SAMETABLE GAMES(“SAMETABLE”) TERMS OF SERVICE
Last Updated: February 3, 2018

These terms of service and our Privacy Policy which is incorporated herein by reference (collectively, “Terms of Service”) govern the relationship between you and SameTable LLC or any of its parents, subsidiaries, and affiliates (collectively, “SameTable” or “we” or “us”) relating in any way to your use of our mobile game(s) known as “Gun Gladiators” and “QwikMatch (“Applications”), including its chat and communications features, our blog, and all other content and related services (including online services) that SameTable makes available through the Applications and/or on SameTable’s websites, including but not limited to sametablegames.com (collectively, the “Game”).

SECTION 14 OF THESE TERMS OF SERVICE CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL.

We reserve the right to modify these Terms of Service from time to time by posting updated versions in the Game, sending you a notice to the e-mail address We have on file, or otherwise notifying you of changes through the Game. Unless we state otherwise, changes are effective when we post or notify you of them or thirty (30) days after they are posted in the Game, whichever is earlier. By continuing to use the Game thereafter, you agree to the changes and the updated Terms of Service. We will not enforce future material changes without your express agreement to them.

1. Your Acceptance of these Terms of Service.

These Terms of Service form a legal agreement between you and SameTable. When you use the Game, you agree to be bound by all of the terms, conditions and restrictions in these Terms of Service. Please read them carefully.

You acknowledge that you have downloaded the Game for free, and while there may be additional content available for purchase within the Game (“In-App Purchases”), such In-App Purchases are entirely voluntary and not required to participate in or advance within the Game.

2. License and Account.

2.1 License. Subject to your continuing compliance with these Terms of Service and SameTable’s policies as published by SameTable from time to time, SameTable grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Game for your own non-commercial entertainment purposes. You agree not to use the Game for any other purpose.

2.2 Account. Within the Game, you may create an account with us by providing a username and/or email address and a password (“Credentials”). We may also allow you to create a Game account through third party social networks or services (such as the App Store, Google Play, or Facebook) with whom you maintain an account (a “Third Party Service”). If you download the Game and/or create an account through a Third Party Service, you may be subject to additional terms and conditions provided by those Third Party Services, including their privacy policies with regard to their collection and use of your data.

You shall not share your account or your Credentials, nor let anyone else access your account or do anything else that might jeopardize the security of your account. You are solely responsible for maintaining the confidentiality of your Credentials, and you will be solely responsible for all uses of your Credentials, including any purchases, loss of In-App Purchases or other in-Game items, or other changes to your account and/or Game status, whether or not authorized by you. SameTable is not responsible for anything that happens through or to your account and/or Game status as a result of you allowing any third party to access your Credentials and/or account.

SameTable reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.

3. No Children.

The Game is intended for users over 13 years of age. You may not download or play the Game if you are under 13 years of age. If we learn that a user under 13 years of age is using the Game despite this restriction, we will immediately delete their account and all personal information we have related to their account.If you are under the age of majority where you live you may not use the Game unless your parent or legal guardian has reviewed and agreed to these Terms of Service.

4. No Transfer of Accounts or Virtual Items.

Your account is for your personal use only. You specifically agree not to: (1) share your account credentials with anyone else, (2) sell, offer to sell, rent, lease, trade or otherwise transfer your account, (3) sell, offer to sell, rent, lease, trade or otherwise transfer any “Gold” or other virtual currencies, game resources, in-game services like “speed-ups,” or other in-game items associated with your account (collectively, “Virtual Items”), except by using mechanisms within the Game that anticipate and specifically allow for the non-commercial transfer of Virtual Items, (4) buy, offer to buy, accept, access or use any other user’s account or Virtual Items, except by using mechanisms within the Game that anticipate and specifically allow for the non-commercial transfer of Virtual Items, (5) link to or otherwise endorse or identify any websites, organizations, or persons that sell, offer to sell, rent, lease, buy, offer to buy, accept, access, trade or otherwise transfer accounts or Virtual Items, and (6) create or permit to exist an interest or arrangement of any kind, which in substance secures the payment of money or performance of any obligation or gives a creditor priority over unsecured creditors, over any of your rights with respect to the Game, your Game account or Virtual Items.

You acknowledge that any actual or attempted transfers of Game accounts or Virtual Items in violation of this Section, including but not limited to transfers in exchange for money or other compensation, are void and breach these Terms of Service, and that we have no responsibility to assist you in connection with completing any such transaction. We may terminate or suspend your account and/or your right to access or use the Game if we discover or reasonably believe that you have attempted to buy, sell, rent, lease, license, or transfer your Game account or associated In-Game Items, or used or accessed an account or Virtual Items transferred by another user, or linked to or otherwise endorsed or identified any websites, organizations, or persons that attempt to buy, sell, rent, lease, license, or transfer accounts or Virtual Items in violation of this Section.

5. Intellectual Property Rights in the Game.

Except for the limited license granted herein, we and our licensors retain all right, title and interest in and to the Game, including all content made available through the Game and the technology and software used to provide the Game. The Game is protected by copyright, trademark and other laws. We and our licensors may actively protect our intellectual property rights in the event you violate these Terms of Service (including by seeking injunctive relief). In addition, you agree not to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us. If you provide us with any suggestions for enhancement or feedback regarding the Game or any of our other products or services, you agree that we will have a perpetual, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use such suggestions and feedback, including by incorporating your suggestions or feedback in the Game, without any obligation to compensate you.

6. Code of Conduct.

You agree to comply with the following requirements (our "Code of Conduct") when you use the Game:

You will comply with your obligations to third party mobile platform providers, such as Apple and Google, from whom you download the Game, including any terms regarding payment for In-App Purchases made through such platforms.

You will not attempt to obtain Credentials or access another player’s account, collect or harvest personal information from other users.

You will not to disrupt or attempt to disrupt the Game or any other person’s use or enjoyment of the Game.

You will not attempt to gain unauthorized access to the Game, to accounts registered to others, or to networks from which portions of the Game are provided, including by circumventing or bypassing robot exclusion headers or security mechanisms for the Game.

You will not exploit, distribute or publicly inform other users of any Game error, miscue or bug which provides for an unintended advantage or allows impersonation of another person, including by use of automated collection mechanisms such as clear graphics interchange formats ("gifs"), cookies, or similar technology.

You will not exploit differences in pricing for In-App Purchases or Virtual Items (e.g., through arbitrage) by sending altered, deceptive, or false source-identifying information, including but not limited to, by use of a proxy or spoofed IP addresses or VPNs, or by requesting that someone else make In-App Purchases or purchase In-Game Items on your behalf in order to take advantage of a difference in pricing.

You will not harass, threaten or bully any other player, nor post or submit any abusive, threatening, bullying, harassing, obscene, defamatory, offensive, pornographic or illegal content, or content that infringes or violates the rights of someone else, or impersonate any other person. Racist, bigoted, or sexist behavior is expressly prohibited. You will not advocate, promote, encourage, or otherwise facilitate any illegal behavior, including but not limited to the use of illegal drugs, unlawful gambling or theft.

You will not use the Game for any unauthorized commercial purpose, including but not limited to commercial advertisement or solicitation (such as chain letters, junk e-mail, “spam,” or other repetitive messages), or gathering or transferring Virtual Items for sale.

You will only use the Game on your own behalf. You shall not use the Game or perform in-Game services for payment, such as leveling up or item collection services.

You will not use or design cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with the Game experience.

You will not remove or obscure any proprietary notices within the Game.

You will not use any service or software that accesses, intercepts, mines, or otherwise collects information from the Game or that is in transit from or to the Game.

You will not make any automated use of the Game, or take any action that imposes an unreasonable burden on our infrastructure.

You will not use any software, technology, or device to send content or messages, scrape, spider, or crawl the Game, or harvest or manipulate data from the Game.

You will not override any security feature or restrictions on use of the Game that we may implement.

You will not improperly use our support services, including by submitting false reports.

Except where permitted by law or relevant open source licenses, you will not modify, reverse engineer, decompile, disassemble, decipher or otherwise try to derive the source code or copy, modify, or distribute the content of the Game.

If you fail to comply with this Code of Conduct, your account may be suspended and terminated, and we may pursue all legal remedies available to us.

7. Your Interactions.

You are solely responsible for your interactions with other players with whom you interact through the Game. SameTable reserves the right, but has no obligation, to become involved in any way with any disputes concerning the Game. You agree to fully cooperate with us to investigate any suspected unlawful, fraudulent or improper activity, including without limitation granting SameTable access to any portion of your account. We are not responsible for monitoring the Game for inappropriate or illegal communications by other users.

If you live in California, by consenting to these Terms of Service you waive California Civil Code section 1542, which says:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Being aware now of this code section, you expressly waive and relinquish all rights and benefits which you may have had thereunder which were existing up until the moment you consented to these Terms of Service. Moreover, you also expressly waive any other similarly statute or common law principle of similar effect to California Civil Code section 1542.

8. User Content.

The Game includes features by which users can submit or upload content to the Game, including without limitation chat and messaging utilities and the ability to select profile names and names for certain Virtual Items (collectively, “User Content”). In addition, if you create a Game account via a Third Party Service or otherwise “link” content associated with your Third Party Service account to your account for the Game, your User Content includes any information or content provided to us by that Third Party Service. You represent that you have all rights and permissions necessary to submit User Content to us (including, with respect to photographs, written consent from each identifiable person therein), that your User Content is accurate, and that your User Content is not subject to any confidentiality obligations or in violation of the Code of Conduct. In addition, you represent and warrant that any User Content submitted by you does not violate or infringe upon any copyright, right of privacy, trademark, patent, trade-name, performing right or any literary, dramatic, musical, athletic, personal, private, civil, contract, or property right or any other right of any person, firm, or corporation, or contain any libelous, slanderous material, or material that violates any local, state, or federal law, rule, or regulation.

You grant us a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to publish, reproduce, distribute, and otherwise use your User Content in any media now known or hereafter developed, at any time or times, without compensation to you. To the extent permitted by applicable law, you waive any moral rights you may have in your User.

We are not under any obligation to pre-screen or monitor any User Content supplied by other users. Each user is responsible for his or her User Content, and we expressly disclaim any warranty with respect to User Content. However, we reserve the right to block, remove or edit User Content, in our discretion, for any reason whatsoever.

9. Your Personal Data.

Our Privacy Policy explains how we collect, use and share information about you and your use of our services, including your personal data. You agree that the Privacy Policy applies to you and that we can collect, use and/or disclose your personal information in accordance with the Privacy Policy (including store, process and/or transfer your personal information to the locations referred to in the Privacy Policy). You should carefully review the Privacy Policy and, if you do not agree with it, you must not use the Game.

By downloading or using the Game, you also acknowledge and accept that we may contact you for advertising and marketing purpose. You may opt out of receiving these messages at any time.

10. Virtual Items; Payments; Ownership.

The Game may allow you to find and earn Virtual Items. You may also use real money to purchase a license to use certain Virtual Items. Purchased Virtual Items are subject to the payment terms and conditions of the mobile platform from which you make your purchase. SameTable does not control or manage the payment process; please review the relevant terms and conditions with the applicable platform provider before making any Virtual Items.

You agree that you have no ownership interest in your Game account or any Virtual Items associated with your account, regardless of whether you earned or purchased such Virtual Items. You agree that Virtual Items, including any virtual currency, are for personal non-commercial entertainment purposes, have no independent value outside of the Game, may not be redeemed for any cash value, and is simply a measurement of your limited license.

ALL SALES ARE FINAL. YOU ACKNOWLEDGE THAT NEITHER WE NOR ANY MOBILE PLATFORM PROVIDER IS REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW. IN THE EVENT THAT YOU DO NOT RECEIVE AN VIRTUAL ITEM THAT YOU PROPERLY PURCHASED THROUGH A PLATFORM PROVIDER, YOU MAY REQUEST A REFUND DIRECTLY FROM THAT PLATFORM PROVIDER SUBJECT TO THEIR REFUND POLICY.

11. Termination and Suspension.

You may terminate or suspend your account at any time, for any reason or no reason, by issuing an in-game message or by sending an email to customersupport@sametablegames.com[Jason to set up. ] with the subject entitled “Termination” or “Suspension.”

We reserve the right to investigate, suspend or discontinue (i) your account for any reason and (ii) the Game or any part of it at any time, including any features, game elements and Virtual Items and revoke any and all licenses provided to you under these Terms of Service. WE MAY, IN OUR SOLE DISCRETION, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE GAME OR ANY PORTION OF IT, AND PROHIBIT ACCESS TO THE GAME AND THE CONTENT, SERVICES AND TOOLS AVAILABLE THROUGH THE GAME, OR DELAY OR REMOVE USER CONTENT.

We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. If your account is terminated, certain provisions of this Agreement will apply after such termination, including Section 14’s mandatory arbitration provision and class action waiver.

12. Disclaimer; Limitation of Liability.

THE GAME IS PROVIDED "AS IS," AND USE OF THE GAME IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE GAME OR ANY CONTENT OR SERVICES MADE AVAILABLE THROUGH THE GAME, AND WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AVAILABILITY. SAMETABLE DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE GAME AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR OUR SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE THAT, EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, WE WILL NOT BE LIABLE TO YOU FOR: (1) ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (2) AN AMOUNT IN EXCESS OF $100 OR THE AMOUNTS YOU HAVE PAID US FOR THE GAME DURING THE 6 MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO LIABILITY, WHICHEVER IS GREATER; OR (3) THE CONDUCT OF THIRD PARTIES, INCLUDING THIRD PARTY SITES OR MOBILE PLATFORM PROVIDERS OR OTHER PLAYERS OF THE GAME. Certain state and national laws do not allow some of the exclusion of liability or the warranty disclaimers set forth above. Therefore, the above limitations and disclaimers may not apply to you, and you may have additional rights.

13. Indemnity.

If you misuse the Game, violate the law, or violate these Terms of Service, and your violation results in loss or damage or a claim or liability against us, you agree to indemnify, defend and hold us harmless from (which means you agree to compensate us for) that loss, damage, claim or liability, including our legal fees and expenses. We may take exclusive charge of the defense of any legal action for which you are required to indemnify us under this section, at your expense. You agree to cooperate in our defense of these actions. We will use reasonable efforts to notify you of any claim for which you are obligated to indemnify us. This section will apply even if you stop using the Game or your account is deleted.

14. Agreement to Arbitrate; Class Action Waiver.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND INCLUDES WAIVER OF A TRIAL BY JURY IN A COURT AND OF THE ABILITY TO BRING ANY CLAIM ON BEHALF OF OTHERS.

Overview

This Section 14 (i.e., the “Agreement to Arbitrate”) applies to the maximum extent permitted by applicable law. If the laws of your jurisdiction prohibit the application of provisions of this Section 14 notwithstanding Section 15 below, those prohibited provisions will not apply to you.

In the event of any controversy or claim arising out of or relating to these Terms, including any question about your use of the Game or any related services, the parties shall mutually attempt to reach a satisfactory solution. Most user concerns can be resolved by contacting our customer support team at [EMAIL] In the unlikely event that we are unable to resolve your concerns and a dispute remains, we each agree to resolve any dispute between us through binding arbitration or small claims court instead of in courts of general jurisdiction.

Agreement to Arbitrate; Exceptions

If we cannot resolve our dispute through customer support, YOU AND WE AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION. This Agreement to Arbitrate is intended to be interpreted broadly, and applies to all legal claims under any legal theory (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory), and applies to any disputes or claims that you assert or that arise even after you stop using or delete your account for the Game, stop using the Game, or delete the Game application from your mobile device. You and we agree that the arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of the terms or formation of these Terms of Service, including whether any dispute between us is subject to this Agreement to Arbitrate and whether all or any part of these terms are invalid. YOU UNDERSTAND THAT YOU AND WE ARE GIVING UP THE RIGHT TO SUE IN COURT AND THE RIGHT TO HAVE A TRIAL BEFORE A JUDGE OR JURY.

This Section 14, however, does not apply to the following types of claims or disputes, which you or we may bring in court in accordance with Section 15 below:

(1) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief including claims relating to or contesting the validity of our property rights without limitation, trademarks, service marks, copyrights, or trade secrets; and

(2) claims for preliminary injunctive relief for violations of sections 4 and 6 herein.

This Section does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you. Also, any of us can bring a claim in small claims court either in Santa Clara County, California or the county where you live, or some other place we both agree on, if such claims meets all the requirements to be brought in that court.

The Federal Arbitration Act applies to this Section 14. The arbitration will be governed by the Consumer Arbitration Rules (the “Rules”) of the American Arbitration Association (“AAA”) (including Rule 1(g) of those Rules that provides for arbitration through the submission of documents only/desk arbitration where no disclosed claims or counterclaims exceed $25,000), as modified by these Terms of Service. The Rules are available at http://www.adr.org. The arbitrator will be bound by these Terms of Service.

To start an arbitration proceeding, use the form on AAA’s website (www.adr.org) or call the AAA at 1-800-778-7879.

For non-US Users

In the event of any controversy or claim arising out of or relating to these Terms, including any question regarding its existence, validity, termination or breach thereof, the parties will mutually attempt to resolve the dispute. If we cannot reach settlement within a period of 60 days, then, upon notice by any party to the other(s), any unresolved controversy or claim shall be settled by arbitration administered by the International Centre for Dispute Resolution (“ICDR”) (www.icdr.org) in accordance with the provisions of its International Arbitration Rules. The place of arbitration shall be in London, England. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of SameTable. The European Union also operates an online dispute resolution platform which can be found at www.ec.europa.eu/consumers/odr.

Class Action Waiver

For disputes arising between SameTable and you, or any other user, that are subject to this Agreement to Arbitrate, you and we agree that we can only bring a claim against each other on an individual basis. NEITHER YOU NOR WE CAN BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. THE ARBITRATOR CANNOT COMBINE MORE THAN ONE PERSON’S CLAIM INTO A SINGLE CASE, AND CANNOT PRESIDE OVER ANY CONSOLIDATED, CLASS, OR REPRESENTATIVE ARBITRATION PROCEEDING, UNLESS WE BOTH AGREE OTHERWISE IN WRITING. THE ARBITRATOR’S DECISION OR AWARD IN ONE PERSON’S CASE CAN ONLY AFFECT THE PERSON WHO BROUGHT THE CLAIM, NOT OTHER USERS OF THE GAME, AND CANNOT BE USED TO DECIDE DISPUTES WITH OTHERS.

If a court decides that this “Class Action Waiver” subsection is not enforceable or is invalid, then Section 14 shall cease to have effect, however, the remaining portions of the Terms and Conditions will remain in full force and effect.

YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.

Service of Process

To initiate arbitration or any legal proceeding against SameTable, you must serve initiating documents on SameTable’s registered agent for service of process at: XXX.

Changes to this Section 14

Notwithstanding any provision in these Terms to the contrary, we agree that if we make any future change to this Section 14, you may reject any such change by sending us written notice within 30 days of the change to: legal@sametablegames.com.

15. Applicable Law.

You agree that these Terms of Service shall be deemed to have been made and executed in the State of California, U.S.A., without regard to conflict of law provisions or principals.

For any claim not brought under Section 14: Arbitration, all legal claims shall be commenced and maintained exclusively in any state or federal court located in Santa Clara County, California. The prevailing party will be entitled to attorneys’ fees and expenses.

For non-US Users

You agree that these Terms of Service shall be governed by the laws of England, excluding the law of conflicts and the Convention on Contracts for the International Sale of Goods (CISG). However, where the laws of England provide a lower degree of consumer protection than the laws of your country of residence, the consumer protection laws of your country shall prevail. The prevailing party will be entitled to attorneys’ fees and expenses.

16. Third Party Promotions and Links.

The Game may contain advertisements and other promotional content from third parties, including links to third party websites or vendors (collectively "Third Party Content"), some of which may invite you to participate in promotional offers in return for receiving optional services and/or Virtual Items. Some of these Third Party Content may charge separate fees, which are not included in any fees that you may pay to us. Any separate charges or obligations you incur in your dealings with such third parties are your responsibility. We make no representation or warranty regarding any content, goods and/or services contained in such Third Party Content and will not be liable for any claim relating thereto. We exercise no control over Third Party Content, and SameTable has no responsibility for their content, goods, services, performance, operation, availability, business practices or policies. If you decide to interact with any Third Party Content, you do so entirely at your own risk. Third Party Content including third party websites are subject to their own terms and policies, including privacy and data gathering practices.

17. Ownership; Trademarks and Copyrights.

All rights, title and interest in and to the Game (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, and recordings of games) are owned by SameTable. SameTable reserves all rights, including without limitation all intellectual property rights or other proprietary rights in connection with the Game.

The trademarks “SameTable,” “Gun Gladiator,” “QwikMatch” and logos associated with each of the foregoing, are trademarks of SameTable, and all trademarks, logos and service marks (collectively, "Marks") displayed on or in the Game are either our property or the property of third parties. Similarly, all artwork and other protectable expression in the Game are either our property or the property of third parties and protected by copyright law. Marks, artwork, images, music, and any other protectable expression may not be copied, imitated or used without written permission from the owner.

18. Digital Millennium Copyright Act (“DMCA“) Notice.

In the United States, SameTable responds to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When SameTable receives a valid DMCA notification (“Notice”), it will respond expeditiously to such Notice, as well as to any Counter Notice (discussed below) received.

If you believe your copyright is being infringed, you can help us deal with your complaint as efficiently as possible if your notice conforms to the procedures set out in the DMCA (as described below). However, please note that compliance with DMCA formalities is not mandatory to notify us of any copyright infringement.

To Submit a Notice:

If you believe that in-Game content infringes on your copyright, you must submit a written notification to SameTable either by email or written letter (regular mail or courier). The Notice must include the following:

An identification of the copyright you claim has been infringed (i.e., your copyrighted material);

A description of the nature and exact location of the content you claim infringes your copyright with enough detail that SameTable may find it;

Your name, address, telephone number, and email address;

A statement that you have a “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”;

A statement that “the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and

A physical signature of the copyright owner or a person authorized to act on their behalf. To satisfy the signature requirement, please designate electronic signatures by typing a forward slash before and after your name (e.g., /Jane Doe/).

Send the written Notice to the designated Copyright Agent at SameTable by emailing us at legal@SameTableGames.com or by sending the Notice to:

SameTable LLC Attn: Legal [ADDRESS]

To Submit a Counter Notice:

Under the DMCA, a Counter Notice is a legal means to state your objection to a DMCA Notice. If you have received a DMCA Notice from SameTable, or have been otherwise advised by SameTable that your account was the subject of a DMCA Notice, and you dispute that your material is infringing or believe that the material removed or disabled was as a result of a mistake or misidentification of the material to be removed or disabled, you may submit a Counter Notice.

19. Electronic Signatures

You acknowledge and agree that by agreeing to this Agreement electronically that you are expressly agreeing to the terms set forth herein. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the terms of this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY SameTable.

20. Notice for California Users

Under California Civil Code Section 1789.3, users of the Website from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. SameTable may be contacted in writing at SameTable LLC, ADDRESS

21. Miscellaneous.

Except as otherwise expressly set forth in these Terms of Service, in the event that any provision of these Terms of Service shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of these Terms of Service shall remain in full force and effect. These Terms of Service constitute and contain the entire agreement between you and us with respect to the subject matter hereof and supersedes any prior oral or written agreements. You agree that these Terms of Service are not intended to confer and do not confer any rights or remedies upon any person other than the parties to these Terms of Service.

If we provide a translated version of these Terms of Service or any other terms or policy incorporated or referenced in these Terms of Service, it is for informational purposes only, and the English language meaning will apply.

If we do not enforce a provision of these Terms of Service, that does not waive our right to do so later. And, if we do expressly waive a provision of these Terms of Service, that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by both you and us to be legally binding.

We may notify you via postings on WEBSITE, or via e-mail or via any other contact information you provide to us. Except as otherwise expressly provided herein, all notices given by you or required from you under these Terms of Service or the SameTable Privacy Policy shall be in writing and addressed to: SameTable LLC. Attn: Legal ADDRESS + EMAIL Any notices that you provide that do not comply with these requirements shall have no legal effect.

To the extent permitted by applicable law, SameTable shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of SameTable, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond SameTable’s control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, failures of communication networks, failures of the Game as a result of DDOS attacks or other malicious behavior, or shortages of transportation facilities, fuel, energy, labor or materials.

SameTable reserves the sole and exclusive right to assign any or all of its rights and obligations under this Agreement, in whole or in part, to any party at any time without any notice. This Agreement may not be assigned by you, and you may not delegate your duties under them.

For EU Users Only:

If you reside in the European Union, you acknowledge that you will no longer have the right to cancel under the EU's Consumer Rights Directive (or implementing legislation in the country where you are located) once we start to supply you with the In-Game Item.

22. Contact Information.

This website and Game are operated and provided by SameTable LLC. If you have any questions, comments or concerns regarding our Privacy Policy and/or practices, please send an e-mail to legal@sametablegames.com.