Last Updated: 12/15/2024
1. Introduction
Welcome to Gig Game ("we," "us," or "our"), a public web service accessible through the gig.game domain. Operated by Gig Game Corp from Orlando, Florida, our platform allows users to host, organize, and participate in social games and events (collectively, the "Services"). By accessing or using our Services, you ("user," "you," or "your") agree to be bound by these Terms of Service ("Terms"), as well as our Privacy Policy. If you do not agree to these Terms, you must not use our Services.
2. Eligibility
By using our Services, you represent and warrant that you are at least the age of majority in your jurisdiction and that you have the legal capacity and authority to enter into these Terms. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that entity to these Terms. You may not use the Services if doing so is prohibited by applicable law.
3. Description of Services
Gig Game provides a platform to host, run, and organize events centered around social games developed using the Gig Game framework. These games may include trivia, bingo, and other interactive activities for personal, corporate, fundraising, or other legitimate purposes. Independent developers may create and share games on our platform for use by various groups and organizations. We do not control the specific use cases of these games; users are solely responsible for their activities, including ensuring compliance with applicable laws and regulations.
4. Accounts and Sign-In
Registration: To access certain features, you may be required to create an account. During registration, we collect your email address and phone number for verification and notification purposes. By providing this information, you represent and warrant that it is accurate, current, and complete.
Phone Number Verification: We validate your phone number upon each sign-in to help secure your account and prevent unauthorized access. You agree to maintain the security of your account credentials and to notify us promptly of any unauthorized use.
5. Subscriptions and Payment
Some features or services may be offered on a subscription basis. We integrate with third-party service providers for subscription management and payment processing. Any credit card or payment information you provide will be handled by these third parties in accordance with their terms and policies. We do not directly store or process your credit card information. By purchasing a subscription, you authorize our payment processors to charge your payment method for all applicable fees. You agree to provide current, complete, and accurate billing information.
6. User Conduct and Responsibilities
You agree to use the Services only for lawful purposes and in accordance with these Terms and all applicable laws and regulations, including but not limited to U.S. federal, state, and international laws. You shall not:
7. User-Generated Content and Developer-Created Games
The platform may allow users or third-party developers ("Content Providers") to create, upload, or share games, text, images, audio, video, or other materials ("User Content"). You acknowledge that we do not pre-screen User Content and are not responsible for the accuracy, legality, or appropriateness of such content.
By uploading or otherwise making available User Content, you represent and warrant that you have all necessary rights to grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, distribute, display, and perform your User Content for the operation and enhancement of the Services. You remain solely responsible for your User Content and agree to indemnify and hold us harmless for any claims arising out of it.
8. Intellectual Property Rights
All intellectual property rights, including trademarks, service marks, logos, and copyrights associated with the Services are owned by us or our licensors. Except as expressly stated herein, no license or ownership interest in our intellectual property is granted to you. You agree not to reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any content or materials on our Services except as expressly authorized by us in writing.
9. Privacy
Your use of the Services is subject to our Privacy Policy, which describes how we collect, use, and disclose your personal information. By using the Services, you consent to our collection and use of your information as outlined in our Privacy Policy. If you interact with individuals in the European Union or other jurisdictions with specific data protection laws, you acknowledge that we may be subject to those laws as applicable, and you agree to comply with all relevant data protection regulations.
10. Compliance with Laws
You are responsible for ensuring that your use of the Services complies with all applicable laws and regulations, including U.S. federal and state laws, as well as international laws. If you access our Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws. You agree not to use the Services in any territory where use would violate applicable law.
11. Disclaimers and No Warranties
The Services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, express or implied. To the fullest extent permitted by applicable law, we disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that the Services will be error-free, uninterrupted, secure, or free of viruses or other harmful components. We make no warranties as to the reliability, accuracy, or completeness of any information provided through the Services.
12. Limitation of Liability
To the fullest extent permitted by law, in no event shall we, our affiliates, directors, officers, employees, agents, or licensors be liable for any indirect, special, incidental, consequential, or punitive damages arising out of or relating to your use or inability to use the Services, even if we have been advised of the possibility of such damages. Our total liability to you for all claims arising from or related to the Services shall not exceed the amount paid by you, if any, for accessing or using the Services in the twelve (12) months preceding the event giving rise to liability.
13. Indemnification
You agree to indemnify, defend, and hold harmless Gig Game Corp, its affiliates, and their respective officers, directors, employees, and agents from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, your use of the Services, or your User Content.
14. Termination
We reserve the right to suspend or terminate your account and/or access to the Services at any time, without notice, for any reason including but not limited to your breach of these Terms. Upon termination, your right to use the Services will immediately cease, but the provisions of these Terms intended to survive termination shall remain in full force and effect.
15. Governing Law and Dispute Resolution
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of Florida and the United States, without regard to conflict of law principles. Any disputes arising under or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in Orlando, Florida, and you consent to the jurisdiction of these courts.
For users outside the United States, you agree that any dispute arising out of or in connection with these Terms shall be settled in accordance with applicable U.S. and Florida law, and you waive any objection to jurisdiction or venue in such courts.
16. Mandatory Arbitration and Class Action Waiver
Except where prohibited by law, you and Gig Game Corp agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of our Services ("Disputes") shall be resolved exclusively through final and binding arbitration, rather than in court. The arbitration shall be administered by a reputable arbitration organization, such as the American Arbitration Association (AAA), in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted in English, and the place of arbitration shall be Orlando, Florida, unless otherwise required by law. Both parties agree to waive their right to participate in a class action lawsuit or class-wide arbitration and to resolve their Disputes individually, without joining others. This means that any Dispute you have with Gig Game Corp will be handled only between you and us, and you may not participate in a class action or representative proceeding against Gig Game Corp. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in court to protect intellectual property rights, prevent unauthorized access, or address breaches of confidentiality. If any portion of this arbitration and class action waiver provision is found to be unenforceable, the remainder shall continue in full force and effect.
17. Changes to These Terms
We may update these Terms from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. We will post the updated Terms on our website with a new "Last Updated" date. Your continued use of the Services after such changes are posted constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must discontinue using the Services.
18. Miscellaneous
If any provision of these Terms is deemed invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision of these Terms shall not be considered a waiver of that right or provision. These Terms, together with our Privacy Policy and any other agreements expressly referenced herein, constitute the entire agreement between you and us concerning the Services and supersede all prior or contemporaneous communications.
19. Contact Us
If you have questions or concerns about these Terms, please contact us at:
Gig Game Corp
Orlando, Florida, USA
Email: support@sparkinnovationscorp.com
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
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