Terms

THIS LEGAL AGREEMENT BETWEEN YOU AND PLAYERHUB.IO GOVERNS YOUR USE OF THE PLAYERHUB.IO PLATFORM, SOFTWARE, AND SERVICES, AND WEBSITES (COLLECTIVELY REFERRED TO AS THE “PLATFORM”). IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY CLICKING “AGREE,” YOU ARE AGREEING THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE PLATFORM.

Playerhub.io is the provider of the Platform, which permits you to utilize certain Internet platforms, including storing your personal content (such as your contact information, calendars, app data, and PlayerHub.io messages) and making it accessible on your compatible devices and computers, and certain location based platforms, only under the terms and conditions set forth in this Agreement. When PlayerHub.io is enabled, your content will be automatically sent to and stored by PlayerHub.io, so you can later access that content or have content wirelessly pushed to your other PlayerHub.io-enabled devices or computers.

I. REQUIREMENTS FOR USE OF THE PLATFORM

A. Age. The Platform is only available to individuals aged 13 years or older (or equivalent minimum age in the relevant jurisdiction), unless you are under 13 years old and your PlayerHub.io ID was provided to you as a result of a request by an approved parent or guardian. We do not knowingly collect, use or disclose personal information from children under 13, or equivalent minimum age in the relevant jurisdiction, without verifiable parental consent. Parents and guardians should also remind any minors that conversing with strangers on the Internet can be dangerous and take appropriate precautions to protect children, including monitoring their use of the Platform.

To use the Platform, you cannot be a person barred from receiving the Platform under the laws of the United States or other applicable jurisdictions, including the country in which you reside or from where you use the Platform. By accepting this Agreement, you represent that you understand and agree to the foregoing.

B. Devices and Accounts. Use of the Platform may require compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. PlayerHub.io reserves the right to limit the number of Accounts that may be created from a device and the number of devices associated with an Account. The latest version of required software may be required for certain transactions or features. You agree that meeting these requirements is your responsibility.

C. Limitations on Use. You agree to use the Platform only for purposes permitted by this Agreement, and only to the extent permitted by any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. If your use of the Platform or other behavior intentionally or unintentionally threatens PlayerHub.io’s ability to provide the Platform or other systems, PlayerHub.io shall be entitled to take all reasonable steps to protect the Platform and PlayerHub.io’s systems, which may include suspension of your access to the Platform. Repeated violations of the limitations may result in termination of your Account.

D. Availability of the Platform. The Platform, or any feature or part thereof, may not be available in all languages or in all countries and PlayerHub.io makes no representation that the Platform, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Platform, you do so at your own initiative and are responsible for compliance with any applicable laws.

E. Changing the Platform. PlayerHub.io reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Platform, provided that PlayerHub.io will give you 30 days’ advance notice of any material adverse change to the Platform or applicable terms of platform, unless it would not be reasonable to do so due to circumstances arising from legal, regulatory, or governmental action; to address user security, user privacy, or technical integrity concerns; to avoid platform disruptions to other users; or due to a natural disaster, catastrophic event, war, or other similar occurrence outside of PlayerHub.io’s reasonable control. In the event that PlayerHub.io does make material adverse changes to the Platform or terms of use, you will have the right to terminate this Agreement and your account.

II. FEATURES AND PLATFORMS

I. PlayerHub.io web-only account. As a condition to accessing the Platform you agree to all relevant terms and conditions found in this Agreement, including, without limitation, all requirements for use of the Platform, limitations on use, availability, public beta, disclaimers of warranties, rules regarding your content and conduct, and termination.

J. Two-Factor Authentication and Autodialed Calls/Texts. If you choose to enable Two-Factor Authentication for your PlayerHub.io ID, you consent to (a) provide PlayerHub.io at least one telephone number; and (b) receive autodialed or prerecorded calls and text messages from PlayerHub.io at any of the telephone numbers provided. We may place such calls or texts to (i) help keep your Account secure when signing in; (ii) help you access your Account when you’ve forgotten your password; or (iii) as otherwise necessary to platform your Account or enforce this Agreement, our policies, applicable law, or any other agreement we may have with you.

IV. Your Use of the Platform

A. Your Account

As a registered user of the Platform, you must establish an Account. Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify PlayerHub.io of any security breach of your Account. You further acknowledge and agree that the Platform is designed and intended for personal use on an individual basis and you should not share your Account and/or password details with another individual. Provided we have exercised reasonable skill and due care, PlayerHub.io shall not be responsible for any losses arising out of the unauthorized use of your Account resulting from you not following these rules.

In order to use the Platform, you must enter your PlayerHub.io ID and password to authenticate your Account. You agree to provide accurate and complete information when you register with, and as you use, the Platform (“Platform Registration Data”), and you agree to update your Platform Registration Data to keep it accurate and complete. Failure to provide accurate, current and complete Platform Registration Data may result in the suspension and/or termination of your Account. You agree that PlayerHub.io may store and use the Platform Registration Data you provide for use in maintaining and billing fees to your Account.

B. Use of Other PlayerHub.io Products and Platforms

Particular components or features of the Platform provided by PlayerHub.io and/or its licensors, including but not limited to the ability to purchase items from the store, and stream live video (additional fees apply), require other license agreements or terms of use. You must read, accept, and agree to be bound by any such separate agreement as a condition of using these particular components or features of the Platform.

C. No Conveyance

Nothing in this Agreement shall be construed to convey to you any interest, title, or license in an PlayerHub.io ID, email address, domain name, message ID, or similar resource used by you in connection with the Platform.

D. No Right of Survivorship

Unless otherwise required by law, You agree that your Account is non-transferable and that any rights to your PlayerHub.io ID or Content within your Account terminate upon your death. Upon receipt of a copy of a death certificate your Account may be terminated and all Content within your Account deleted. Contact PlayerHub.io Support at https://support.PlayerHub.io.com for further assistance.

E. No Resale of Platform

You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Platform (or any part thereof) for any purpose.

V. Content and Your Conduct

A. Content

“Content” means any information that may be generated or encountered through use of the Platform, such as data files, written text, software, graphics, photographs, images, sounds, videos, messages, team information, player information, and any other like materials. You understand that all Content, whether publicly posted or privately transmitted on the Platform is the sole responsibility of the person from whom such Content originated. This means that you, and not PlayerHub.io, are solely responsible for any Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Platform. You understand that by using the Platform you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. PlayerHub.io does not control the Content posted via the Platform, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Platform and any Content is solely at your own risk.

B. Your Conduct

You agree that you will NOT use the Platform to:

a. upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;

b. stalk, harass, threaten or harm another;

c. if you are an adult, request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor’s school, church, athletic team or friends;

d. pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another PlayerHub.io user, an PlayerHub.io employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity (PlayerHub.io reserves the right to reject or block any PlayerHub.io ID or email address which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity);

e. engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;

f. post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;

g. forge any TCP-IP packet header or any part of the header information in an email or a news group posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any Content transmitted through the Platform (“spoofing”);

h. upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Platform (or any part thereof), or any other computer software or hardware;

i. interfere with or disrupt the Platform (including accessing the Platform through any automated means, like scripts or web crawlers), or any servers or networks connected to the Platform, or any policies, requirements or regulations of networks connected to the Platform (including any unauthorized access to, use or monitoring of data or traffic thereon);

j. plan or engage in any illegal activity; and/or

k. gather and store personal information on any other users of the Platform to be used in connection with any of the foregoing prohibited activities.

C. Removal of Content

You acknowledge that PlayerHub.io is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. However, PlayerHub.io reserves the right at all times to determine whether Content is appropriate and in compliance with this Agreement, and may pre-screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of this Agreement or is otherwise objectionable.

E. Access to Your Account and Content

PlayerHub.io reserves the right to take steps PlayerHub.io believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that PlayerHub.io may, without liability to you, access, use, preserve and/or disclose your Account information and Content to law enforcement authorities, government officials, and/or a third party, as PlayerHub.io believes is reasonably necessary or appropriate, if legally required to do so or if PlayerHub.io has a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of PlayerHub.io, its users, a third party, or the public as required or permitted by law.

F. Copyright Notice - DMCA

If you believe that any Content in which you claim copyright has been infringed by anyone using the Platform, please contact PlayerHub.io.io/CopyrightAgent. PlayerHub.io may, in its sole discretion, suspend and/or terminate Accounts of users that are found to be repeat infringers.

G. Violations of this Agreement

If while using the Platform, you encounter Content you find inappropriate, or otherwise believe to be a violation of this Agreement, you may report it by sending an email to abuse@PlayerHub.io

H. Content Submitted or Made Available by You on the Platform

1. License from You. Except for material we may license to you, PlayerHub.io does not claim ownership of the materials and/or Content you submit or make available on the Platform. However, by submitting or posting such Content on areas of the Platform that are accessible by the public or other users with whom you consent to share such Content, you grant PlayerHub.io a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content on the Platform solely for the purpose for which such Content was submitted or made available, without any compensation or obligation to you. You agree that any Content submitted or posted by you shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. By submitting or posting such Content on areas of the Platform that are accessible by the public or other users, you are representing that you are the owner of such material and/or have all necessary rights, licenses, and authorization to distribute it.

2. Changes to Content. You understand that in order to provide the Platform and make your Content available thereon, PlayerHub.io may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices or computers. You agree that the license herein permits PlayerHub.io to take any such actions.

3. Trademark Information. PlayerHub.io, the PlayerHub.io logo, PlayerHub.io.io,, the PlayerHub.io logo and other PlayerHub.io trademarks, platform marks, graphics, and logos used in connection with the Platform are trademarks or registered trademarks of PlayerHub.io Inc. in the US and/or other countries. A list of PlayerHub.io’s trademarks can be found here - https://www.PlayerHub.io.com/legal/trademark. Other trademarks, platform marks, graphics, and logos used in connection with the Platform may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Platform.

VI. Software

A. PlayerHub.io’s Proprietary Rights. You acknowledge and agree that PlayerHub.io and/or its licensors own all legal right, title and interest in and to the Platform, including but not limited to graphics, user interface, the scripts and software used to implement the Platform, and any software provided to you as a part of and/or in connection with the Platform (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Platform (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Platform in compliance with this Agreement. No portion of the Platform may be reproduced in any form or by any means, except as expressly permitted in these terms.

B. License From PlayerHub.io. THE USE OF THE SOFTWARE OR ANY PART OF THE PLATFORM, EXCEPT FOR USE OF THE PLATFORM AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

C. Public Beta. From time to time, PlayerHub.io may choose to offer new and/or updated features of the Platform (the “Beta Features”) as part of a Public Beta Program (the “Program”) for the purpose of providing PlayerHub.io with feedback on the quality and usability of the Beta Features. You understand and agree that your participation in the Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and PlayerHub.io, and that PlayerHub.io is not obligated to provide you with any Beta Features. PlayerHub.io may make such Beta Features available to Program participants by online registration or enrollment via the Platform. You understand and agree that PlayerHub.io may collect and use information from your Account, devices and peripherals in order to enroll you in a Program and/or determine your eligibility to participate. You understand that once you enroll in a Program you may be unable to revert to the earlier non-beta version of a given Beta Feature. In the event such reversion is possible, you may not be able to migrate data created within the Beta Feature back to the earlier non-beta version. Your use of the Beta Features and participation in the Program is governed by this Agreement and any additional license terms that may separately accompany the Beta Features. The Beta Features are provided on an “AS IS” and “AS AVAILABLE” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. You expressly acknowledge and agree that all use of the Beta Features is at your sole risk. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR PARTICIPATION IN ANY PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACKUP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. PlayerHub.io may or may not provide you with technical and/or other support for the Beta Features. If support is provided it will be in addition to your normal support coverage for the Platform and only available through the Program. You agree to abide by any support rules or policies that PlayerHub.io provides to you in order to receive any such support. PlayerHub.io reserves the right to modify the terms, conditions or policies of the Program (including ceasing the Program) at any time with or without notice, and may revoke your participation in the Program at any time. You acknowledge that PlayerHub.io has no obligation to provide a commercial version of the Beta Features, and that should such a commercial version be made available, it may have features or functionality different than that contained in the Beta Features. As part of the Program, PlayerHub.io will provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Beta Features. You agree that in the absence of a separate written agreement to the contrary, PlayerHub.io will be free to use any feedback you provide for any purpose.

D. Export Control. Use of the Platform and Software, including transferring, posting, or uploading data, software or other Content via the Platform, may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software or Platform, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software or Platform for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You further agree not to upload to your Account any data or software that is: (a) subject to International Traffic in Arms Regulations; or (b) that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software and source code, without first obtaining that authorization. This assurance and commitment shall survive termination of this Agreement.

E. Updates. From time to time, PlayerHub.io may update the Software used by the Platform. In order to continue your use of the Platform, such updates may be automatically downloaded and installed onto your device or computer. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software.

VII. Termination

A. Voluntary Termination by You

You may delete your PlayerHub.io ID and/or stop using the Platform at any time. To terminate your Account and delete your PlayerHub.io ID, contact PlayerHub.io Support at https://support.PlayerHub.io.com/contact. If you terminate your Account and delete your PlayerHub.io ID, you will not have access to other PlayerHub.io products and platforms with that PlayerHub.io ID. This action may be non-reversible. Any fees paid by you prior to your termination are nonrefundable (except as expressly permitted otherwise by this Agreement), including any fees paid in advance for the billing year during which you terminate. Termination of your Account shall not relieve you of any obligation to pay any accrued fees or charges.

B. Termination by PlayerHub.io

PlayerHub.io may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your Account and/or access to the Platform. Cause for such termination shall include: (a) violations of this Agreement or any other policies or guidelines that are referenced herein and/or posted on the Platform; (b) a request by you to cancel or terminate your Account; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where provision of the Platform to you is or may become unlawful; (e) unexpected technical or security issues or problems; (f) your participation in fraudulent or illegal activities; or (g) failure to pay any fees owed by you in relation to the Platform, provided that in the case of non-material breach, PlayerHub.io will be permitted to terminate only after giving you 30 days’ notice and only if you have not cured the breach within such 30-day period. Any such termination or suspension shall be made by PlayerHub.io in its sole discretion and PlayerHub.io will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Platform. In addition, PlayerHub.io may terminate your Account upon 30 days’ prior notice via email to the address associated with your Account if (a) your Account has been inactive for one (1) year; or (b) there is a general discontinuance of the Platform or any part thereof. Notice of general discontinuance of platform will be provided as set forth herein, unless it would not be reasonable to do so due to circumstances arising from legal, regulatory, or governmental action; to address user security, user privacy, or technical integrity concerns; to avoid platform disruptions to other users; or due to a natural disaster, a catastrophic event, war, or other similar occurrence outside of PlayerHub.io’s reasonable control. In the event of such termination, PlayerHub.io will provide you with a pro rata refund of any pre-payment for your then-current paid term.

C. Effects of Termination

Upon termination of your Account you may lose all access to the Platform and any portions thereof, including, but not limited to, your Account, PlayerHub.io ID, and Content. In addition, after a period of time, PlayerHub.io will delete information and data stored in or as a part of your account(s). Any individual components of the Platform that you may have used subject to separate software license agreements will also be terminated in accordance with those license agreements.

VIII. Links and Other Third Party Materials

Certain Content, components or features of the Platform may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because PlayerHub.io may have no control over such third party sites and/or materials, you acknowledge and agree that PlayerHub.io is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that PlayerHub.io shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources.

IX. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

PLAYERHUB.IO SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE PLATFORM. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY.

PLAYERHUB.IO DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME PLAYERHUB.IO MAY REMOVE THE PLATFORM FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE PLATFORM IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PLAYERHUB.IO AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, PLAYERHUB.IO AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE PLATFORM WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE PLATFORM WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE PLATFORM WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE PLATFORM WILL BE CORRECTED.

PLAYERHUB.IO DOES NOT REPRESENT OR GUARANTEE THAT THE PLATFORM WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND PLAYERHUB.IO DISCLAIMS ANY LIABILITY RELATING THERETO.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE PLATFORM IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE PLATFORM COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

LIMITATION OF LIABILITY

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY PLATFORM PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

PLAYERHUB.IO SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE PLATFORM. THE FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A) PLAYERHUB.IO’S FAILURE TO USE REASONABLE SKILL AND DUE CARE; (B) PLAYERHUB.IO’S GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; OR (C) DEATH OR PERSONAL INJURY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PLAYERHUB.IO AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR PLATFORMS, OR OTHER INTANGIBLE LOSSES (EVEN IF PLAYERHUB.IO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

1. THE USE OR INABILITY TO USE THE PLATFORM
2. ANY CHANGES MADE TO THE PLATFORM OR ANY TEMPORARY OR PERMANENT CESSATION OF THE PLATFORM OR ANY PART THEREOF;
3. THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
4. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE PLATFORM;
5. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; AND
6. ANY OTHER MATTER RELATING TO THE PLATFORM.

INDEMNIFICATION

You agree to defend, indemnify and hold PlayerHub.io, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from:

1. any Content you submit, post, transmit, or otherwise make available through the Platform;
2. your use of the Platform;
3. any violation by you of this Agreement;
4. any action taken by PlayerHub.io as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred;
5. or your violation of any rights of another. This means that you cannot sue PlayerHub.io, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any information or Content, to warn you, to suspend or terminate your access to the Platform, or to take any other action during the investigation of a suspected violation or as a result of PlayerHub.io’s conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the Platform. You acknowledge that you are responsible for all use of the Platform using your Account, and that this Agreement applies to any and all usage of your Account. You agree to comply with this Agreement and to defend, indemnify and hold harmless PlayerHub.io from and against any and all claims and demands arising from usage of your Account, whether or not such usage is expressly authorized by you.

X. GENERAL

A. Notices

PlayerHub.io may provide you with notices regarding the Platform, including changes to this Agreement, by email to email address associated with your Account if provided, SMS, by regular mail, or by postings on our website and/or the Platform.

B. Governing Law

Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and PlayerHub.io shall be governed by the laws of the State of Delaware, excluding its conflicts of law provisions. You and PlayerHub.io agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Delaware, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Platform from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

C. Entire Agreement

This Agreement constitutes the entire agreement between you and PlayerHub.io, governs your use of the Platform and completely replaces any prior agreements between you and PlayerHub.io in relation to the Platform. You may also be subject to additional terms and conditions that may apply when you use affiliate platforms, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of PlayerHub.io to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.

D. “PlayerHub.io” as used herein means:

PlayerHub.io Inc., located at 300 Delaware Avenue Suite 210-A, Wilmington DE 19801, County of New castle.

ELECTRONIC CONTRACTING

Your use of the Platform includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS PLATFORM, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.