access to materials and information on THE GAMERGREEN® PLATFORM  in terms of their correctness, accuracy, reliability or otherwise.  You acknowledge and assume the risks inherent from use of THE GAMERGREEN® PLATFORM .  While GAMERGREEN® will use reasonable efforts to include accurate and up-to-date information on THE GAMERGREEN® PLATFORM , errors or omissions may occur and GAMERGREEN® makes no warranties or representations as to the accuracy of anything on or associated with THE GAMERGREEN® PLATFORM .

Links to other party websites AND APPLICATIONS WHETHER OR not owned or controlled by GAMERGREEN® may be available for access through THE GAMERGREEN® PLATFORM .  Such external party WEBSITE AND APPLICATIONS contain information created, published, maintained or otherwise posted by organizations THAT MAY BE RELATED OR UNRELATED TO GAMERGREEN®.  GAMERGREEN® does not warrant, certify or otherwise assume any responsibility for any information, content, productS or services referenced or provided by such partIES or displayed on their websites OR WITHIN THEIR APPLICATIONS.

Some states do not permit limitations or exclusions of implied warranties so CERTAIN OF the above limitations may not apply to you.

Limitation of Liability

Under no circumstance, including, but not limited to, negligence by act or omission, shall GAMERGREEN®, its MANAGERS, MEMBERS, employees, agents, AFFILIATES, RELATED ENTITIES or any individual or entity involved in creating, producing, ADMINISTERING OR CONDUCTING THE BUSINESS OF THE GAMERGREEN® Platform  OR PROVIDING, ADMINISTERING OR DELIVERING SERVICES THROUGH GAMERGREEN®, be liable to you for any direct, incidental, consequential, indirect, special or punitive damages that result from your use of, or your inability to use (including any disruption caused by a system or other failure affecting such use), the processes and functions of THE GAMERGREEN® PLATFORM  or GAMERGREEN® itself, even if GAMERGREEN® or a representative of GAMERGREEN® has been advised of the possibility of such damages.  GAMERGREEN® further assumes no responsibility and shall not be liable for any damages you may incur due to viruses that infect your computer, tablet, phone or other DEVICES on account of your use of and access to THE GAMERGREEN® PLATFORM  or your downloading of any materials, data, texts, or other media from THE GAMERGREEN® PLATFORM .  Further, GAMERGREEN® assumes no liability to you arising out of or related to the loss, theft, destruction or deletion of digital currency BANKED IN your Account.

Further, under no circumstance shall GAMERGREEN® be liable to you for any Loss you may suffer arising out of or related to the loss or theft of digital currency BANKED IN your ACCOUNT or DUE TO your  inability to connect to THE GAMERGREEN® PLATFORM .  Your sole remedy for the loss of any digital currency or other data of yours that ARE BANKED OR STORED IN YOUR ACCOUNT shall be to deactivate all of your devices registered to your account and/or to discontinue and cancel your Account.

Some states do not permit limitations or exclusions of liability for direct, incidental, consequential, indirect, special or punitive damages so the above limitations or exclusions may not apply to you.

Statute of Limitations

You agree that, unless otherwise prohibited by an applicable statute or law, any claim or cause of action arising out of or related to the GamerGreen® Platform  or these Terms of Use must be commenced by you within one (1) year after such claim or cause of action accrued.

 Trademarks and Copyrights

GamerGreen® and all other trademarks, services marks, trade names and logos used by GamerGreen® whether registered or unregistered are owned by GamerGreen® and may not be used or reproduced by you without GamerGreen®’s prior written permission which such permission may be withheld for any reason or for no reason at all.  All information and content included by GamerGreen® on the GamerGreen® Platform  is protected by copyright.  You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, or utilizing in any manner any of such GamerGreen® related intellectual property for commercial or public purposes.  Violation of the terms and conditions of these Terms of Use may result in legal action taken being taken against you to enjoin the unauthorized use of GamerGreen®’s intellectual property.

Indemnification

 You agree to indemnify, defend and hold harmless GamerGreen®, its managers, members, employees, agents, affiliates and related entities harmless from and against all losses, damages (including special, consequential, punitive or otherwise), claims, causes of action, liabilities, costs and expenses, including reasonable attorneys’ fees, judgments, fines, fees and penalties and any other charges (“Losses”), arising out of or related to your use of or access to the GamerGreen® Platform  and, specifically, any Losses which arise out of or are related to your breach or violation of the terms and conditions of these Terms of Use.

Invalid Provisions

If any provision of these Terms of Use is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable and these Terms of Use shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof and the remaining terms and conditions of these Terms of Use shall remain in full force and effect.

 Consumer Rights/California Civil Code §1789.3

Charges for services and pricing information has been provided to you as part of the process of setting up your account.  If you are a resident of the State of California and if you have a complaint or inquiry regarding pricing policies, in accordance with California Civil Code §1789.3, all correspondence should be addressed to the following address: MCL Industries, Inc., attention Notification of California Consumer Rights Complaint or Pricing Inquiry, 660 Corporate Way, Pulaski, Wisconsin 54162; phone (920) 822-4100.  If you contact GamerGreen® with complaints or inquiries regarding pricing  GamerGreen® will review those matters and respond appropriately.  As a California resident you may contact the California Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs, in writing, at 1625 N. Market Blvd., Suite N112, Sacramento, California 95834 by telephone at (916) 445-1254 or at (800) 952-5210.

Arbitration

All disputes, complaints, controversies and causes of action arising out of, under or related to these Terms of Use, the GamerGreen® Platform  or GamerGreen®’s provision of its services to you (or GamerGreen®’s alleged failure to provide such services) or in any way relating to: (a) the relationship between you and GamerGreen® as contemplated herein; (b) your waiver of a right to a jury trial as set forth below; (c) your agreement to initiate any claim against GamerGreen® in your individual capacity, only; and (d) your waiver of any rights that you may have to participate in a class action lawsuit against GamerGreen® as a member of a class, including, but not limited to, as a class representative, shall be resolved through binding arbitration located in Green Bay, Brown County, Wisconsin.  Arbitration may be initiated by you or GamerGreen® providing to the other party written notice of a request for arbitration which such notice shall include facts of sufficient detail in order to apprise the other party of the nature of the alleged dispute.  Each party shall appoint one (1) representative (the “Representative”) and the Representatives shall, thereafter, mutually agree upon and select one (1) person who shall serve as the parties’ arbitrator hereunder (the “Arbitrator”).  If the parties’ Representatives are unable to agree, as determined in the sole discretion of GamerGreen®’s Representative, as to the appointment of the Arbitrator, then the Arbitrator shall be selected by GamerGreen®’s Representative with notice of said selection being delivered to you in writing; provided, however, that the Arbitrator selected solely by GamerGreen®’s Representative must be a former Wisconsin Circuit Court judge.  The initiating party’s Representative shall be identified in the initiating party’s initial notice.  The other party’s Representative shall be named, in writing, by delivery of a notice to the initiating party within fifteen (15) business days of said party’s receipt of the initial arbitration notice.  Each of parties’ Representatives shall be members in good standing of the Wisconsin State Bar Association and who shall have expertise in commercial disputes and/or business transactions.  The parties’ Representatives shall select the Arbitrator who shall also be a member in good standing of the Wisconsin State Bar Association and who shall also have expertise in commercial disputes and/or business transactions or a former Wisconsin Circuit Court judge.  If either you or GamerGreen® fails to timely appoint a Representative, then the other party’s timely appointed Representative may select the Arbitrator; provided, however, that the Arbitrator appointed in this manner must be a former Wisconsin Circuit Court judge.  The Arbitrator shall provide a written decision stating the Arbitrator’s findings based on the facts and the applicable law.  Except as specifically set forth herein, all matters relating to the arbitration proceedings contemplated in these Terms of Use, shall be governed by and be conducted in accordance with Chapter 788 of the Wisconsin Statutes, as may be amended from time to time.  The decision of the Arbitrator shall be conclusively binding on both you and GamerGreen®.

 The terms set forth herein with respect to arbitration, are self-executing.  If you refuse or neglect to appear at or participate in any arbitration proceeding conducted pursuant to these Terms of Use, the Arbitrator shall proceed ex parte to decide the matter in accordance with the evidence as presented by GamerGreen®.  All hearings conducted by the Arbitrator shall be conducted within forty-five (45) days of the date of the Arbitrator’s written acceptance of appointment and all discovery deadlines and other time sensitive matters shall be scheduled by the Arbitrator consistent therewith.  Not later than seven (7) business days prior to any arbitration hearing, including, but not limited to, a final hearing, you and GamerGreen® shall deliver to one another and to the Arbitrator, a written list of the names of all witnesses and a specific written summary of the testimony expected to be provided by each witness.  In addition, each party shall provide to the other party copies of all documents intended to be presented at any hearing within said seven (7) business day time period.  No witness or document shall be allowed to testify at or shall be allowed presented at any hearing which has not been disclosed to the other party and to the Arbitrator as required in the preceding sentences.

Under all circumstances, the attorneys’ fees, costs and expenses which you incur arising out of or related to arbitration of any matter under these Terms of Use shall be your sole and absolute obligation.  The Arbitrator shall have no authority to rule in favor of either party with respect to any prevailing party, or similar concept, award of attorneys’ fees, reasonable or otherwise, costs and expenses.

Notice to you required by these Terms of Use shall be given by GamerGreen® at the mailing or email addresses provided to GamerGreen® when you set up your account.  Notice to GamerGreen® required by these Terms of Use shall be given to GamerGreen® by certified mail, return receipt requested, at MCL Industries, Inc., 660 Corporate Way, Pulaski, Wisconsin 54162.

Waivers

As previously stated above, when you create your Account you agree to these Terms of Use, including each of the following waivers: (a) your right to have any dispute, complaint, controversy or cause of action arising or related to these Terms of Use or the GamerGreen® Platform  resolved by court trial, including a waiver of your rights to a jury trial; and (b) any right or opportunity that you may have to participate, as a member or as a class representative, in any class action lawsuit for which GamerGreen®, or any individual or entity affiliated with GamerGreen®, is a defendant.

You acknowledge that you have had the opportunity to seek the advice of an attorney or other independent counsel, with respect to the waivers set forth above, and that whether or not you have done so you have decided to voluntarily agree to such waivers.

Choice of Law and Venue

GamerGreen® operates from its offices located in the State of Wisconsin, United States of America and the GamerGreen® Platform  is administered from said location.  By choosing to use and access the GamerGreen® Platform  from within or outside the State of Wisconsin, United States of America, you agree to be subject to the jurisdiction of the courts of the State of Wisconsin and the United States of America and, further, to comply with any and all, state or federal rules, regulations, statutes or laws applicable.  Although you agree that any dispute, complaint, controversy or cause of action arising under or related to these Terms of Use or the GamerGreen® Platform  must be resolved through binding arbitration as set forth above, you acknowledge that certain issues of law, including enforcing the arbitration terms set forth above, may be subject to resolution by a court of competent jurisdiction.  Therefore, these Terms of Use and all questions of their interpretation, performance, enforcement, and the rights and remedies that you or GamerGreen® may have in connection therewith, other than those to be resolved by arbitration, shall be determined in accordance with the laws of the State of Wisconsin, United States of America.  Any interpretation or construction of these Terms of Use shall be without regard to any presumption or rule requiring construction against GamerGreen® for having prepared these Terms of Use.  By creating your account you specifically submit to personal jurisdiction of the courts of general jurisdiction for Brown County, Wisconsin, United States of America, and you agree that the venue for any legal action arising out of any matter related to these Terms of Use, including their interpretation, shall be in either the Circuit Court for Brown County, Wisconsin, United States of America or the United States District Court for the Eastern District of Wisconsin, located in Green Bay, Wisconsin, United States of America.