Terms and Conditions

Welcome to the PoweredUP Gaming "Site" or “Website”.

PoweredUP Gaming provides the content and services available on the Site to you. You are subject to the following terms and conditions, our Privacy Policy, and any other terms and conditions and policies which you may find throughout our Website in connection with certain functionality, features or promotions as well as Customer Service, all of which are deemed a part of and included within these Terms and Conditions (collectively, “Terms and Conditions”). Please read carefully these Terms and Conditions which govern the use of this Website (hereinafter the “Terms of Use”). By using this Website, you agree to these Terms of Use without reserve.

THE SECTION BELOW TITLED “DISPUTES” CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our Site. If you are under 18 years old or the age of majority in your jurisdiction, then you may not make a purchase on our Site. We do not knowingly or intentionally process information about any individual under the age of 18 or the age of majority in a jurisdiction. If you are under 18 or the age of majority in your jurisdiction, your parents' prior authorization shall be required, before you use this Website, make a purchase from this Website, or register on this Website. If you are under 13 years old, you may browse our Site. However, you may not provide personal information to us, make a purchase on the Site nor register on the Site. We do not direct this Website to children under 13 years old.

Access to the Site and/or certain sections thereof may require the use of PIN codes or passwords. In such case, it is up to you to take the necessary steps to keep such codes and passwords secret. You may naturally change them at any time; however, the number of attempts to access the Site and/or certain section thereof may be limited in order to prevent any fraudulent use of such codes or passwords. Please inform PoweredUP Gaming of any fraudulent use. In the event of any breach of the rules set forth under these Terms and Conditions, PoweredUP Gaming reserve the right to suspend your access. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to bind to these Terms and Conditions.

Permitted use of materials on our Website: 

  • You must use our Website for lawful purposes only and in accordance with these Terms and Conditions. 
  • The content on our Website is for your personal, private and non-commercial use only. You may print or share the content from our Website for lawful personal, private and non-commercial purposes, and you may make others within your organization aware of the content on our Website. You may not otherwise extract, reproduce or distribute the content of our Website without our prior written consent. 
  • When you print, download, share or pass on content from our website to others, you must not make any additions or deletions or otherwise modify any text from our Website. You must not alter or change any images, media or graphics from our Website in any way; you may not remove any accompanying text from such images, media or graphics; and you must ensure that all content passed on to any third party is an accurate representation of the content, as it appears on our Website. 
  • We prohibit the use of any robots, spiders, data mining or scraping technology or any similar third party tools for the extraction or reproduction of any data or content from our website, without our prior written consent. 
  • Whenever you pass on any content or materials from our Website to anyone, you must acknowledge PoweredUP Gaming as the authors of such content or materials (or any other authors wherever credited by us) at the time when you pass on such content or materials. 

Prohibited uses of materials on our Website: 

  • You must not reproduce, duplicate, copy, or resell any part of our Website or save any content from our Website, except to the extent expressly permitted in these Terms and Conditions. 
  • You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our Website or any part of it, our systems, any of our hardware or equipment or any networks that host this Website. 
  • You must not, without our prior written consent, access, interfere with, damage or disrupt any software that we use to create or modify the Site or to make the Site available to you, or any hardware, equipment, network, server, software or technology owned or operated by PoweredUP Gaming or any third party. 
  • You must not use our website for any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international. 
  • You must not use our website for any fraudulent purposes whatsoever; to conduct any unsolicited or unauthorized advertising or direct or indirect marketing to anyone by any means. 
  • You must not use our website to spam, communicate with or market to anyone any goods, services or business not authorized by PoweredUP Gaming. 
  • You must not use our website to upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the website, our hardware or systems, or the computers, tablets, phones or other devices of any users. 
  • You must not use our website to upload any content or materials containing any such content to communicate with, harm or attempt to harm children in any way, or in any way or for any purpose that breaches these Terms and Conditions or the Terms and Conditions of any of the documents listed in this Terms and Conditions policy. 
    • You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
    • You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services. 
    • You must not submit ‘sensitive personal information to PoweredUP Gaming. Sensitive personal information is information about you or any other person that reveals your or their racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or which is genetic data or biometric data. If you accidentally or intentionally submit such information to us, you will be considered to have consented to our processing of that information on the basis of Article 9(2)(a) of the General Data Protection Regulation (Regulation (EU) 2016/769) and our Privacy Policy. 
    • You must not submit information that concerns your or any other person’s health, sex life or sexual orientation. If you accidentally or intentionally submit such information to us, you will be considered to have consented to our processing of that information on the basis of Article 9(2)(a) of the General Data Protection Regulation (Regulation (EU) 2016/769) and our Privacy Policy. 

    IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR WEBSITE. 

    Click on one of the links below to jump to the listed section:

    1. Privacy
    2. Code of Conduct
    3. Products and Services for Personal Use
    4. Accuracy of Information
    5. Intellectual Property
    6. Limited Licenses and Use Restrictions
    7. Exclusions and Limitations of Liability
    8. Copyright Infringement Notices
    9. Personal Data
    10. Cookies
    11. Indemnification
    12. Disputes
    13. Consent to Receive Notices Electronically by Posting on this Website and Via Email
    14. Disclaimer
    15. General
      

    IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR WEBSITE. 

    1. Privacy

    Please review our Privacy Policy for details about our personal information practices. 

    2. Code of Conduct

    We support the values of tolerance and respect of others. For this reason, by using this Website, you agree NOT to:

    • Convey any racist, violent, xenophobic, malicious, rude, obscene or unlawful comments;
    • Disseminate any content that may be harmful, defamatory, unauthorized, malicious or infringing on privacy or publicity rights, inciting violence, racial or ethnic hatred or qualify as gross indecency or incitement to commit certain crimes or offences;
    • Use the Website for political, propaganda or proselytizing purposes;
    • Publish any content advertising or promoting any products and/or services competing with the brand(s) displayed on the Website;
    • Divert the Website from its intended purpose, including by using it as a dating service;
    • Disseminate any information that may directly or indirectly allow the nominal and specific identification of an individual without prior and express consent, such as their last name, postal address, email address, telephone number;
    • Disseminate any information or content that may be upsetting for the youngest;
    • Intimidate or harass others;
    • Conduct illegal activities, including that may infringe anyone’s rights in and to any software, trademarks, photographs, images, texts, videos, etc.;
    • Disseminate content (including photographs and videos) portraying minors.

    If you become aware of any such User Content on this Website that condone crimes against humanity, incite racial hatred and/or violence, or relate to child pornography, immediately notify PoweredUP Gaming through the “LiveChat” agent or email customerservice@poweredupgaming.com. Please specify the date on which you discovered said content, your identity, the URL (Uniform Resource Locator - the address of the webpage), description of the disputed content and the user ID of the author thereof.

    If you consider that any User Content is in breach of the principles listed above, of your rights or any third party’s rights (e.g., any infringement, insult, breach of privacy), immediately notify PoweredUP Gaming through the “LiveChat” agent or email customerservice@poweredupgaming.com. Please specify the date on which you discovered said content, your identity, the URL, description of the reported content and the user ID of the author thereof.

    Anyone reporting content or activity as unlawful in order to obtain the removal thereof or stop the dissemination thereof by submitting untrue or inaccurate information, making FALSE statements, is subject to punishment as determined by applicable law. 

    3. Products and Services for Personal Use

    The products and services available on the Site, and any samples thereof we may provide to you, are for personal and/or professional use only. You may not sell or resell any of the products or services, or samples you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order or products or services provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions. 

    4. Accuracy of Information

    PoweredUP Gaming attempts to be as accurate as possible when describing our products on the Site; however, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free. This Website may contain typographical errors or inaccuracies and may not be complete or current. PoweredUP Gaming therefore reserves the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.

    We apologize for any inconvenience. 

    5. Intellectual Property

    INTELLECTUAL PROPERTY RIGHTS. Developing this Website involved significant investments. The Website and each of the elements it comprises (i.e., brands, images, texts, videos, etc.) are protected by intellectual property rights. No use, reproduction or representation of the Website (in whole or in part), on any media whatsoever, for any other purposes, including, but not limited to, commercial purposes, shall be authorized.

    PoweredUP Gaming may make available to you via this Website contents that you are authorized to download (hereinafter the "Downloadable Content"). We grant you, for your personal and private use only, free of charge and for the legal protection period of intellectual property rights as defined by international laws and international treaties, a non-exclusive and non-transferable right to use the Downloadable Content. We strictly prohibit any reproduction, representation, modification or distribution of the Website. By downloading or using such Downloadable Content, you agree to use them in accordance with these Terms and Conditions.

    In the event that PoweredUP Gaming make a Website available to you which enables you to edit a picture (especially in order to virtually test a cosmetic), you hereby acknowledge and agree that such Website shall be only for your own private use in compliance with its intended purpose. You shall not use this Website to dishonor, repute or hinder the rights of any third parties as described below.

    THIRD PARTY RIGHTS. PoweredUP Gaming hereby remind you that you shall secure all the necessary authorizations and rights from any relevant rights-holders in connection with any content you may wish to post via the Website. This includes all intellectual property rights and/or literary, artistic and/or industrial property rights, and publicity rights (including the right to one’s image), to allow your quiet use of such contents. For example, you shall secure the rights in and to any contents (especially photographs) showing recent architectural items, advertising designs or apparel designs that might appear (acronyms, logos, etc.).

    USER CONTENTS. PoweredUP Gaming may make available via this Website a space dedicated to user contents, such as text, photos, videos, opinions, etc. (hereinafter "User Content").

    By posting User Content via the Website, you grant PoweredUP Gaming a royalty-free, irrevocable, non-exclusive, worldwide and for the legal protection period of intellectual property rights as defined by international laws and international treaties (including any subsequent supplemented or amending regulations). This includes license to reproduce, display, use, copy, modify, adapt, edit, distribute, translate, create derivative works from, incorporate into other works, distribute such User Content (in whole or in part).

    PoweredUP Gaming authorizes use for all in-house or external, corporate or financial communication purposes, advertising, and for all public relations, historical or archival purposes, of PoweredUP Gaming or its affiliates, its products and/or its brands, particularly on the following media:

    • Posting in all format, in unlimited quantity
    • The written press, unlimited number of publications
    • Publishing, unlimited number of publications, particularly publishing for purposes of in-house communication, including sales force and distribution network (wholesalers, retailers, agents, etc.), events, leaflets for congresses, tradeshows, stands ...; Business-to-Business (B2B) communication, in the professional press, for an unlimited number of publications and/or quantities
    • Electronic, Information Technology (IT), digital, multimedia, Internet and Intranet publishing, via any websites (whatever the website and/or medium, including social networks such as Ngage, Facebook, Twitter, YouTube or Dailymotion), unlimited number of inserts and broadcasts,
    • Via any advertising media (including by way of advertising at retail outlets and on the PoweredUP Gaming brand products (hereinafter the “Media”).

    PoweredUP Gaming formally informs you that we do not govern social network platforms owned by third parties and, accordingly, the circulation and use of User Content via said social networks by the terms of use/agreement/conditions defined by said third parties. Therefore, PoweredUP Gaming is not responsible for any use of the content by any third parties in accordance with the terms of use/agreements/conditions defined by the social networks, including without limitation, in terms of the scope and duration of licensed rights, and removal of Content. You shall be responsible for handling any third party claims relating to the use of the Content in accordance with the terms of use/conditions/agreements defined by the social networks.

    PoweredUP Gaming hereby reminds you that search engines contain Content, which is accessible by audiences outside the Website.

    This authorization gives PoweredUP Gaming the possibility to adapt your Content as initially fixed and/or make any such clarification to the User Content, as we may consider useful, if the User Content shall not alter your image or words.

    Furthermore, the use of User Content may come with such anonymized information as your city, country or age, and/or, if you expressly authorized it, information allowing your identification such as your first name, or your alias.

    Any such User Content as you may publish via this Website is under your sole liability. However, PoweredUP Gaming would like to remind you that User Content shall not conflict with applicable legislation or accepted standards of morality, or the principles stated herein. In this regard, we reserve the right to remove at any time any such User Content as it may not comply with these Terms and Conditions, including our Code of Conduct.

    In addition, if you access User Content created by another user, you shall be required to comply with said user’s rights and you shall, in particular, not reproduce or disseminate said Content published via other media without the relevant user’s prior consent.

    We, PoweredUP Gaming, wish to re-use your content with or without our mentions, hashtags, and tags (the “Mention(s)”). PoweredUP Gaming mentions are the following: #wearePoweredUPGaming, #lifeatPoweredUPGaming, #PoweredUPGaminglife, #PoweredUPGamingproud, #PoweredUPGamingtalent.

    By responding to #YesPoweredUPGaming, you agree to the following:

    You grant to PoweredUP Gaming and its affiliates and/or related entities a worldwide, royalty-free, non-exclusive, transferable right to use, reproduce, exploit, represent, adapt and/or modify your video(s), photo(s), text(s) and/or other content posted on any social media.

    You grant to PoweredUP Gaming and its affiliates and/or related entities a worldwide, royalty-free, non-exclusive, transferable right to use, reproduce, exploit, represent, adapt and/or modify your social media handle or user name posted on any social media.

    You grant to PoweredUP Gaming and its affiliates and/or related entities a worldwide, royalty-free, non-exclusive, transferable right to use, reproduce, exploit, represent, adapt and/or modify your profile picture, caption, and location information you may have included in your content (“User Content”) that you have tagged with any of the above Mentions in any social media.

    Worldwide, royalty-free, non-exclusive, transferable right to use, reproduce, exploit, represent, adapt and/or modify includes all PoweredUP Gaming’s webpages, newsletters, retailer sites, third party sites, prints, stores for its marketing and/or its advertising by any current or future means and processes, such as loading, display, execution, transmission or storage operations, on any website, extranet, platform or other.

    You also grant use of your video(s) and photo(s) for use internally as part of PoweredUP Gaming’s internal communication platforms (intranet sites, presentations, physical stands or other). The rights include all types of uses, either directly or indirectly, in order to promote the company’s attractiveness and reputation globally, and to illustrate our internal culture.

    You grant the right to use your User Content for the entire legal duration of intellectual property rights, and in particular of the copyright as defined by international laws and international conventions.

    You grant PoweredUP Gaming the right to use your username, real name, image, voice, likeness, or other identifying information in connection with any use of your User Content. This right to use the personality rights is granted for a period of five (5) years for the same media as those detailed in the above provision.

    PoweredUP Gaming may use, display, reproduce, distribute, transmit, combine with other materials, alter and/or edit the User Content for legal and/or regulatory reasons in any way it sees fit (while maintaining the original sentiment), with no obligation to you whatsoever.

    You confirm and agree that you own all the rights in the User Content and/or that you have permission from any person(s) entitled with any intellectual property rights or personality rights in the User Content to grant the rights herein.

    You confirm and agree that you and all other person(s) appearing in the User Content are not under 18.

    You confirm and agree that PoweredUP Gaming’s use of your User Content will not break any law or violate the rights of a third party.

    You confirm and agree that PoweredUP Gaming has the right to disclose your identity to any third party who claims that the User Content infringes their rights.

    If your User Content contains an endorsement or testimonial of our products or services, you further agree that it is a true and accurate expression of your honest belief (if applicable, based on use of PoweredUP Gaming products and that you have disclosed receipt of any free product or incentives in exchange for providing your User Content).

    You acknowledge and agree that the User Content could be subject to “viral” communication (word-of-mouth communication) on third party websites and that PoweredUP Gaming will not be liable for any claim or action in this regard.

    You consent to PoweredUP Gaming’s collection of any personal information you provide, and PoweredUP Gaming’s use and disclosure of that personal information in connection with the use of your User Content as described above. Your personal information may be transferred to or accessible globally and may be shared with affiliates or other trusted third parties working on PoweredUP Gaming’s behalf. By posting User Content with any Mention(s) or otherwise providing PoweredUP Gaming with personal information, you agree to such collection, use, disclosure, transfer and processing of your information in accordance with these Terms and Conditions, our Privacy Policy, and applicable data protection laws and regulations.

    You will not hold PoweredUP Gaming, or any person acting on PoweredUP Gaming’s behalf, responsible for any claims or demands in connection with the use of your User Content.

    You accept that PoweredUP Gaming will not pay you for the use of your User Content and/or for any intellectual property rights connected with them.

    You accept that PoweredUP Gaming may refuse to use or remove your User Content for any reason.

    If you change your mind about sharing your User Content or you do not want PoweredUP Gaming to contact you about User Content again, please opt out by contacting us through the “LiveChat” agent or email us at customerserice@poweredupgaming.com.

    You acknowledge, agree to, and accept that PoweredUP Gaming updates these Terms and Conditions regularly; please review them each time PoweredUP Gaming wishes to use your Content prior to giving your authorization.

    To the extent authorized by law, these Terms and Conditions are subject to international treaties and international laws, and any dispute arising hereunder shall be subject to the jurisdiction of the competent courts of Ontario, Canada. 

    6. Limited Licenses and Use Restrictions

    PoweredUP Gaming grants you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Site. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of this Website:

    • Frame or utilize framing techniques to enclose the Site or any portion thereof
    • Use any meta tags, "hidden text", robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Site, Content (except caching or as necessary to view the Site), or the personal information of others without our prior written permission or authorization
    • Make any use of the Site or any Content other than for personal use
    • Modify, reverse engineer or create any derivative works based upon the Site or any Content
    • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity
    • "Stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way
    • Intentionally violate any applicable local, state, national or international law
    • Transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site; and/or
    • Engage in or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam."

    PoweredUP Gaming also grants you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of this Website for personal, non-commercial use only.

    A website that links to this Website may link to, but not replicate, any and/or all of our Content.

    A website that links to this Website may not imply that we are endorsing such Website or its services or products

    A website that links to this Website may not falsely represent its relationship with PoweredUP Gaming.

    A website that links to this Website may not contain distasteful, obscene, offensive, controversial, illegal or inappropriate content for any ages (as determined in our sole discretion).

    A website that links to this Website may not portray PoweredUP Gaming’s products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions.

    A website that links to this Website may not link to any page of the Website other than the home page.

    PoweredUP Gaming may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.

    Any unauthorized use by you of this Website or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 6 (Limited Licenses and Use Restrictions) without prejudice to any other remedy provided by applicable law or these Terms and Conditions. 

    7. Exclusions and Limitations of Liability

    PoweredUP Gaming does not exclude our liability to you where it would be unlawful to do so, for example, for death or personal injury caused by our negligence. If applicable law does not allow all or any part of the below limitations of liability to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law.

    If you purchase goods or services from our Website, different exclusions of liability may apply. These are contained in our Terms of Sale.

    POWEREDUP GAMING, (INCLUDING OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS) IS NOT LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE).

    POWEREDUP GAMING, (INCLUDING OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS) IS NOT LIABLE TO YOU FOR COSTS, EXPENSES, LIABILITIES OR PENALTIES, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, WHETHER FORESEEABLE OR UNKNOWN, ARISING FROM, IN CONNECTION WITH OR RELATING TO 

    • YOUR USE OF OUR WEBSITE 
    • ANY CORRUPTION OR LOSS OF DATA 
    • ANY INABILITY TO ACCESS OUR WEBSITE, INCLUDING, WITHOUT LIMITATION 
    • ANY INTERRUPTIONS, SUSPENSION OR WITHDRAWAL OF OUR WEBSITE (FOR ANY REASON WHATSOEVER) 
    • ANY USE YOU MAKE OF ANY CONTENT OR MATERIALS ON OUR WEBSITE, INCLUDING ANY RELIANCE YOU MAKE ON SUCH CONTENT OR MATERIAL 
    • ANY LOSS OF SAVINGS, PROFITS, SALES, BUSINESS OR REVENUE 
    • ANY LOSS OF REPUTATION OR GOODWILL 
    • ANY LOSS OF SAVINGS 
    • ANY LOSS OF A CHANCE OR OPPORTUNITY; OR 
    • ANY OTHER SECONDARY, CONSEQUENTIAL OR INDIRECT LOSSES, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, WITHOUT LIMITATION, YOU ASSUME AND SHALL BE LIABLE FOR THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS, DAMAGE, COSTS, EXPENSES, LIABILITIES OR PENALTIES ARISING.

    POWEREDUP GAMING SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE. 

    YOU SPECIFICALLY AGREE THAT POWEREDUP GAMING SHALL NOT BE LIABLE FOR ANY CONTENT OR THE DEFANATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. 

    YOU AGREE THAT IN THE EVENT THAT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES ARISING OUT OF, OR IN CONNECTION WITH, OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION, TO PREVENTS EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY POWEREDUP GAMING. 

    YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY POWEREDUP GAMING.

    YOU AGREE THAT IN THE EVENT THAT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES ARISING OUT OF, OR IN CONNECTION WITH, OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION, TO PREVENTS EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY POWEREDUP GAMING.

    YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY POWEREDUP GAMING.

    To the extent that any of the provisions of this Section 7 (Exclusions and Limitation of Liability) are unenforceable as outright exclusions of liability, they shall construe as limitations on liability, limiting our liability to you to the maximum extent permitted by law. 

    8. Copyright Infringement Notices

    PoweredUP Gaming respects the intellectual property of others and require that users of this Website do the same. We also maintain a policy that provides for the termination in appropriate circumstances of this Websites’ use privileges of users who are repeat infringers of intellectual property rights. Consistent with the Digital Millennium Copyright Act (DCMA), if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send notify us immediately through our “LiveChat” agent or e-mail us at customerservice@poweredupgaming.com of the infringement and provide the following: 

    • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed
    • An Identification of the copyrighted work(s) that you claim has been infringed
    • A description of the material that you claim is infringing and the location of that material on this Website
    • Your address, telephone number and email address
    • A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and
    • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

    9. Personal Data

    PoweredUP Gaming may collect personal data related to you, particularly when you: (i) subscribe for a service; (ii) download Downloadable Content; (iii) sign in; (iv) apply for a game/competition; (v) send Us an e-mail; (v) respond to a poll or study. 

    For any further information on the processing of your personal data, please look up our privacy policy here. 

    10. Cookies

    Cookies are small files that are left on your device while you browse this Website (such as the pages looked up, the date and time of such access, etc.) and which may be read whenever your access this Website (hereinafter “Cookies”) in the future. 

    For further information on the cookies policy of our website, please check out our personal data collection policy, here. 

    11. Indemnification

    You agree to defend, indemnify, and hold PoweredUP Gaming harmless for any loss, damages, or costs. This includes reasonable attorneys' fees, resulting from any third party claim, action, or demand arising from: (i) your use of this Website or this Website’s Content in violation of any law, rule, regulation or these Terms and Conditions, or (ii) any part of your User Content. You also agree to indemnify PoweredUP Gaming for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

    You agree to defend, indemnify and hold PoweredUP Gaming’s subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless for any loss, damages or costs. This includes reasonable attorneys' fees, resulting from any third party claim, action, or demand arising from: (i) your use of this Website or this Website’s Content in violation of any law, rule, regulation or these Terms and Conditions, or (ii) any part of your User Content. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

    You (also any third party for or on behalf of whom you operate an account or activity on the website) agree to defend (at our request), indemnify and hold PoweredUP Gaming harmless from and against any claims, liabilities, damages, losses and expenses. This  includes, without limitation, reasonable legal and attorneys’ fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on this Website or those conducted on your behalf):

    • Uploads and access to or use of the website
    • Breach or alleged breach of these Terms of Use
    • Your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right
    • Your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
    • Misrepresentation made by you.

    You will cooperate as fully required by PoweredUP Gaming in the defense of any claim. PoweredUP Gaming reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. You will not, in any event settle any claim without our prior written consent. 

    12. Disputes

    The laws of Ontario, Canada shall govern any dispute, claim, or controversy regarding this Website, which includes all rights and obligations and actions contemplated by these Terms and Conditions. 

    DISPUTES, RELATING TO YOUR VISIT TO THIS WEBSITE, THIS WEBSITE’S TERMS AND CONDITIONS, OR THE RELATIONSHIP BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATED TO THE INTELLECTUAL PROPERTY RIGHTS OF POWEREDUP GAMING OR OUR AFFILIATES, PARTNERS OR LICENSORS OR CLAIMS IN EQUITY) SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN ONTARIO, CANADA.

    YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT AN ARBITRATOR(S) WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE: IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION.

    You also agree to submit any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral to the arbitrator for decision. Notwithstanding the foregoing, if you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction.

    You also agree to consent to jurisdiction and venue in any such court for such purposes.

    We conduct arbitration under this agreement as per the Consumer-Related Disputes Supplementary Rules and the American Arbitration Association. The arbitrator's award shall be binding and shall enter as judgment in any court of competent jurisdiction.

    You agree that any arbitration or proceeding shall be limited to the dispute between PoweredUP Gaming and you individually.

    You agree not to join arbitration or proceeding with any other.

    You agree there is no right or authority for any dispute to arbitrate or resolve on a class action-basis or to utilize class action procedures.

    You agree there is no right or authority to purport any dispute in a representative capacity on behalf of the public or any other persons.

    YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST POWEREDUP GAMING ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

    13. Consent to Receive Notices Electronically by Posting on this Website and Via Email

    You consent to receive any agreements, notices, disclosures, and other communications (collectively, "Notices") to which these Terms and Conditions refer from PoweredUP Gaming electronically including without limitation by e-mail or by posting notices on this Website. You agree that all Notices that PoweredUP Gaming provides to you electronically satisfy any legal requirement that such communications be in writing.

    To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing PoweredUP Gaming at customerservice@poweredupgaming.com and discontinue your use of this Website. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to Section 6 and Section 7 hereof, shall automatically terminate. Unfortunately, PoweredUP Gaming cannot provide the benefits of this Website to any user that cannot consent to receipt of Notices electronically.

    Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.

    14. Disclaimer

    PoweredUP Gaming shall use our best efforts to maintain access to this Website and Downloadable Content at all times. However, we cannot guarantee the permanent availability and accessibility of this Website. Indeed, we may be required to suspend access to all or part of this Website, particularly for technical maintenance purposes.

    Note that the Internet and Information Technology (IT) or telecommunication networks are not error-free and that interruptions and failures can occur. PoweredUP Gaming cannot provide any guarantee in this regard and shall not be liable for any damage that may relate to the use of the Internet and IT or telecommunication networks, including, without limitation: 

    • Poor transmission and/or reception of any data and/or information via the Internet;
    • Any external intrusions or computer viruses;
    • Any defaulting reception equipment or communication networks; and
    • Any such Internet malfunction as may hinder the proper operation of the Website.

    Lastly, our liability shall be limited to direct damage, excluding any other damage or loss whatsoever.  More specifically, any indirect damage relating, without limitation, to any loss of profit, revenue or goodwill.

    15. General

    You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between PoweredUP Gaming concerning your use of this Website, and supersede and govern all prior proposals, agreements, or other communications.

    PoweredUP Gaming reserves the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on this Website and providing notice of such change. Any changes are effective immediately upon posting to this Website and release of notice of such change. Your continued use of this Website thereafter constitutes your agreement to all such changed Terms and Conditions. PoweredUP Gaming may terminate any of the rights granted by these Terms and Conditions without prior notice. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of this Website.

    Nothing contained in these Terms and Conditions shall construe as creating any agency, partnership, or other form of joint enterprise between us. PoweredUP Gaming’s failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

    In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. These Terms and Conditions modify, to the extent possible, by the adjudicating entity to reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and not used in its interpretation.

    If you have any questions regarding these Terms and Conditions, please email us at customerservice@poweredupgaming.com.