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Terms of Service
Last updated: July 9, 2026
These Terms of Service ("Terms") govern your use of the Services, as defined herein, and any associated content related updates, upgrades, and features. These Terms are a legally binding agreement between you and Hardest Cut Creations LLC. Read these Terms carefully before using the Services. By accessing or using the Services, you hereby agree and assent to all terms, conditions, and obligations herein. IF YOU DO NOT AGREE WITH THESE TERMS OR ANY PORTION THEREOF, YOU MAY NOT USE OR OTHERWISE ACCESS THE SERVICES.
We may change, update, or replace these Terms at any time, at our sole discretion and without prior notice by posting a revised version on the Site. Any changes are effective immediately when posted to the Site; the "Last updated" date above reflects the current version. It is your responsibility to review these Terms periodically, and your continued use of the Site after changes are posted constitutes acceptance of the revised Terms.
These Terms include, by reference, Company's Privacy Policy, as amended from time to time.
THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. BY ACCEPTING THESE TERMS, EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND COMPANY AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THE FOREGOING ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER. THIS RIGHT MUST BE EXERCISED WITHIN THIRTY (30) DAYS OF THE FIRST DAY YOU ACCESS THE SERVICES. TO EXERCISE YOUR OPT OUT RIGHT, YOU MUST SEND WRITTEN NOTICE OF YOUR DECISION TO OPT-OUT TO: legal@gag.gg
These Terms do not apply to the games entitled Grow a Garden or Grow a Garden 2, or to any other products or services provided by Company other than the Services, as such term is defined herein. Usage of such games and services are governed by their respective terms of service.
NEITHER THE SITE NOR HARDEST CUT CREATIONS LLC IS AFFILIATED WITH, ENDORSED BY, OR OTHERWISE CONNECTED TO THE ROBLOX CORPORATION. THE TERMS "ROBLOX," AND ANY OTHER PRODUCT MARKS, TRADEMARKS, LOGOS, WORD MARKS, OR SERVICE MARKS, ALONG WITH THE ROBLOX PLATFORM AND UNDERLYING MATERIALS THEREIN ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS. USE OF THE FOREGOING DOES NOT IMPLY ANY AFFILIATION WITH OR ENDORSEMENT BY ROBLOX.
BY USING THE SERVICES, YOU CONFIRM THAT YOU ARE ABOVE THE MINIMUM AGE AND ARE NOT BARRED FROM USING THE SERVICES UNDER APPLICABLE LAW.
THE SERVICES ARE NOT DIRECTED TO CHILDREN UNDER 13 AND YOU MAY NOT USE THE SERVICES IF YOU ARE UNDER 13 YEARS OLD. BY ACCESSING AND/OR USING THE SERVICES YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE. IF YOU ARE OVER THE AGE OF 13 BUT UNDER THE AGE OF 18 OR OTHERWISE UNDER THE LEGAL AGE OF THE MAJORITY IN YOUR JURISDICTION OF RESIDENCE, YOU MAY ONLY USE THE SERVICES WITH PERMISSION FROM AND UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN AND SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN SECTION 4 OF THESE TERMS.
Contents
- Definitions
- License
- License Restrictions and Prohibited Content
- Children Under 18
- Intellectual Property Ownership
- Account
- Roblox Terms of Use
- Gold Carrots and Tips
- User Generated Content
- Communication Services
- Service Availability and Termination
- Electronic Communication
- Company Disclaimer, Limitation of Liability, and Remedies
- Representations and Warranties
- Links to Third-Party Sites, Advertising & Affiliate Links
- Device and Internet Connection
- International Users
- Release
- Indemnification
- Dispute Resolution
- Class Action Waiver
- Access Restriction
- Severability
- Miscellaneous
- Copyright Infringement Policy
- DMCA Counter Claims
1. Definitions
"Account" means any individual User account that you may create in order to use the Services.
"Company" means Hardest Cut Creations LLC. References to "us" "we," or "our" means Company, including any and all subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers, and directors. Company does not include affiliates or third parties (analytics or ad tech companies, or similar organizations).
"Dispute" means any controversy related to this agreement, including without limitation claims arising out of or relating to any aspect of the relationship between you and Company, claims that arose before these Terms, and claims that may arise after the termination of these Terms; however, this does not include claims related to or arising from the enforcement or protection of Intellectual Property Rights, and is subject to any applicable statutory consumer rights laws in your local jurisdiction.
"Gold Carrots" means the free, in-Site virtual items that Users who have signed into their Account may receive.
"Intellectual Property Rights" means, any and all right, title, and interest of every kind whatsoever, whether now known or unknown, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress and similar rights of any type under the laws of any governmental authority, including, without limitation, all applications and registrations relating to the foregoing.
"Notice" means a delivered writing by email, courier, or postal delivery to the other party at their respective address and will be effective upon receipt.
"Privacy Policy" means our policy regarding data collection and processing, which also governs your use of the Services and is incorporated herein by reference.
"Roblox" means the Roblox Corporation, including any and all subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership, and/or any of their agents, employees, officers, and directors.
"Roblox Platform" means the website https://www.roblox.com/ and any inclusive subdomains as well as the Roblox app on mobile devices, and the Roblox Game download on video game consoles.
"Services" means the Site and all other applications, content, tools, features, and functionality offered on or through our Site and any associated services or materials thereon.
"Site" means the online website "https://gag.gg/" including all sub-pages, sub-domains, and associated domains thereof.
"Terms" means these terms of service and any terms, conditions, covenants, representations, warranties, obligations, and licenses contained herein.
"Tips" means the free, in-Site virtual items that allows Users to transfer Gold Carrots between Accounts.
"User," "you," or "your" means any user of the Services, or any owner, officer, employee, affiliate, or agent of the same that uses the Services or any portion thereof.
"User Generated Content" means any photos, images, likenesses, logos, marks, literary works, sound recordings, musical composition, audiovisual works and programs, modes, animations, names, and any other content or materials posted or otherwise integrated into the Services via the User.
2. License
The Services are licensed to you for your personal use and entertainment only. Company hereby grants you a personal, limited, non-transferable, fully, revocable, and non-exclusive License to use the Services for your personal entertainment and non-commercial use, subject to your compliance with these Terms and subject to the limitations set forth in Section 3. COMPANY OR ITS LICENSORS OWN AND RESERVE ALL OTHER RIGHTS, INCLUDING ALL RIGHT, TITLE AND INTEREST IN THE SERVICES AND ALL MATERIALS OR CONTENT THEREIN, AND ALL ASSOCIATED INTELLECTUAL PROPERTY RIGHTS.
3. License Restrictions and Prohibited Content
You are granted a non-exclusive, non-transferable, revocable license to access and use the Services, strictly in accordance with these Terms. As a condition of your use of the Services, you represent and warrant to Company that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not do any of the following with respect to the Services or any components thereof:
- Use the Services commercially or for a promotional purpose, except as otherwise authorized herein;
- Copy, reproduce, distribute, display, publicly perform, publish, or use the Services or any portion or aspect thereof, in any way that is not expressly authorized in these Terms;
- Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that this activity is expressly permitted by the applicable law of your country of residence;
- Modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted by these Terms or by applicable law notwithstanding this limitation;
- Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services;
- Access the Services or any website, server, software application, or other computer resource owned, used and/or licensed by Company, by means of any robot, spider, scraper, crawler or other automated means for any purpose, or bypass any measures Company may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used and/or licensed to Company;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services;
- Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- Use the Services in any manner which could damage, disable, overburden, or impair the Site or otherwise interfere with any other party's use and enjoyment of the Services;
- Use bots, scripts, or coordinated accounts to mass-post, mass-follow, or artificially inflate likes, views, Tips, follower counts, or leaderboard standing;
- Attempt to indicate in any manner that you have a relationship with Company or that Company has endorsed you or any products or services for any purpose;
- Harvest or collect the email addresses or other contact information of other Users;
- Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, forge another person's digital signature, misrepresent the source, identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity;
- Infringe the rights of any third party, including but not limited to intellectual property, privacy, and publicity rights;
- Defame, harass, abuse, threaten, or defraud any third party;
- Post content that is unlawful, hateful, harassing, threatening, sexually explicit, infringing, deceptive, or spam, or that targets or endangers minors;
- Collect, or attempt to collect, personal information about users or third parties without their consent;
- Use the Site in violation of Roblox's policies; or
- Use the Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.
Company also reserves all available legal rights and remedies to prevent the unauthorized use of the Services, including, but not limited to, technological barriers, IP mapping, and contacting your internet service provider.
4. Children Under 18
- By using the Services, you warrant and represent that you: (1) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement; or (2) are a minor who has been authorized under the provisions of Section 4(b) below.
-
If you are the legal guardian of a minor, you can choose to allow use of
the Services by that minor instead of yourself subject to the following
provisions:
- You acknowledge, and further agree that the aforementioned minor is entering into an agreement with your consent;
- You acknowledge, and further agree you are entirely responsible for all the provisions in these Terms;
- You acknowledge, and further agree, you are legally responsible for all actions of that minor, including but not limited to any payments, damages and/or liabilities related to the actions of that minor;
- In consideration of Company allowing access to the Services by a minor, and in addition to the indemnification provisions set forth herein, the foregoing adult hereby guarantees and agrees to pay for any and all liabilities of any nature whatsoever incurred under this agreement and to defend, indemnify and hold harmless Company with respect thereto.
5. Intellectual Property Ownership
Except to the extent the User Generated Content appears therein, the Protected Content is the property of Company or its third-party suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Protected Content, in whole or in part, found within the Services. Your use of the Services does not entitle you to make any unauthorized use of any of the Protected Content, and in particular you shall not delete or alter any proprietary rights or attribution notices in any Protected Content. You shall use Protected Content solely for your personal use, as outlined in these Terms, and will make no other use of the Protected Content without the express written permission of Company and/or Protected Content's third-party owner, if applicable. YOU ACKNOWLEDGE AND AGREE THAT YOU DO NOT ACQUIRE ANY OWNERSHIP RIGHTS IN ANY PROTECTED CONTENT. Except as provided for herein, these Terms do not grant any licenses, express or implied, to the Protected Content or any other intellectual property of Company, our licensors, or any third party.
6. Account
You may use a valid Account to use the Services. You may use the Services without a valid Account, provided you may not be able to access all of the Services.
You may create an Account by logging onto your account on the Roblox Platform. You may not create an Account if you have a Roblox Kids account on the Roblox Platform. You acknowledge that by using the Roblox Platform to create an Account, you may be subject to an agreement(s) with Roblox, including but not limited to the Roblox Terms of Use. You are solely responsible for maintaining the confidentiality and security of your Account and password. Such security includes but is not limited to restricting access to your computer, laptop, tablet, mobile device or video game console that you use to access the Services and/or where such password may be stored. You agree that you are solely responsible for all activities and actions that occur under the auspices of your Account. You agree not to assign or otherwise transfer your Account to or share your password with any other person or entity. You acknowledge and agree that Company is not responsible for third party access to your Account that results from theft or misappropriation of your password or other Account credentials. You hereby acknowledge and agree that any action taken under your Account will be presumed to have been authorized by you.
You further acknowledge and agree that by accessing the Services via your existing Roblox account, you are providing Company with limited access any information including any personal information about you contained within in your Roblox account and associated credentials for the purpose of logging into the Site. For more information, please visit our Privacy Policy.
Signing in with Roblox is optional. We request the minimum identity scopes
(openid and profile) and never ask for permission
to act on your Roblox account. You may revoke the Site's access at any time
from your Roblox account's Authorized Apps settings.
You may delete your Account at any time by going to your Profile page on the Site and clicking "Delete account" button.
7. Roblox Terms of Use
By logging onto your Roblox account and creating an Account with our Services, in addition to these Terms, you are subject to the Roblox Terms of Use (found here http://en.help.roblox.com/hc/en-us/articles/115004647846-Roblox-Terms-of-Use) and any other agreement between you and Roblox (collectively the "Roblox Terms of Use") and you acknowledge that you have read and the same. If Company receives notice that your activity violates the Roblox Terms of Use or any similar agreement between you and Roblox, Company or Roblox may take action against your Account to bring you into compliance with such agreements. Such actions may include suspending or terminating your Account privileges. You acknowledge and agree that Company is not a party to any of the foregoing agreements or any other agreements between you and Roblox and compliance with such agreements is not monitored, enforced, or controlled by Company. We hereby expressly disclaim any and all liability with respect to the Roblox Terms of Use or your actions thereunder.
8. Gold Carrots and Tips
Users who are signed into their Account may earn Gold Carrots and Tips. No purchase is necessary in order for Users to earn Gold Carrots or Tips. Gold Carrots and Tips may only be used within the Site. Gold Carrots and Tips have no cash value and may not be redeemed for real-world goods, services, or currency. In the event an Account is deleted or Company terminates an Account for any reason herein, Company is under no obligation to maintain any User's Gold Carrots and Tips. Use of Tips are final. Company may void or reverse Gold Carrots or Tips if Company has reason to believe such Gold Carrots or Tips were obtained through bugs, fraud, or abuse.
9. User Generated Content
By creating any User Generated Content, you hereby grant Company a nonexclusive, perpetual, irrevocable, worldwide, royalty-free, paid-up, fully transferable and sublicensable license to reproduce, modify, host, copy, display, publicly perform, create derivative works of, publicly display, transfer, or otherwise use or exploit such User Generated Content, in whole or in part, including within the Services and for any commercial, promotional, publicity, and marketing purposes.
You hereby represent that any User Generated Content you create is wholly original and you own all right, title, and interest to such User Generated Content or otherwise have the legal right and authority to integrate such User Generated Content into the Services and grant the license to Company as described herein. You further warrant that the authorized use or exploitation of the User Generated Content, will not violate any third-party rights including, without limitation, any copyright, trademarks or other intellectual property rights, privacy rights, or statutory or common law rights of publicity in any jurisdiction.
User Generated Content is screened by automated filters and may be reviewed. Company reserves the right to remove any User Generated Content that does not comply with the Agreement. Company may also remove User Generated Content that violates someone else's rights, including without limitation any trademarks, copyrights, patent rights or similar, as well as statutory and common law rights of publicity. Finally, Company may remove the following:
- User Generated Content that harasses, defames, or disparages any individual including any harassing or pejorative comments based on any individual's sex, sexual orientation, sexual preference, transgender status, gender identity, race, ethnicity, religion, or other protected class; or
- User Generated Content that may be considered misleading, fraudulent, or otherwise unlawful or that is uploaded for an illegal or unauthorized purpose.
You acknowledge and agree that a violation of this Section 9 will constitute a material breach of this Agreement and if Company discovers you violated this Section it may, in its sole discretion, suspend or revoke your access to the Services at any time without Notice.
Without limiting the foregoing, you acknowledge and agree that Company is a distributor (and not a publisher) of content supplied by third parties and users of the Services. Accordingly, Company has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any user of the Services are those of the respective author(s) or distributor(s) and not of Company.
10. Communication Services
The Site allows you to post short text updates, comments, and replies ("Communication Features"). You agree to use the Communication features only to post, send, broadcast, and receive written communications that are proper and related to the Services, and that your use of the Communication Features will be, at all times, subject to and in compliance with these Terms. You acknowledge and agree that any materials uploaded via the Communication Features may be subject to posted limitations on usage, content, reproduction and/or dissemination, and that materials uploaded via the Communication Features are screened by automated filters and may be reviewed or removed. You further acknowledge and agree that materials you upload via the Communication Features including, without limitation, all chat content, will be deemed User Generated Content.
11. Service Availability and Termination
You acknowledge and agree that:
- Company has the discretion to immediately terminate or restrict access to the Services or any portion thereof, at any time, for any reason, without Notice and without liability to you;
- Access to the Services may be interrupted for reasons within or beyond the control of Company and that Company cannot and does not guarantee you will be able to use the Services whenever you wish to do so;
- The Services may not be offered in all countries or geographic locations.
12. Electronic Communication
Each and every time you send an email or other electronic communication to Company, such communication will constitute an electronic communication. By using the Services, you consent to receive electronic communications and you agree that all agreements, Notices, disclosures and other communications that Company provides to you via electronic communication, individually and collectively, satisfy any legal requirement that such communications be in writing.
Users that are signed in to their Account may add an email address or phone number and connect a Discord account. By providing such contact information, you confirm you are at least 13 years old and that you own, or are authorized to use, any email address, phone number, or Discord account you add, and you can remove them at any time from your Account profile.
When you add a phone number or email and request a code, you consent to receive a one-time verification message to confirm the contact is yours. For SMS, message & data rates may apply.
We send promotional or marketing messages only if you give a separate, explicit opt-in. That consent is not a condition of using the Site, signing in, or verifying a contact. If you opt in, message frequency varies and, for SMS, message & data rates may apply; reply STOP to cancel or HELP for help, and every marketing email includes an unsubscribe link. You can withdraw consent at any time from your profile or via the opt-out in any message. See our Privacy Policy for how this data is handled.
13. Company Disclaimer, Limitation of Liability, and Remedies
COMPANY IS NOT A BROKER, FINANCIAL INSTITUTION, CREDITOR, INSURER OR CHARITABLE ORGANIZATION.
All information and content provided by Company through the Services is for informational and entertainment purposes only and Company does not guarantee the accuracy, completeness, or timeliness or reliability of any such information or content.
No content or information is intended to provide financial, legal, tax, or other professional advice. Before making any decisions regarding use of the Services or the purchase any other good or service, whether virtual or tangible, offered by the Services or any third party, you should consult your financial, legal, tax, or other professional advisers as appropriate. You acknowledge that you access content or information through the Services at your own risk and you are solely responsible for making the final determination as to the value and appropriateness of using the same.
USERS ARE NOT EMPLOYEES, PARTNERS, AGENTS, JOINT VENTURERS, OR FRANCHISEES OF COMPANY. COMPANY DOES NOT PROVIDE FINANCIAL SUPPORT OR ASSISTANCE TO USERS. YOU HEREBY ACKNOWLEDGE THAT COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL OR USERS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF GOOD AND WORKMANLIKE QUALITY, WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY AS TO THE VALIDITY OF ANY PATENTS OR THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.
YOU UNDERSTAND AND AGREE THAT THERE ARE RISKS INVOLVED WITH AND INHERENT TO PLAYING ANY COMPUTER GAME INCLUDING, BUT NOT LIMITED TO, MOTION SICKNESS, REPETITIVE STRESS INJURY, OR SIMILAR. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE RESPONSIBLE TO ANY USER FOR ANY PHYSICAL INJURIES, LOSS OF LIFE, DISMEMBERMENT SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF DATA, REGARDLESS OF FORESEEABILITY AND COMPANY'S MAXIMUM LIABILITY UNDER THIS AGREEMENT WILL AT ALL TIMES BE LIMITED TO A REFUND OF ANY MONIES SPENT BY AN APPLICABLE USER HEREUNDER WITHIN THE SIX (6) MONTHS PRECEDING ANY ALLEGED BREACH OF THIS AGREEMENT BY COMPANY.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN THE EVENT OF ANY BREACH OF THIS AGREEMENT BY COMPANY, YOUR REMEDIES SHALL BE LIMITED TO AN ACTION FOR DAMAGES, IF ANY AND AS LIMITED ABOVE AND IN NO EVENT SHALL YOU BE ENTITLED TO SEEK TO ENJOIN OR RESTRAIN COMPANY'S PERFORMANCE IN ANY MANNER. ACCORDINGLY, YOU EXPRESSLY AGREE THAT ANY DAMAGE TO YOU WILL NOT BE IRREPARABLE OR OTHERWISE INCALCULABLE SO AS TO ENTITLE YOU TO SEEK AND/OR OBTAIN EQUITABLE OR INJUNCTIVE RELIEF.
14. Representations and Warranties
In addition to any other representations and warranties made herein, you hereby represent and warrant that (i) you are not prohibited from receiving or using any aspect of the Services under applicable laws and (ii) Company has not previously disabled your access to the Services for a violation of the law or these Terms or other applicable agreements, terms of use, or contracts.
15. Links to Third-Party Sites, Advertising & Affiliate Links
The Services may contain links to third-party websites. The third-party websites are not under the control of Company and Company is not responsible for the contents of the same, including without limitation any link contained therein. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the website or any association with its operators.
The Site is supported by advertising and may contain sponsored and affiliate links. Banners labeled "Sponsored" are paid or affiliate placements; if you purchase through them, Company may earn a commission at no additional cost to you. Ads and links may lead to third-party websites and products that Company does not control or endorse. Your dealings with any third party, and your use of their sites, are solely between you and that third party and are subject to their own terms and policies. Company is not responsible for third-party content, products, or practices. See our Privacy Policy for how advertising cookies and related technologies are handled.
16. Device and Internet Connection
Use and access of the Services may require the use of your personal computer, laptop, tablet, or mobile device, as well as communication with or use of space on such device. You are solely responsible for all internet and/or mobile data connection and all associated fees that you incur when accessing the Services.
17. International Users
The Services are controlled, operated and administered by Company from our offices within the United States. If you access the Services from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
18. Release
You hereby agree to release Company from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs, and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Users) in connection with the Services and any content therein. In furtherance of the foregoing, you hereby waive any applicable law or statute, which says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED THE SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
19. Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and assigns from and against any and all claims, losses, costs, debt, liabilities and expenses (including, but not limited to attorney's fees) arising from (i) your misuse of and access to the Services; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, intellectual property, or privacy right; (iv) your use of or inability to use the Services; and (v) any claim that you caused damage to a third-party.
20. Dispute Resolution
IN THE EVENT OF ANY DISPUTE BETWEEN YOU AND COMPANY, YOU AGREE THAT YOU WILL CONTACT US SO THAT WE MAY ATTEMPT TO RESOLVE THE DISPUTE INFORMALLY AND YOU AGREE TO NEGOTIATE A RESOLUTION TO ANY DISPUTE FOR NO FEWER THAN SIXTY (60) DAYS PRIOR TO INITIATING ARBITRATION OR ANY OTHER MECHANISM FOR DISPUTE RESOLUTION HEREUNDER.
In the event the parties are not able to resolve any Dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then, except as provided below, the parties hereby agree to submit any Dispute they cannot resolve informally to final and binding arbitration. The arbitration will be conducted remotely unless the arbitrator believes an in-person hearing is required, in which case the location of the arbitration hearing will be determined by JAMS rules. The arbitrator will follow Wyoming law in adjudicating the Dispute. The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct, or vacate the award. Interpretations of these Terms, including determinations of unconscionability, will be determined by the arbitrator selected through this provision. The arbitrator shall determine the scope and enforceability of this agreement to arbitrate, including whether any Dispute is subject to arbitration, and shall rule on any defense raised by a party hereto that the claim(s) in question is exempt from this arbitration requirement. As part of the arbitration, the parties shall engage in the exchange and/or discovery of non-privileged information relevant to the Dispute, in accordance with JAMS rules.
The foregoing shall not apply to any claims that fall under the auspices of a small claims court of competent jurisdiction and either party may seek appropriate relief therein. The parties acknowledge and agree that any action with respect to your infringement or alleged infringement of any Intellectual Property Rights, claims that can be tried in small claims court, any action in which Company seeks equitable relief, or any other action that may not be submitted to arbitration under applicable law, including the enforcement of any ruling, shall be tried by a court of competent jurisdiction located in the State of Wyoming. For that limited purpose, you hereby consent to the jurisdiction of the State of Wyoming and agree that its laws will be used to resolve any Disputes hereunder.
21. Class Action Waiver
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
22. Access Restriction
Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this Section.
23. Severability
In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
24. Miscellaneous
Company's performance of the obligations described herein is subject to existing laws and legal process, and nothing contained in these Terms are in derogation of Company's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Company with respect to such use.
These Terms, the Privacy Policy, and any other document incorporated herein by reference constitute the entire agreement between you and Company with respect to the Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Company with respect to the Services. A printed version of these Terms and of any Notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms and all related documents be written in English.
The Terms are non-transferable, and you may not assign your rights and obligations under these Terms without the express written consent of Company.
If you have any questions regarding your use of the Services or compliance with these Terms, please contact us at legal@gag.gg.
25. Copyright Infringement Policy
Company is committed to protecting the rights of copyright rights holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property.
If you are a copyright owner or an agent thereof and believe that any User Generated Content on the Services infringes on your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our designated agent for copyright claim notifications ("Designated Agent") with the following information in writing (see 17 U.S.C. §512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works within the Services are covered by a single notification, a representative list of such works that appear within the Services;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement under penalty of perjury that the information in the notification is accurate, and you are the owner of, or authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.
Company will process any notices of alleged copyright infringement and will take appropriate actions as permitted under the DMCA. Upon receipt of notices complying with the DMCA, Company will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
The Designated Agent can be reached at: legal@gag.gg
26. DMCA Counter Claims
Company may notify the owner or administrator of the affected User Generated Content so that he or she can make a counter-notification pursuant to his or her rights under the DMCA. If you receive such a notice, you may provide counter-notification in writing to the Designated Agent. To be effective, the counter-notification must be a written communication that includes the following:
- Your 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 from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Company may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.