FIBER GAMING NETWORK TERMS OF SERVICE

Last Updated: October 12, 2023

Acceptance and Agreement to Terms of Service

Welcome to Fiber Gaming Network. We provide a platform for our internet service provider partners to engage with and provide event and content access to gamers, streamers, tournament attendees, and spectators.

We also provide a platform for the purchase of event registrations, merchandise and other goods and services to help support events and content. All such purchases are subject to the terms of sale presented at checkout.

The following terms of service ("Terms of Service") are entered into by and between you and Fiber Gaming, LLC, d/b/a Fiber Gaming Network ("Company," "we," "us" or “our”) and govern your and each of your Authorized User’s (defined below) access to and use of www.fibergamingnetwork.com, including any content, functionality, and services offered on or through such website, and any other website or application on which these Terms of Service appear (collectively, the "Site"). References to “you” in these Terms may also include any “Authorized Users”. Your use of the Site is subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by us. Certain services offered by us on or through the Site may be subject to separate terms of use, in which case, we will let you know what terms will apply to those services.

The content, games and streams available through the Site, along with all other elements of the Site including its features, functionality, user interface, software, and all associated mobile application(s), user communications, website(s) and other technology platforms are collectively referred to in these Terms of Service as the “Services.” We may at any time change or discontinue any aspect or feature of the Services, including, but not limited to, content, hours of availability, and equipment needed for access or use. You agree that we will not be liable to you or any third party for any modification or discontinuance of the Services.

PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE YOU START TO USE THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU, ON BEHALF OF YOURSELF AND YOUR AUTHORIZED USERS: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER OR YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR 13 YEARS OF AGE OR OLDER; AND (C) ACCEPT THESE TERMS OF SERVICE AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE OR THE SERVICES.

THESE TERMS OF SERVICE INCLUDE (A) AN ARBITRATION PROVISION; (B) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST THE COMPANY; (C) CERTAIN DISCLAIMERS OF WARRANTIES ON BEHALF OF THE COMPANY; (D) CERTAIN LIMITATIONS OF LIABILITY FOR THE BENEFIT OF THE COMPANY; AND (E) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST THE COMPANY ARISING OUT OF DISPUTES BETWEEN YOU AND THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SERVICES. BY ACCESSING THE SITE AND USING ANY OF THE SERVICES, YOU AGREE TO THESE PROVISIONS.

If any provision of these Terms of Service is determined by a court to be unlawful, void or for any reason unenforceable, then that provision is deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

Eligibility to Use the Services

You must meet the following criteria to use the Services: (a) reside within the United States or Canada; and (b) be at least eighteen (18) years old. If you are below eighteen (18) years old but at least thirteen (13) years old, you may use the Services only as an Authorized User of a parent or legal guardian’s Account.

To access the Services, you must register and set up an account with us (“Account”). To set up an Account, you must have an active subscription plan with an active third party internet service provider partner of the Company (a “Subscription”). You are responsible for all charges incurred in connection with your Subscription. If your Subscription is not current or you have unpaid amounts with your internet service provider, your Account may be suspended or terminated, or such other action may be taken based on the terms of your Subscription. Cancellation or termination of your Subscription will result in termination of your Account. We are not responsible for the acts or omissions of your internet service provider.

By setting up an Account, you agree that: (a) all information provided by you as required by the registration form (the "Registration Data") is true, accurate, current and complete and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all of your current or future use of the Services (or any portion thereof).

You will have the option to create up to four (4) authorized user profiles on your Account (each, an “Authorized User”). We may further limit the maximum number of Authorized Users you can add or that can simultaneously use the Services. Authorized Users are limited to members of your household aged thirteen (13) years or older. We recommend that parents and guardians familiarize themselves with parental controls available on devices they provide to their child and accompany their child if 13 years of age but under 18 years of age when online. Additionally, some of the content on the Services may not be appropriate for individuals under 18 years of age. By allowing your minor child to access your Account and use the Services, you represent and warrant that you are the parent or legal guardian of each minor child accessing the Account and that you have the authority to consent to these Terms of Service, for yourself and each Authorized User, including any Authorized User who is a minor child. You are responsible for all activity by each Authorized User and for any other activity under your Account.

By using or accessing any part of the Services, you acknowledge that you and any Authorized User have not been previously banned, blocked, or suspended from the Services.

Your Account will function as the “master account” for all Authorized Users. EACH AUTHORIZED USER’S VIEWING ACTIVITY MAY BE ACCESSIBLE TO YOU AS THE ACCOUNT HOLDER, INCLUDING GAMES AND STREAMS, PARENTAL CONTROLS AND ANY CHANGES TO THE AUTHORIZED USER SETTINGS. IT IS YOUR RESPONSIBILITY TO INFORM EACH AUTHORIZED USER OF THIS FEATURE.

As part of the Account registration process, you will provide a login email address and create a password. You are responsible for maintaining the confidentiality of the password, and are fully responsible for all activities that occur under your Account, including, without limitation, all actions by Authorized Users. You agree to (a) immediately notify us of any unauthorized use of your password or Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with these requirements or from any unauthorized access to or use of your Account. In the event of any dispute between two or more parties as to account ownership, you agree that we shall be the sole arbiter of such dispute in its sole discretion and that our decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.

Geographic Restrictions

The Site and the Services are intended for use by residents of the United States and Canada. We make no claims that the Site, the Services or any content on the Site is accessible or appropriate outside of the United States and Canada. Access to the Site and the Services may not be legal by certain persons or in certain countries. You may only use the Site and the Services if you reside in a jurisdiction that permits you to access the Site and the Services, and you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Site or the Services. If you access the Site or the Services from outside the United States and Canada, you do so on your own initiative and are responsible for compliance with local laws.

System Requirements

To use the Services, you will need to use a computer or other device that meets the Services’ system and compatibility requirements (which we may update from time to time). You are responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of the Services. Features and functionalities that we make available through the Services may differ by device. Please check the requirements periodically, as we may change or stop support of any hardware or software platforms at any time. In order to access the Services, you need a high-speed internet connection for your compatible device. You are responsible for any costs associated with your internet service. Your use of the Services may count toward your data usage, depending on the terms of your agreement with your internet service provider. From time to time the Services may be unavailable for any reason, including, without limitation: (a) equipment malfunctions; (b) our periodic maintenance procedures or repairs; or (c) causes beyond our control or that we cannot reasonably foresee. In addition, on a regular basis, we test various aspects of the Services, including but not limited to features and functionality that may result in individualized variations to our offers, messaging and user interface.

Updates to Site and Services

We may make updates and changes to the Site and Services for various reasons, including but not limited to the following to: (i) alter the structure, design or layout of the Services, including re-branding, or amending, improving and/or expanding the features and functionalities available on the Site; (ii) modify the list of compatible devices and software (including to remove support for the Services on certain older device types, models, operating systems or categories that are no longer compatible); (iii) maintain the operability of the Services; (iv) improve security and anti-piracy parameters; or (v) ensure compliance with applicable laws.

Changes to the Terms of Service

Supplemental terms of use or documents that may be posted to the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications (“Modifications”) to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Service and you waive any right to receive specific notice of each such change. In certain circumstances we may provide you with additional notice of such Modifications, via email or with in-Service notifications. Except for Modifications to the Agreement to Arbitrate, Modifications will be effective thirty (30) days following the "Last updated" date or such other date as communicated in any other notice to you, except that changes addressing new functions of the Services or which do not impose any additional burdens or obligations on you will be effective immediately. It is your responsibility to check these Terms of Service periodically for Modifications. Your continued use of the Services following the effectiveness of any Modifications to these Terms of Service constitutes acceptance of those Modifications. If any Modification to these Terms of Service is not acceptable to you, you must cease accessing, browsing and otherwise using the Services.

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, fees, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

Language

The English language version of each of these documents is the version that governs your use of the Services and in the event of any conflict between the English language version and any translated version, the English language version will control.

Your privacy is important to us. All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Intellectual Property Rights

You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content contained in or delivered via the Services or otherwise made available by us in connection with the Services (collectively, "Site Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. We may own the Site Content or portions of the Site Content may be made available to us through arrangements with third parties. Except as expressly authorized by us in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without our express prior written permission. You shall use the Site Content only for purposes that are permitted by these Terms of Service and any applicable laws, rules and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.

These Terms of Service permit you to use the Site and the Services for your personal, non-commercial use only.

Our company name and logo and all related Company names, logos, designs, and slogans are our trademarks. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Third Party Materials

The Site may display, include, or make available third-party content (including data, information, applications, images, media, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising, and may also include content posted by other users of this Site ("Third-Party Materials"). You acknowledge and agree that we are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Your Content

You acknowledge and agree that if you or any Authorized User contributes, provides, or makes available any content to the Site, including, but not limited to, photographs, names, logos, gamertags and messages ("Your Content"), you automatically grant to the Company an unlimited, non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, transferable, sublicensable (through multiple tiers) right and license to host, use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display, archive, store and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. Without limiting the generality of the foregoing, you agree that we may use your or any Authorized User’s name, gamertag (if provided) and logo (whether or not you have made it available through the Site) for the purpose of identifying you or any Authorized User as an existing or past user of the Company both on the Site and in marketing and promotional materials.

When you contribute, provide or make available any of Your Content to the Site, you thereby represent and warrant that:

you have all the rights, power and authority necessary to grant the foregoing license;
you are the creator and owner of Your Content and Your Content does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
your Content is not false, inaccurate, or misleading;
your Content is not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
your Content is not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us);
your Content does not ridicule, mock, disparage, intimidate, or abuse anyone;
your Content does not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another;
your Content does not violate the privacy or publicity rights of any third party;
your Content does not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner;
your Content does not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
your Content does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap; and
your Content does not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law, rule or regulation (foreign or domestic).

We do not assert any ownership over Your Content. You retain full ownership of Your Content and any intellectual property rights or other proprietary rights associated with Your Content. We are not liable for any statements or representations in Your Content. You are solely responsible for Your Content and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding Your Content.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any of Your Content; and (2) to pre-screen or delete any of Your Content at any time and for any reason, without notice. We have no obligation to monitor Your Content.

We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Communications made using the Services should not be considered private. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content.

Streaming Content

We provide a platform by which live and pre-recorded videos of video game related activities may be streamed or otherwise broadcasted to viewers. These broadcasts are transacted through online streaming services (e.g., Twitch, YouTube, etc.) or other third-party streaming services, and are bound by the applicable terms of use governing these streaming services.

Your Use of the Services

Unless otherwise expressly agreed in writing by us, you are granted only a limited, non-exclusive, terminable, non-sublicensable and non-transferable license (i.e. a personal and limited right) to access and use the Site and the Services for your own personal use only, provided that, you acknowledge and agree that you do not acquire any ownership rights in or to the Site or the Services by accessing or otherwise using the Site or the Services. This license is subject to these Terms of Service and does not include any right to do any of the following: (a) any resale or commercial use of the Services; (b) the distribution, public performance or public display of the Services; (c) modifying, publishing, transmitting, participating in the transfer or sale of, creating or otherwise making any derivative uses of the Services, or any portion of them, or in any other way exploiting any of the Services, in whole or in part; (d) using any data mining, robots or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the Services, except as expressly permitted on the Services; or (f) any use of the Services. Unless explicitly stated in these Terms of Service, nothing in these Terms of Service shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles. The license granted to you under these Terms of Service may be terminated by us at any time, in our sole discretion. All rights not expressly granted in these Terms of Service are hereby expressly reserved by us.

You shall use the Service for only lawful purposes and in compliance with these Terms of Service and any other rules or requirements posted on the Site. The Service may include interactive areas or services, such as chat boxes or web forums, in which you or other users may create, post or store content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials on the Service. You are solely responsible for your use of such interactive services and shall use them at your own risk.

We offer you the opportunity to participate in certain online competitions and tournaments. You will not be required to pay us a fee to participate in any online competitions and tournaments offered by us through the Services, and no cash prizes or other tangible items of value will be awarded to you in connection with any online competitions and tournaments offered by us through the Services. If you participate in such online competitions and tournaments, as a condition to participating in such online competitions and tournaments, you may be required to acknowledge and agree to separate rules governing such online competitions and tournaments. Certain conditions of eligibility to compete in the online competitions and tournaments that differ from the eligibility requirements to use the Services may apply. Additional eligibility requirements may be disclosed in connection with each online competition and tournament. If you do participate in a competition or tournament for which you are ineligible, we have the right to suspend or terminate your Account and refuse any and all of your current or future use of the Services.

You understand that, when using the Services, you will be exposed to content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you should not use the Services. We do not pre-screen or endorse any third-party content and are not responsible or liable under any circumstances for such content.

Prohibited Conduct

By accessing or using the Site or the Services, you agree not to violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct while accessing or using the Site or the Services. You agree, on behalf of yourself and your Authorized Users, that you will not:

use the Services for any purposes except as otherwise expressly permitted by these Terms of Use;
rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted in these Terms of Service or any content;
post, upload, or distribute any defamatory, libelous, or inaccurate content;
impersonate any person or entity, falsely claim an affiliation with any person or entity, access the Services accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Services, or commit or attempt to commit any fraudulent activity with respect to the Site, the Services or users of the Site or Services;
delete the copyright or other proprietary rights notices on the Site, the Site Content or within the Services;
make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Services, including, without limitation, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities;
harvest or collect the email addresses or other contact information of other users of the Services;
use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy and any laws regarding the export of data or software to and from the U.S. or other countries;
defame, harass, abuse, threaten or defraud users of the Services, or collect, or attempt to collect, personal information about users or third parties without their consent;
remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site or the Services, features that prevent or restrict use or copying of any content accessible through the Site or the Services, or features that enforce limitations on the use of the Site or the Services;
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or the Services or any part thereof;
modify, adapt, translate or create derivative works based upon the Services or any part thereof;
intentionally interfere with or damage operation of the Site or Services or any user's enjoyment of the Site or Services, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
relay email from a third party's mail servers without the permission of that third party;
use any robot, spider, scraper, crawler or other automated means to access the Site or the Services for any purpose or bypass any measures we may use to prevent or restrict access to the Site or the Services;
manipulate identifiers in order to disguise the origin of any content transmitted through the Site or the Services;
interfere with or disrupt the Site or the Services or servers or networks connected to the Site or the Services, or fail to comply with any requirements, procedures, policies or regulations of any networks connected to the Site or the Services;
use the Site or the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or the Services, or that could damage, disable, overburden or impair the functioning of the Site or the Services in any manner;
use or attempt to use another user's account without authorization from that user and the Company;
attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Site or the Services that you are not authorized to access;
attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose.
upload, create, or share content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law or regulation;
upload, create, or share content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
upload, create, or share content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
upload, create, or share private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
upload, create, or share viruses, corrupted data or other harmful, disruptive or destructive files; and
upload, create, or share content that, in our judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Site or the Services or which may expose us or our users to any harm or liability.

The above are examples of prohibited conduct. They are not intended to be exhaustive. Any conduct by you that, in our sole discretion, restricts or inhibits any other user from using or enjoying the Services will not be permitted.

We take no responsibility and assume no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Services is at your own risk. Enforcement of the user content or conduct rules set forth in these Terms of Service is solely at our discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site or the Services will not contain any content that is prohibited by such rules. As a provider of interactive services, we are not liable for any statements, representations or content provided by our users in any public forum, personal home page or other area. We do not endorse any user content or any opinion, recommendation or advice expressed therein, and we expressly disclaim any and all liability in connection with user content. Although we have no obligation to screen, edit or monitor any of the content posted by users or third parties in any area, we reserve the right, and have absolute discretion, to remove, screen or edit any content posted or stored on the Site or the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any of Your Content you post or store on the Site or the Services at your sole cost and expense. Any use of the Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Site or the Services.

Enforcement; Termination

Enforcement

We have the right to:

take any action with respect to any of Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that Your Content violates these Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for us;
disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; or
terminate or suspend your access to all or part of the Site or the Services, for any or no reason, including without limitation, any violation of these Terms of Service.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, SERVICE PROVIDERS AND INTERNET SERVICE PROVIDER PARTNERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Termination

We may, in our sole and absolute discretion, terminate your password, accounts (or any part thereof) and or your right to use the Site or Services, and remove and discard any and all of Your Content within the Site or Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due to us, or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. You agree that any termination of your right to use the Site or the Services may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account, your passwords, and all of Your Content and the files related to your account and or bar any further access to the Site, the Services, Your Content and the files related to your account. Further, you agree that we shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Site or the Services. All provisions of these Terms of Service that by their nature should survive termination of your right to use the Site or the Services shall survive (including, without limitation, all intellectual property protections and licenses, disclaimers of warranties, limitations on liability, releases and indemnification obligations).

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that the Site or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND THE SERVICES OR ANY ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, SITE CONTENT, THE SERVICES AND ANY ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, SITE CONTENT, THE SERVICES OR ANY ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, THE SERVICES OR ANY ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY SITE CONTENT OR CONTENT ON SUCH OTHER WEBSITES, OR THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

In consideration of being permitted to access and use the Services, you hereby agree to indemnify, defend and hold harmless the Company and its affiliates, and each of its and their respective employees, officers, directors, agents, co-branders, partners, licensors, successors and assigns from all claims, damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, awards, penalties, fines, costs and expenses of every kind and nature, including attorneys’ fees and expenses, known and unknown, arising out of or in any way connected with: (a) disputes between you and third parties in connection with the Services, your access and use of the Services, or any events listed thereon; (b) any actual or alleged breach of these Terms of Service; (c) any negligent or wrongful conduct; (d) your use, misuse and/or access of the Site or the Services; (e) a violation by you of any applicable law; (f) any content you post, store or otherwise transmit in or through the Site or the Services; or (g) your violation of the rights of any third party.

You will cooperate as fully and as reasonably required in our defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without our written consent.

Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM UNDER THESE TERMS OF SERVICE OR WITH RESPECT TO THE SERVICES WILL BE SETTLED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT (TO THE EXTENT THE CLAIM QUALIFIES) AND WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY; CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATIONS AND CIVIL ACTIONS ARE NOT PERMITTED ONCE THIS SECTION IS EFFECTIVE.

If you have a question or concern about the Services, please contact us first. Our customer support team will try to answer your question or resolve your concern.

Agreement to Arbitrate

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 15 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration.

To the extent permitted by applicable law, any Dispute relating to these Terms of Service or use of the Site or Services shall be subject to final and binding arbitration resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. For more information about the AAA and its applicable arbitration rules, procedures and fees, visit http://www.adr.org/ or phone the AAA at 800-778-7879. Any such Dispute shall be brought solely by you as an individual and not as part of, or as a representative of, a class. Any arbitration relating to these Terms of Use shall be held in Richland County, South Carolina. The AAA rules will govern payment of arbitration fees. The losing party, as determined by the arbitrator, will pay all costs and fees associated with arbitration. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. By virtue of this agreement to arbitrate, you acknowledge that you are waiving any right to sue in court, and that arbitration is your sole, final and binding remedy to resolve disputes.

The federal or state courts of Richland County, South Carolina shall have exclusive jurisdiction and venue over: (i) the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or class wide arbitration; (ii) any action concerning the enforcement of an arbitration award; or (iii) if arbitration is not permitted by law, then any Dispute you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise.

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING AND MAY ONLY PROVIDE RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM.

YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE.

Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. Any legal suit, action, or proceeding under (a) through (c) above shall be instituted exclusively in the federal courts of the United States or the courts of the State of South Carolina in each case located in Richland County, Florida. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Modifications to this Section

We will provide 60 days' notice of any Modifications to this Agreement to Arbitrate. Modifications will become effective on the 60th day and will apply prospectively only to any claims arising after the 60th day.

Limitation of Time to File Claims

ANY DISPUTE YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Governing Law

These Terms of Use are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule.

Notices

We may provide you with notice by any means, including (without limitation) via email, postings on the Site and changes to this Agreement. The Services may also provide notices of changes to these Terms of Service or other matters by displaying notices or links to notices to you generally on the Services. Notices emailed to you will be deemed given and received when the email is sent. If you don’t consent to receive notices electronically, you must stop using the Services. A notice that we give is deemed given even if it is intercepted by your spam filter and not actually read. Notices sent to us pursuant to any section of this Agreement shall be deemed duly served and effective only on actual receipt by us.

If you wish to contact us or deliver any notice, you can do so as follows:

Attn: Fiber Gaming Network, LLC

4222 Ivy Hall Drive

Columbia, SC 29206

USA

Email: jon@fibergamingnetwork.com

Miscellaneous

These Terms of Service and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, and any assignment attempted to be made in violation of these Terms of Service shall be void. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Site or Services.

You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration.

Digital Millenium Copyright Act (DMCA) Notice and Policy

Notifications

We respect the intellectual property rights of others, if you believe that any material available on or through the Website infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”).

A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Website infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identify in sufficient detail the copyrighted work that you believe has been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identify the material that you claim is infringing the copyrighted work listed in #2 above and that is to be removed or access disabled, and information reasonably sufficient to permit us to locate the material;
Provide information reasonably sufficient to permit us to contact you, including a name, address, telephone number and email address;
If possible, provide information sufficient to allow us to notify the owner/administrator of the allegedly infringing content;
Include the following statements:

“I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”

“I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Please note that a copy of this legal notice will be forwarded to the person who provided the allegedly infringing content.

Counter Notification

If you believe your own copyrighted material has been removed from the Website as a result of a mistake or misidentification, you may submit a written counter notification to our Designated Copyright Agent using the contact information provided below (a “Counter Notification”).

To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:

Identify the specific URLs or other unique identifying information of material that we have removed or to which we have disabled access.

Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located and that you accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Include the following statement:

“I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled and will no longer be shown.”

Sign the notice.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.

Designated Copyright Agent

Fiber Gaming, LLC

Attn: Robert Gilbert

4222 Ivy Hall Drive

Columbia, SC 29206

Email: jon@fibergamingnetwork.com

Your Comments and Concerns

This website is operated by Fiber Gaming, LLC d/b/a Fiber Gaming Network, 4222 Ivy Hall Drive, Columbia, SC 29206.

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: jon@fibergamingnetwork.com.