Conditions d'utilisation

Terms of Use Introduction; Your Agreement to These Terms of Use Use of slike by minors and blocked people Privacy Notice Account Use of Devices and Services Modification of these Terms of Use License User Content Promotional content Prohibited behavior Simultaneous broadcast Advertisements Recommendations Respect for copyright Trademarks Third-party content Submission of ideas Termination Disputes Miscellaneous Contact details Requests for information and court orders Definitions “Platform”: Refers to both the mobile application and the website operated under [App and Website Name]. “User”: Any individual accessing or using the Platform. “Licensee”: Any entity granted a license to operate and monetize the Platform within a specified country or territory. “Content”: Videos, images, text, and other media uploaded by users. “Licensor”: The owner and developer of the Platform, Slike Interactive, Inc. Introduction: Your Agreement to These Terms of Use PLEASE READ THESE TERMS OF USE CAREFULLY. THIS AGREEMENT BINDING ON YOU. Welcome to the services operated by slike Interactive, Inc. (collectively with its affiliates “slike” or “we”), which include the website available at https://www.slike.com and its network of websites, software and any other products or services offered by slike (the “slike services”). Other services offered by slike may be subject to separate terms. Slike services provide a social network for sports video content accessible through both a mobile application (the “App”) and a website (the “Website”). By accessing or using any part of the Platform, you agree to these Terms and Conditions (“Terms”). If you do not agree, please refrain from using the Platform. These Terms apply to: End Users: Individuals accessing the App and/or Website. Licensees: Entities licensed to operate the Platform in specific territories. By using the slike Services, you will be subject to the slike Community Guidelines and other guidelines and rules posted on the slike Services that are made available to you or communicated to you in connection with specific services and features that may be offered to you. slike may also offer certain paid services, which are subject to the slike Terms of Sale and any additional terms disclosed to you in connection with those services. All such terms and guidelines (the “Guidelines”) are incorporated into these Terms of Use by reference. The Terms of Use apply whether you are a user who creates an account with the slike Services or a user without an account. You agree that by clicking "Register" or registering for, downloading, using or accessing the slike Services, you are entering into a legal agreement between you and slike regarding your use of the slike Services. You acknowledge that you have read, understood and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access or use any of the slike Services. When you use or open a slike account on behalf of a company, entity or organization (collectively, "Subscribing Organization"), you represent and warrant that you: (i) are an authorized representative of the Subscribing Organization with the authority to bind such organization to these Terms of Use and grant the permissions set forth herein; and (ii) accept these Terms of Use on behalf of the Subscribing Organization. Use of slike by minors and blocked people The slike Services are not available to individuals under the age of 13. If you are between the ages of 13 and the age of legal majority in your country of residence, you may use the slike Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. The slike Services are also not available to users who have already been excluded from the slike Services by slike, or to any person who is prohibited from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or any applicable laws of any other jurisdiction. BY DOWNLOADING, INSTALLING OR USING THE slike SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OLD, OR, IF YOU ARE BETWEEN 13 YEARS OLD AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF USE, AND THAT YOU HAVE NOT PREVIOUSLY BEEN OPT-OUT OF OR PROHIBITED FROM RECEIVING THE slike SERVICES. Privacy Slike values your privacy. Please review our Privacy Notice for information about how we collect, use, and disclose your personal information and our Privacy Choices for information about how you can manage your privacy online when using the slike Services. Slike is committed to protecting user data and maintaining compliance with relevant data privacy laws. You agree to: Provide any required notices and obtain necessary consents for Slike to process personal data according to the Privacy Notice. Maintain the confidentiality and security of user data you access through Slike Services. Report any security breaches or data incidents involving user data to Slike immediately. Slike reserves the right to restrict or suspend access to the Services if data protection violations are suspected. By using the Slike Services, you agree to comply with all applicable local, national, and international laws and regulations, including but not limited to: Data protection and privacy laws (e.g., General Data Protection Regulation “GDPR” if you are in the European Economic Area, or the California Consumer Privacy Act “CCPA” if applicable). Export control laws and economic sanctions. Advertising and consumer protection regulations. Intellectual property laws. You also agree not to use the Slike Services in any way that violates these laws or encourages others to do so. Slike is committed to protecting user data and maintaining compliance with relevant data privacy laws. You agree to: Provide any required notices and obtain necessary consents for Slike to process personal data according to the Privacy Notice. Maintain the confidentiality and security of user data you access through Slike Services. Report any security breaches or data incidents involving user data to Slike immediately. Slike reserves the right to restrict or suspend access to the Services if data protection violations are suspected. Account Account and password In order to open an account, you will be asked to provide us with certain information such as an account name and password. You are solely responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. If you allow others to use your account login information, you agree to these Terms of Use on behalf of all others who use the Services under your account or password, and you are responsible for all activities that occur under your account or password. Please ensure that the information you provide to slike during registration and at all other times is true, accurate, current and complete to the best of your knowledge. Unless expressly authorized in writing by slike, you may not sell, rent, transfer, share, or otherwise provide access to your account to anyone else, including, without limitation, charging anyone for access to administrator rights to your account. slike reserves all legal rights and remedies available to prevent unauthorized use of the slike services, including, but not limited to, technological barriers, IP mapping, and, in severe cases, contacting your Internet Service Provider (ISP) directly regarding such unauthorized use. Third Party Accounts slike may allow you to register and log in to slike services through certain third-party services. The collection, use and disclosure of your information by a third party will be subject to the privacy policy of that third-party service. You can find more information about how slike collects, uses and discloses your personal information when you link your slike account to your account on a third-party service in our Privacy Notice. Use of Devices and Services Access to the slike Services may require use of your personal computer or mobile device, and communications or use of space on those devices. You are responsible for all third-party internet or mobile phone charges incurred when accessing the slike Services. Modification of these Terms of Use Slike may modify any of these Terms of Use by posting the modified terms and updating the "Last Modified" date above. If you continue to use slike Services after the effective date of the amended Terms of Service means you accept the terms. For residents of the European Union, European Economic Area, United Kingdom or Switzerland acting as a customer (i.e. for a purpose that may be considered outside your trade, craft or profession) (“Customer”) and who have registered for a slike account, slike will provide reasonable notice of changes to these Terms of Use. To the extent permitted by applicable law, your failure to cancel your agreement to use the slike Services under these Terms of Use prior to their effective date will be deemed your consent to the amended terms. Where required by applicable law, slike will request your consent to the amended Terms. License The slike Services are owned and operated by slike. Unless otherwise indicated, all content, information and other materials on the slike Services (excluding User Content, as defined in Section 8 below), including, without limitation, slike trademarks and logos, visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, images, data, audio files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by applicable intellectual property rights and laws and relevant intellectual property rights. All Materials are the property of slike, its subsidiaries or affiliates, or third party licensors. Unless otherwise expressly stated in writing by slike, by accepting these Terms of Use, you are granted a limited, non-assignable and non-transferable license (i.e., a personal and limited right) to access and use the slike Services for your personal or internal business use only. Slike reserves all rights not expressly granted in these Terms of Use. This license is subject to these Terms of Use and does not permit you to engage in any of the following activities: (a) the resale or commercial use of the slike Services or the Materials; (b) the distribution, public performance or public display of the Materials; (c) the modification or other derivative use of the slike Services or the Materials, or any portion thereof; (d) the use of any data mining, robots, or similar data gathering or extraction methods; (e) the downloading (other than page caching) of any portion of the slike Services or the Materials or any information contained therein, except as expressly permitted on the slike Services; or (f) any use of the slike Services or the Materials except for their intended purpose. Any use of the slike Services or Materials, except as expressly permitted in these Terms of Use, without the prior written permission of slike is strictly prohibited and may violate intellectual property rights or other laws. Except as expressly provided in these Terms of Use, nothing in these Terms of Use shall be construed as conferring any license to any intellectual property rights, whether by estoppel, implication, or other legal theory. slike may terminate this license as described in Section 17. User Content Slike allows you to stream live and pre-recorded audiovisual works, use services such as chat, forums, wiki contributions, interactive voice services, and engage in other activities in which you may create, post, transmit, perform, or store content, messages, text, audio, images, applications, code, or other data or materials on the slike Services ("User Content"). You must ensure that any content you submit, upload, or otherwise make available on Slike Services: Does not infringe the copyrights, trademarks, or other intellectual property rights of third parties. Complies with Slike's Community Guidelines and other applicable policies. Respects the privacy rights of individuals whose data or images may be included. Slike reserves the right to remove any content that violates these terms and to take legal action if necessary. Slike License Unless otherwise provided in a written agreement between you and slike signed by an authorized representative of slike, if you submit, transmit, display, perform, publish or store User Content using the slike Services, you grant slike and its sublicensees, to the extent and for the maximum term permitted by applicable law (including in perpetuity if permitted by applicable law) an unrestricted, worldwide, irrevocable, sublicensable, non-exclusive, royalty-free right to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (including, without limitation, for promoting and redistributing all or any portion of the slike Services (and derivative works thereof) in any form, format, media or media channels now known or later developed or discovered; and (b) use the name, identity, likeness and voice (or other biographical information) of slike in any form, format, media or media channels now known or later developed or discovered; and that you submit in connection with such User Content. slike may exercise these rights in connection with the monetization of the slike Services. If such User Content contains the name, identity, likeness and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses to use such features and that slike and its sublicensees are authorized to use them to the extent set forth in these Terms of Use. With respect to User Content referred to as “add-ons,” “maps,” “mods,” or other types of projects submitted through CurseForge.com or similar sites (“Submitted Projects”), the rights you grant hereunder terminate once you remove or delete such Submitted Projects from the slike Services. You also acknowledge that slike may retain, but not display, distribute, or perform, server-based copies of Submitted Projects that have been removed or deleted. With respect to live streaming of live and pre-recorded audiovisual works, the rights you grant hereunder terminate once you delete such User Content from the slike Services, or generally by terminating your account, except: (a) to the extent that you have shared it with others in connection with the slike Services and other copied or stored portions of the User Content (for example, to make a Clip); (b) if slike has used it for promotional purposes; (c) for the reasonable duration necessary to delete backup and other systems; or (d) slike is required under applicable law to retain it. Representations and Warranties Regarding User Content You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that: (1) you are the creator of the User Content or you otherwise own or control sufficient rights and authority to grant the rights granted herein; (2) your User Content (a) does not and will not infringe, violate or inappropriately misappropriate the rights of any third party, including any copyright, trademark, patent, trade secret, moral right, right of privacy, right of publicity or any other intellectual property or proprietary right, or (b) will not or will not defame any other person; (3) your User Content does not contain any viruses, adware, spyware, worms, or any other harmful or malicious code; and (4) unless you have received prior written permission, your User Content specifically does not contain any pre-release or non-public beta software or game content, or any confidential information of slike or any third party. slike reserves all rights and remedies against any user who breaches these representations and warranties. Content is downloaded at your own risk. Slike uses reasonable security measures to attempt to protect User Content from unauthorized copying and distribution. However, slike does not guarantee that User Content will not be copied, used or distributed by third parties. To the extent permitted by applicable law, you agree that slike will not be liable for any unauthorized copying, use or distribution of User Content by third parties, and you forever waive any claim you may have against slike for any unauthorized copying or use of User Content, regardless of theory. THE SECURITY MEASURES INTENDED TO PROTECT USER CONTENT USED BY slike ARE PROVIDED AND USED “AS IS” AND WITHOUT ANY WARRANTY, CONDITION, ASSURANCE OR PROVISION THAT SUCH SECURITY MEASURES WILL RESIST ATTEMPTS TO EVADE THE SECURITY MECHANISMS OR THAT THERE WILL BE NO BREACHES, INACITIES OR OTHER CIRCUMVENTIONS OF SUCH SECURITY MEASURES. However, slike does not guarantee that User Content will not be copied, used or distributed without permission by third parties. To the extent permitted by applicable law, you agree that slike shall not be liable for any unauthorized copying, use or distribution of User Content by third parties and you forever waive any claim you may have against slike for any unauthorized copying or use of User Content, regardless of theory. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SECURITY MEASURES INTENDED TO PROTECT USER CONTENT USED BY slike HEREIN ARE PROVIDED AND USED “AS IS” AND WITHOUT ANY WARRANTY, CONDITION, ASSURANCE OR OTHER CONDITION THAT SUCH SECURITY MEASURES WILL RESIST ATTEMPTS TO CIRCUMVENT THE SECURITY MECHANISMS OR THAT THERE WILL BE NO HACKS, DISABLEMENTS OR OTHER CIRCUMVENTIONS OF SUCH SECURITY MEASURES. Promotions Users may promote, administer or conduct a promotion (e.g., a contest or sweepstakes) on, through or using the slike Services (a “Promotion”), provided that, where applicable, you comply with the following rules: (1) You may conduct promotions to the extent permitted by applicable law and you are solely responsible for ensuring that any promotion complies with all applicable laws, requirements and restrictions; (2) You will be classified as the promoter of your Promotion in the applicable jurisdiction(s) and you will be solely responsible for all aspects of and expenses related to your Promotion, including, without limitation, the execution, administration and operation of the Promotion; drafting and posting any official rules; selecting winners; awarding prizes; and obtaining all necessary third-party permissions and approvals, including, without limitation, filing all necessary registrations and bonds. slike has the right to remove your Promotion from the slike Services if slike reasonably believes that your Promotion does not comply with the Terms of Use or applicable law. (3) slike is not responsible for, does not endorse or support these Promotions. You may not indicate that slike sponsors or co-sponsors the Promotion. (4) You will display or read the following announcement when promoting, administering or conducting a Promotion: “This is a [your name] promotion. slike does not sponsor, endorse or take any responsibility for this promotion. Political activities Subject to these Terms of Use and the Community Guidelines, you may share your political views; participate in political activities; provide links to a political committee's official website, including a political committee's contribution page; and ask viewers to donate directly to a political committee. You agree, however, that these political activities are your own. Furthermore, by engaging in these activities, you represent and warrant that you have the right to do so under applicable law and that you will comply with all relevant laws and regulations in doing so. You agree not to use or solicit the use of slike monetization tools (e.g., bits and subscriptions) to make or transmit donations to a candidate, candidate's committee, political action committee, ballot initiative or other campaign committee, or for the purpose of influencing an election. Candidates for political office are prohibited from using slike monetization tools on their channel. Promotional content slike recognizes that some Users collaborate with brands and may publish “Promotional Content” means any User Content that features, uses, discusses, or promotes products, services, or specific content in exchange for something of value, such as being paid or receiving goods or services. Promotional Content includes, but is not limited to, paid product placements, endorsements, and sponsorships. slike permits you to post Promotional Content using the slike Services, provided that such Promotional Content complies with these Terms of Use and applicable law. If you choose to post Promotional Content on the slike Services, you agree to use slike’s Promotional Content tool, which provides a written notice to viewers that your live stream contains Promotional Content. Additionally, you agree that you are solely responsible for ensuring that your Promotional Content complies with all applicable advertising laws, regulations, and guidelines, including, without limitation, the U.S. Federal Trade Commission’s Advertising Guidelines (the “Advertising Guidelines”). For example, if you were compensated or received free products in exchange for discussing or promoting the slike Services, of a product or service through the slike Services, or if you are an employee of a business and discuss or promote that business's products or services through the slike Services, you agree to comply with the requirements of the Advertising Guidelines regarding disclosure of such relationships to indicate the commercial nature of the Promotional Content. Prohibited behavior YOU AGREE not to violate any law, contract, intellectual property or other third party rights or commit any tort, and you are solely responsible for your conduct on the slike services. You agree to comply with these Terms of Use and the slike Community Guidelines and not to: create, upload, transmit, distribute or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory or otherwise objectionable; impersonate any person or entity, falsely claim an affiliation with any person or entity, or access another's accounts on the slike Services without authorization, forge another's digital signature, misrepresent the source, identity or content of information transmitted through the slike Services, or engage in any other similar fraudulent activity; send spam to users of the slike Services, including, without limitation, unsolicited advertising, promotional materials or other solicitation materials, mass mailing of commercial advertising, chain letters, informational announcements, charity requests, petitions for signatures or any of the foregoing relating to promotional giveaways (such as sweepstakes and contests), and other similar activities; collect or harvest email addresses or other contact information of other users of the slike Services; defame, harass, abuse, threaten or defraud users of the slike 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 (a) security features of the slike Services or User Content, (b) features that prevent or restrict use or copying of any content accessible through the slike Services, (c) features that enforce limitations on use of the slike Services or User Content, or (d) remove any copyright or other proprietary rights notices from the slike Services or User Content; reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the slike Services or any part thereof, except and only to the extent that such activity is expressly permitted by the law of your jurisdiction of residence; modify, adapt, translate or create derivative works based on the slike services or any part of the slike services, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; interfere with or damage the operation of the slike Services or any user's enjoyment thereof, by any means, including uploading or distributing viruses, adware, spyware, worms or other malicious code; relay emails from third party mail servers without the third party's permission; access any website, server, software application or other computer resource owned, used and/or authorized by slike, including, but not limited to, the slike Services, through any robot, spider, scraper, crawler or other automated means for any purpose, or circumvent any measures that slike may use to prevent or restrict access to any website, server, software application or other computer resource owned, used and/or authorized by slike, including, but not limited to, the slike Services; manipulate identifiers in order to disguise the origin of any User Content transmitted through the slike Services; interfere with or disrupt the slike services or servers or networks connected to the slike services, or disobey any requirements, procedures, policies or regulations of networks connected to the slike services; use the slike services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the slike services, or that could damage, disable, overburden or impair the operation of the slike services in any manner; use or attempt to use another user's account without that user's and slike's permission; attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the slike Services that you are not authorized to access; attempt to indicate in any way, without our written permission, that you have a relationship with us or that we have endorsed or promoted any product or service for any purpose; and use the slike Services for any illegal purpose or in violation of any local, state, national or international law or regulation, including, without limitation, laws governing intellectual property rights and other proprietary rights, data protection and privacy. To the extent permitted by applicable law, slike assumes no responsibility or liability for any User Content or for any loss or damage resulting therefrom, nor is slike liable for any loss or damage resulting therefrom any error, defamation, slander, allegation, omission, falsehood, obscenity, pornography or profanity that you may encounter in the use of the slike services. You use the slike services at your own risk. Furthermore, these rules do not create any third-party benefit rights or any reasonable expectation that the slike services will not contain any content prohibited by these rules. Slike is not responsible for any statements or representations contained in User Content. slike does not endorse the User Content or the opinion, recommendation, or advice expressed therein, and, to the extent permitted by applicable law, slike expressly disclaims any and all liability in connection with the User Content. To the fullest extent permitted by applicable law, slike reserves the right to remove, screen, or edit any User Content posted or stored on the slike Services at any time without notice, including where such User Content violates these Terms of Use or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content that you post or store on the slike Services, at your sole cost and expense. Any use of the slike Services in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the slike Services. For residents of the European Union or the European Economic Area, the United Kingdom or Switzerland who are acting as a Customer, (i) slike will only remove, filter or edit User Content for justified reasons, including, without limitation, where such User Content violates these Terms of Use or applicable law, and (ii) unless such notice is unreasonable or legally prohibited in the specific circumstances of the individual case, slike will promptly inform you of the reason for taking the relevant action. Simultaneous broadcast When you stream live on the slike Services, you may stream live and simultaneously broadcast (“Simulcast”) on any other network, platform or service that supports live streaming of user-generated content, only if: You warrant that the quality of the slike user experience on your simulcast is at least equal to that offered on other platforms or services, particularly with regard to your involvement with the slike community (via chat, for example). You must not in any way encourage your community to leave slike in favor of your simulcast on other services. The slike community and the essential role it plays for slike users are very important to us. You must not use third-party tools that combine activity from other platforms or services during your simulcast on slike (such as a chat merge feature) so that the slike community can enjoy the full experience on your live stream. Collectively, these guidelines are referred to as the “Simulcast Guidelines.” Advertisements slike has the exclusive right to monetize the slike Services, including, without limitation, the exclusive right to sell, serve, and display advertising on the slike Services. Third-party ad networks are not permitted to serve advertising through the slike Services. You may, however, post promotional content using the slike Services as set forth in Section 9 above. Recommendations As part of the slike Services, we will recommend content that may be of interest to you. For more information, please see the Recommendations section on slike. Respect for copyright slike respects the intellectual property of others and complies with the requirements of the Digital Millennium Copyright Act ("DMCA") and other applicable laws. If you are a copyright owner or an agent thereof and believe that content posted on the slike Services infringes your copyright, please notify us by following our DMCA Guidelines, which include additional information about our policies, what you should include in your notice, and where to submit it. Trademarks slike, the slike logos, and any other product or service name, logo or slogan used by slike, as well as the look and feel of the slike Services, including all page headers, custom graphics, button icons and scripts, are trademarks or trade dress of slike, and may not be used in whole or in part in connection with any product or service that is not slike's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits slike, without our prior written permission. Any use of these trademarks must comply with slike's Trademark Guidelines. All other trademarks referenced in the slike services are the property of their respective owners. Reference on the slike services to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us or any other affiliation. Third-party content In addition to User Content, slike may provide other third-party content on the slike Services (collectively, “Third-Party Content”). slike does not control or endorse any Third-Party Content and makes no representations or warranties of any kind regarding Third-Party Content, including, without limitation, its accuracy or completeness. Please be aware that we do not create, update or monitor any Third Party Content. Therefore, to the extent permitted by applicable law, we are not responsible for any Third Party Content on the slike Services. It is your responsibility to decide whether to access or use third-party websites or applications that provide links from the slike Services ("Reference Sites"). slike does not control or endorse such Reference Sites or the information, materials, products or services contained on or accessible through Reference Sites, and does not representations or warranties of any kind regarding the Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the slike Services are solely between you and such advertiser. Access to and use of the Reference Sites including any information, materials, products and services available on or through the Reference Sites are at your own risk. Submission of ideas By submitting any ideas, suggestions, materials or proposals ("Submissions") to slike or its employees, you acknowledge and agree that slike has the right to use or disclose such Submissions for any purpose, in any manner, without compensation or credit to you. Termination You may terminate your license to use the slike Services and these Terms of Use at your discretion, at any time, by ceasing to use the slike Services or, if you are a registered user, by deleting your slike account. For residents of the European Union or the European Economic Area, or the United Kingdom, who are acting as a Customer, you may have a right to withdraw or cancel the contract to use the slike Services under these Terms of Use within a specific cooling-off period. When and how to use this right is explained in our Information on the right of withdrawal for consumers in the EU, EEA and the United Kingdom. To the fullest extent permitted by applicable law, slike reserves the right, without notice and in our sole discretion, to cease providing the Services (or any features) to you or to users generally, terminate these Terms of Service with you, terminate your license to use the slike Services (including to post User Content), and block or prevent your future access to and use of the slike Services for any reason, including, but not limited to, if: (a) your use of the slike Services violates these Terms of Service or applicable law; (b) you fraudulently or misuse the slike Services; or (c) we are unable to continue providing you with the slike Services for legitimate technical or business reasons. Our right to terminate our Services, this Agreement, and your license includes the ability to terminate or suspend your access to any product or service you purchase, including any subscription, Prime Gaming, or Turbo account. To the fullest extent permitted by applicable law, your sole remedy for dissatisfaction with (i) the slike Services, (ii) any term of these Terms of Use, (iii) any policy or practice of slike in operating the slike Services, or (iv) any content or information transmitted through the slike Services, is to terminate your account and cease using all portions of the slike Services. For residents of the European Union or the European Economic Area, the United Kingdom, or Switzerland who are acting as a Consumer, except in the case where they reasonably consider that giving notice is legally prohibited (for instance, when providing notice would either (i) violate applicable laws, regulations, or orders from regulatory authorities or (ii) compromise an ongoing investigation conducted by a regulatory authority) or that any notice may cause harm to you, third parties, slike, and/or its affiliates (for instance, when providing notice harms the security of the slike Services), slike will without delay notify you of the reason for its action. Disputes Compensation To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless slike, its affiliates, and each of our respective contractors, employees, officers, directors, agents, third-party providers, licensors, and partners (individually and collectively, the “slike Parties”) from and against any and all claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or relating to your access to, use, or misuse of the slike Services, any User Content you post, store, or otherwise transmit on or through the slike Services, your violation of any rights of a third party, your violation of these Terms of Use, or any breach of the representations, warranties, and covenants you make herein. You agree to promptly notify the slike parties of any third party claims, and slike reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify slike, and you agree to cooperate with slike in the defense of such claims. Slike will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. Disclaimer; Warranty Exclusion No Warranty TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS PROVIDED IN SUBSECTION ii. BELOW: (A) THE slike SERVICES, CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON A “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE EXPRESSLY PROVIDED IN WRITING BY slike; (B) THE slike PARTIES DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE slike SERVICES, INCLUDING ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN; (C) slike DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON THE slike SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (D) slike IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS IN TEXT OR PHOTOGRAPHY; AND (E) ALTHOUGH slike ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE slike SERVICES SAFE, slike CANNOT AND DOES NOT WARRANT THAT THE slike SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND YOU SHOULD THEREFORE USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOADED MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM slike OR THROUGH THE slike SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. EU/EEA/UK/CH Warranty Rights For residents of the European Union or the European Economic Area, the United Kingdom or Switzerland acting as a Customer, there are warranty rights under applicable law in the event of non-conformity of the digital content and services. These rights will not be affected by these Terms of Use. In such case, slike offers no other implied or statutory warranties or conditions with respect to the digital content and services, and explicitly disclaims all implied warranties and conditions to the fullest extent permitted by applicable law. You acknowledge that we may modify the slike Services from time to time without causing them to become non-compliant, including where necessary to comply with applicable law or regulation, or for legitimate business, security or operational reasons, including to make any improvements to your access to the slike Services. Limitation of Liability and Damages Limitation of Liability TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL slike OR THE slike PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE slike SERVICES, CONTENT OR MATERIAL IN ANY WAY, INCLUDING, WITHOUT LIMITATION, LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM slike, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO slike'S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL slike'S AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE slike SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE slike SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF SUCH LIABILITY, slike WILL LIMIT ITS LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. To the extent required by applicable law, nothing in these Terms limits our liability for death or personal injury caused by slike; for damages caused by slike's fraud, wilful misconduct or gross negligence; and for other losses that cannot be excluded or limited by applicable law. Reference sites THESE LIMITATIONS OF LIABILITY ALSO APPLY TO DAMAGES YOU INCUR AS A RESULT OF ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON ANY REFERENCE SITE OR OTHERWISE BY THIRD PARTIES OTHER THAN slike AND RECEIVED OR ADVERTISED ON THE slike SERVICES OR RECEIVED THROUGH A REFERENCE SITE. Basis of the agreement YOU ACKNOWLEDGE AND AGREE THAT slike HAS OFFERED THE slike SERVICES, USER CONTENT, MATERIALS AND OTHER CONTENT AND INFORMATION, SET ITS PRICES AND ENTERED INTO THESE TERMS OF USE IN RELIANCE ON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND slike, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND slike. slike WOULD NOT BE ABLE TO PROVIDE THE slike SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS. Applicable law and competent jurisdiction To the fullest extent permitted by applicable law, you and slike agree that if you are a Subscribing Organization or consumer resident in a jurisdiction other than those listed in (ii) and (iii) below, the applicable law and the following arbitration provisions apply: PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH slike AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM slike. slike and you agree to arbitrate any dispute arising out of these Terms of Use or your use of the slike Services, but you and slike are not required to arbitrate a dispute in which either party seeks equitable relief or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUE IN COURT OR BEFORE A JURY. slike and you agree to notify the other party in writing of any dispute within thirty (30) days after the dispute arises. Notice to slike must be sent to the following address: slike Interactive, Inc., Attn: Legal, 350 Bush Street, 2nd Floor, San Francisco, CA 94104. In addition, you and slike agree to: attempt to resolve the dispute informally before any demand for arbitration; that any arbitration will occur in Santa Clara County, California; that such arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Santa Clara County, California shall have exclusive jurisdiction over any appeal of an arbitration award and over any claim between the parties not subject to arbitration. In addition to the class proceedings and class actions discussed below, the arbitrator has the authority to grant a remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement, the laws of the State of California and the laws of the United States, without giving effect to any principles of conflicts of laws that may provide for the application of the laws of another jurisdiction. If the dispute proceeds in arbitration or court, you and slike will not bring against the other a class action, general arbitration, or other representative action or proceeding. For residents of the European Union or the European Economic Area, the United Kingdom or Switzerland who are acting as a Customer, these Terms of Use and any dispute, claim or cause of action arising out of or in connection with them will be governed by the laws of the State of California and the laws of the United States applicable therein, provided that such choice of law does not deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement under the laws applicable where you habitually reside. In such case, disputes will be resolved before the competent civil courts, as determined by applicable law. If you reside in a jurisdiction other than those named in (ii) in which the arbitration provision in Section (i)(a) above is found to be unenforceable, then all disputes, claims or causes of action arising out of or relating to these Terms of Use will be brought in and resolved by the state or federal courts located in San Francisco County, California or, if required by applicable law, the civil courts of competent jurisdiction in your jurisdiction of residence. If the applicable law provision in (i)(b) is found to be unenforceable, the laws of your jurisdiction of residence will apply. Complaints TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND slike AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE slike SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Miscellaneous Waiver If we fail to exercise or enforce any right or provision of these Terms of Use, such failure shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by the applicable party. Divisibility If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Use to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions. Attribution To the extent permitted by applicable law, these Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by slike without restriction. Any attempted assignment in violation of these Terms of Use will be null and void. Survival Upon termination of these Terms of Use, any provision which by its nature or express terms would survive such termination or expiration, including, but not limited to, Sections 7-10, 14 and 16-19. Entire Agreement The Terms of Use, which incorporate the Guidelines, constitute the entire agreement between you and slike relating to the subject matter hereof and will not be modified except in writing signed by authorized representatives of both parties, or by a modification of these Terms of Use made by slike as set forth in Section 6 above. Contact details Slike Services are offered by: slike Inc If you are a California resident, you may receive this same information via email by sending a letter to the above address with your email address and a request for this information. slike Interactive, Inc. is a company registered in the U.S. state of Delaware under file number 4221511. If you have any questions or require further information, please contact our Support Center or write to us at the address above, attention: Customer Service. The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr. Please note that slike is not obliged to participate in such dispute resolution. Requests for information and court orders All requests for information or documents related to potential, anticipated or ongoing legal proceedings, investigations or disputes should be made using the appropriate level of legal process. Please see our Process Service page for more information.