QWIKMATCH TERMS OF SERVICE

 

Last Updated June 17, 2018

 

Welcome to QwikMatch! We believe in keeping it as easy to understand as possible for our users. So here’s the rules as simple as we can make them for you:

  1. We own QwikMatch, including all the logos, software code, features, and content we provide (such as all the games you can play using QwikMatch). And all those copyrights, trademarks, patents and trade secrets that make up QwikMatch.
  1. You own your data, your messages, and any content you upload to QwikMatch. But we can use your images, your profile, your information, your messages, etc. to help us improve and market QwikMatch. For more information on how we handle your data, you can read our Privacy Policy. We tried to keep that simple too.
  1. Everything you post is public, so don’t share anything you wouldn’t want your mother or the government to see. Be careful what links you click on. We’re not responsible for what happens when you click on a link that isn’t provided and hosted by QwikMatch.
  1. You are responsible for what happens under your account. Be smart with your account. Don’t share your login information and passwords with anyone you don’t trust because if they do something, you’re still responsible for it.
  1. Be good to each other. No racism, sexism, hate speech, promoting violence, guns, drugs, pornography, and other prurient content. Don’t stalk or harass other users. We want people to feel safe sharing their information and identity on QwikMatch, but that means everyone being responsible about keeping the community safe, open, and friendly.
  1. You must be at least 13 to use QwikMatch. If we find out you’re under 13, we’re going to have to terminate your account. Sorry. Come back after your birthday!
  1. We reserve the right to boot anyone from the app if they violate these Terms or Service or the Privacy Policy. If you encounter another user who isn’t playing by the rules, you can reach us at [email protected]. We’ll investigate and take what we consider appropriate action.
  1. You can’t buy anything on QwikMatch (yet), so if someone offers you something for sale, it isn’t from us.
  1. Don’t steal other people’s copyrights and post them on QwikMatch without their permission. If you think someone has taken your copyrighted material and shared it without your permission or passed it off as their own, get in touch with us at [email protected] so we can investigate. Please include details such as the copyrighted work in question, the name of the person, and any other information that can help us out.
  1. Don’t try to hack QwikMatch. Don’t use bots on QwikMatch. Don’t upload malware to QwikMatch. Don’t try to circumvent our security measures (but if you find something, tell us at [email protected]. We love White Hats!). Don’t reverse engineer QwikMatch or try to modify it. Seriously. Just have fun.

The Serious Legal Stuff:

  1. Indemnity. If you misuse QwikMatch, violate the law, or violate these Terms of Service or the Privacy Policy, 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 QwikMatch or your account is deleted.
  1. Disclaimer; Limitation of Liability. QWIKMATCH IS PROVIDED "AS IS," AND USE OF QWIKMATCH 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 QWIKMATCH OR ANY CONTENT OR SERVICES MADE AVAILABLE THROUGH QWIKMATCH, 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 QWIKMATCH AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT QWIKMATCH WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT QWIKMATCH OR OUR SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  2. 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 QWIKMATCH 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 USERS OF QWIKMATCH. 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.

  1. Dispute Resolution. 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.
    1. This Section 13 (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 13 notwithstanding Section 14 below, those prohibited provisions will not apply to you.
    2. In the event of any controversy or claim arising out of or relating to these Terms, including any question about your use of QwikMatch 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 protected]. 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.

    3. 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 QwikMatch, stop using QwikMatch, or delete QwikMatch 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.
    4. This Section 13, however, does not apply to the following types of claims or disputes, which you or we may bring in court in accordance with Section 14 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 the Terms of Service or the Privacy Policy.

      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.

    5. he Federal Arbitration Act applies to this Section 13. 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 or call the AAA at 1-800-778-7879.
    6. For non-US Users.
      1. 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 for EU users or Singapore for Non-EU users. 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.
      2. 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 13 shall cease to have effect, however, the remaining portions of the Terms and Conditions will remain in full force and effect.
    7. 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.
    8. 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: SameTable Games, Attn: Legal, PO Box 6623, 135 W. 25th Ave, San Mateo, CA 94403-9991.
    9. Changes to this Section 13. Notwithstanding any provision in these Terms to the contrary, we agree that if we make any future change to this Section 13, you may reject any such change by sending us written notice within 30 days of the change to: [email protected].
  1. Governing Law. These Terms of Service are governed under applicable California and United States law. All disputes not subject to the arbitration provision in Section 13 shall be heard in the state and federal courts located in Santa Clara County, California. 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.
  1. 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 our 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, PO Box 6623, 135 W. 25TH Ave., San Mateo, CA 94403-9991 and [email protected]. 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 QwikMatch 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 these Terms of Service, in whole or in part, to any party at any time without any notice. These Terms of Service may not be assigned by you, and you may not delegate your duties under them.