VGAME Terms of Use and Limited License Agreement

VGAME Terms of Use and Limited License Agreement
(“Terms of Use” or “Agreement”)

PREAMBLE

This website is owned and operated by VG Audio and Music Elements Corp. and/or its affiliates (hereafter referred to collectively as “VGAME”, “we”, and “us”) and the other websites of VGAME and its subsidiaries (hereafter referred to collectively as the “Website).”

This Agreement outlines the complete and entire terms in respect of our Website including any products and/or services that are available on our Website. For greater certainty, this Agreement applies to all products and/or services found on our website unless otherwise specified. Additional terms and conditions may apply for various products and services.

YOUR CONTINUED USE OF THE WEBSITE AND ITS SERVICE(S) CONSTITUTE YOUR AGREEMENT TO THESE TERMS. BY ACCEPTING THIS AGREEMENT, YOU AGREE TO RESOLVE DISPUTES WITH VGAME THROUGH BINDING ARBITRATION (AND WITH VERY FEW LIMITED EXCEPTIONS, NOT IN COURT), AND USERS WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS (AS DETAILED IN THE DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER IN SECTION 12 BELOW).

DISCLAIMER

This Agreement limits VGAME’s liability, and may affect your legal rights.

Please read this Agreement carefully before accessing or using the Website and/or downloading or otherwise using our products and services. Your access, or continued access, of our Website or use, or continued use, of our products and services constitutes acceptance of this Agreement and all of its terms.

If you access or use the Website on behalf of another person or entity, you understand that this action is legally binding for both parties involved and you warrant that you have authority to bind that other person or entity. If you have not been given this authority, or you do not accept or agree with our Terms of Use, your access to our Website, products, and/or services constitutes a trespass and/or conversion.

CHANGES TO THIS AGREEMENT
1. VGAME may amend this Agreement at any time in our sole discretion by posting a revised version of the Agreement. Unless we make clear otherwise, access to or continued use of the Website or our products and services after the effective date of the revised Agreement constitutes your acceptance of the revised Agreement.
2. If we make any material change to these Agreement, we will notify you by sending an email, posting a notice through the Website, or any other place(s) appropriate.
VGAME’S ONLINE MARKETPLACE
1. VGAME operates an online marketplace through the Website where users may submit and upload a variety of works, including, but not limited to music, sound effects, photographs, and illustrations.
2. All content found on our website, including those provided by VGAME or uploaded by users (hereinafter the “Content”) is licensed pursuant to this Agreement, not sold. Except any Content that are subject to other agreements or subject to the Evaluation License, VGAME grants you a limited personal license to access and view the Content on our Website (the license is worldwide, revocable, non-exclusive, non-sublicensable, and non-transferable), for non-commercial purposes. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Content unless you have a paid license from us.
3. You agree and acknowledge that VGAME is an online intermediary that is covered under various federal, provincial and/or state legislation. VGAME may, in its sole and absolute discretion and for any reasons, may delete, remove, modify, and/or temporarily disable any Content on its Website, including Content that are uploaded by its users.
4. By uploading Content to the Website, you grant to VGAME and its affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, sell, exploit, modify, prepare derivative works of and display the Content, including rights of synchronization. You also warrant that you are the owner of the Content, or are otherwise legally entitled to grant the above rights. You acknowledge that you have obtained permission or consent from any necessary third-parties before uploading the Content and warrant that the Content you upload does not infringe the rights of any third-parties (including any applicable intellectual property and/or personality rights). You agree to waive any moral rights you may have, including the right to be acknowledged as an author, to the maximum extent permitted by applicable law(s).
5. As an exception to the royalty-free stipulation in section 2.4 above, VGAME agrees to compensate you for Content that you upload to the Website, in accordance with this provision:
  1. For any Content that you upload to VGAME, you may set a preferred price for licensing such Content to our users, the pricing which may be modified by VGAME from time to time at VGAME’s discretion.
  2. Any Content you upload to VGAME will be subject to any promotion that VGAME offers to its users. VGAME promotional offers may be offered for a limited period of time and grant licenses on the Content on a royalty-free basis, with perpetual rights, to users who participate in the promotion within the stipulated time period(s). You agree that participation in such promotions is a pre-condition for any entitlement to the share of revenues in the paragraph immediately below.
  3. You shall be entitled to receive a share of 50% of the Net License Revenue for the Content that you upload to VGAME. “Net License Revenue” means the license fees we successfully collect from our users or licensees, excluding any uncollectible sums, refunds, chargebacks, taxes, credit card or similar processing fees, administrative costs for VGAME, and foreign currency exchange charges. Net License Revenue of material(s) that are downloaded by a member with subscription will be distributed based on a 50% share under the “Subscriber Share” model, which is detailed here. VGAME may introduce further models from time to time without notice. You should check this page for periodically for updates.
  4. Net License Revenue shall be calculated using our Subscriber Share model on a periodic basis of no less than 90 days.
  5. You may request VGAME to remit your entitlement to you upon meeting the minimum threshold of $50CAD.
  6. You agree that VGAME may amend the terms under this section from time to time.
  7. You expressly agree that payment of compensation under this section is not a pre-condition to the validity of the license and warranties you granted to VGAME under section 2.4.
  8. Payment of the Net License Revenue is subject to your full compliance with the terms of this Agreement.
  9. You agree that VGAME does not guarantee any minimum level of income or revenue-share.
PRIVACY POLICY
1. VGAME is committed to protecting and respecting the privacy and personal information of our users. Our Privacy Policy lays out the way we collect, use, and disclose the personal information of any individual visiting the Website, and using cookies. The full text of the Privacy Policy can be read here.
2. By accessing or using the Website, or providing any personal information to us, on the Website or otherwise, you are consenting to our use of cookies, and the collecting, processing, sharing, and using your personal information by us. For further details, please review our Privacy Policy.
3. While we strive to comply with applicable laws and our Privacy Policy, you expressly agree that this does not create an enforceable contractual obligation or contractual right.
4. By using our Website, you expressly consent to the sharing and processing of your personal information by us and our subsidiaries for any purpose in respect of providing our products and services to you. You further acknowledge that some of our affiliates may be located outside Canada. You acknowledge that your personal information may be subject to the privacy protection laws of these other countries, which may differ from Canada, and in some cases, may provide less protection.
EVALUATION LICENSE
1. As a user of the Website, as long as you are in full compliance with the terms of this Agreement, VGAME grants you a personal, limited, non-commercial and non-transferable license for sixty (60) days (hereinafter the “Evaluation License”) to:
  1. Preview thumbnail versions of any Content displayed on the Website; and
  2. Download any full-length Content that VGAME may permit you to access, in VGAME’s sole discretion, or allow access to you for evaluation purposes.
2. Content accessed under the Evaluation License may be used solely for your internal evaluation for no longer than sixty (60) days and the Evaluation License for that Content automatically terminates at that time. Upon termination, all copies of any Content accessed using the Evaluation license must be permanently destroyed forthwith.
3. You agree that any Content under the Evaluation License may not be copied, distributed, published, displayed, sublicensed, or in any other way used or made available to any third party, without a further license from VGAME.
4. VGAME may terminate your Evaluation License at any time by giving you notice.
RESTRICTIONS ON USE OF THE WEBSITE
1. You will access and use the Website for lawful purposes only, and only in accordance with this Agreement, and any other applicable the guidelines, policies, restrictions, and terms on the Website. You will not do any of the following (or assist anyone else) on the Website:
  1. Solicit any other user of the Website;
  2. Advertise any product or service, without prior permission of VGAME;
  3. Commit any fraudulence, criminal offense, or in any other way participate in any unlawful activity;
  4. Upload, send, or in any other way provide to us any Content that infringes, misappropriates, or violates any third-party’s copyright, trademark, patent, privacy, publicity, or any other legal right;
  5. Upload, send, or in any other way provide to us any Content that is illegal, offensive, threatening, abusive, indecent, defamatory, harassing, and/or menacing, or that promotes hatred or violence towards, or directly attack or threaten or make ad hominem attacks on any others, based on race, ethnicity, nationality, religion, gender, gender identity, sexual orientation, age, disability, marital status, or veteran status;
  6. Conduct or participate in any activity consisting of or containing software viruses, malware, spyware, or spam of any form;
  7. Post, distribute, or provide any information to us that is intentionally false, or intended to mislead or deceive others as to the source of Content;
  8. Impersonate any other person or entity, use a false email address, or participate in any other tactics intended to confuse, mislead, or deceive others;
  9. Resell or make commercial use of the Website and any parts or materials included in or on it, except as expressly permitted by the Publisher’s Agreement regarding the downloading of Content;
  10. Collect or use any Content descriptions or information or prices, except to evaluate the purchase of a Content license under the Publisher’s Agreement, or as permitted by the Publisher’s Agreement regarding Content downloads;
  11. Copy or download any user, member, registrant, Content for the benefit of yourself or any other person, merchant, or website, except as laid out in the Publisher’s Agreement regarding facilitated use of Content downloads;
  12. Utilize any form of data mining, bots, or other data gathering and extraction tools on the Website, or access the Website by any other automated means;
  13. Frame or enclose the Website or any part thereof, any Content, trademark, logo, or proprietary information or Website contents without first receiving written consent from VGAME;
  14. Use or place any meta tags or any other type of hidden text using our names and/or trademarks without first receiving our written consent;
  15. Take or participate in any action that in any way may impose unreasonable or excessively large load on our servers or other infrastructure, or use the Website in any way that causes, or may cause, use of and access to the Website to be interrupted, damaged or impaired in any way. This includes, but is not limited to uploading, linking to, or distributing any Content or communication with intent to damage or disrupt the Website, or another user or contributor’s device or computer, or that is intended to compromise the privacy or account security of another user in any way;
  16. Provide to us, or post the private or personal information of any other user without the explicit written consent of said user;
  17. Upload or provide to us any Content promoting, or endorsing alcohol, tobacco, firearms and weapons, pharmaceuticals, and any other regulated goods and services in Canada, or other countries where the Website is made available; and/or
  18. Exploit the Website or any parts thereof for commercial purpose or gain without receiving prior written consent from us.
2. At any time, for any reason, and without any prior notice, we may, at our sole discretion, terminate or limit the access to or use of the Website, products, or services, without refund for any fees that have already been paid to VGAME.
USE OF FEEDBACK
1. You expressly grant VGAME and its affiliates an perpetual, irrevocable, worldwide, non-exclusive, royalty- free, sublicenseable and transferable license to use, reproduce, distribute, sell, exploit, prepare derivative works of and display the comments, information, ideas, concepts, techniques, reviews, or any other material that you submit or otherwise send to us (hereafter referred to as “Feedback”).
2. You agree to waive any moral rights you may have in the Feedback, to the maximum extent permitted by applicable law(s).
3. You agree that VGAME may create derivative works from the Feedback and VGAME shall be the sole and exclusive owner of such derivative works.
4. When providing Feedback, you understand and agree that no consideration of any sort will be paid to you and you waive any claim against VGAME regarding the use of said Feedback.
USER ACCOUNTS
1. You agree that:
  1. You will not share your user ID or password obtained or used in connection with your use of or access to the Website (hereafter referred to as “User Codes”) with any other person or entity;
  2. You will take all the necessary precautions to keep User Codes confidential;
  3. You are responsible for all acts or breaches that occur under your User Code;
  4. You agree to notify us immediately, and in writing, in the event that you learn any User Code has been lost, stolen, or improperly disclosed to a third party, or if the confidentiality has been compromised in any way; and
  5. You must also notify us if you suspect any unauthorized attempts to access and/or use the Website using your User Codes
2. Some services we provide may involve fees for the user and you agree to pay all fees associated with your User Code(s).
3. By logging any information on the Website, you consent to receive electronic communication from us, and you agree that all agreements, notices, disclosures, and other communications provided to you by us electronically satisfy any legal requirement that such communications be in writing.
ACCOUNT CANCELLATION AND REFUNDS
1. All users of this Website are entitled to cancel their account at any time by sending an email to vgame@vgame.ca with the subject line: "Cancel Account." VGAME will delete any user uploaded audio and/or music content ("Tracks") from our system within 3 - 5 business days. Any licenses entered into before cancellation will remain in effect pursuant to the terms of the licenses, if any. For clarity, while VGAME will cease to offer and publish said Tracks on the Website, any Tracks already licensed to users prior to cancellation will continue to be available to said licensed users for download through their account.
2. Because licensees are provided with download access immediately upon purchase, VGAME will handle refund requests on a case-by-case basis. If you wish to request a refund for any product or license obtained through VGAME, please contact VGAME at vgame@vgame.ca with the subject line: "Refund Request," along with relevant information pertaining to your account and the Tracks or products with which you are having trouble. Note that with digital content, you may not be entitled to refunds for any content that has been downloaded.
PRODUCTS AND SERVICES OF THIRD-PARTIES
1. The Website may include links, or references to other sites, services, and resources, including, but not limited to payment processors and gateways. VGAME is not responsible for, does not control, and does not endorse these sites, services, and resources.
2. You agree that VGAME is not responsible, or liable for (whether directly or indirectly) for any damage or loss caused by, or related to use of or reliance on any content, events, goods and/or services provided by or through any of these sites, services, or resources.
3. Any interactions or dealings you have with third parties found while using the Website will be between you and the third party; you agree that VGAME is not liable for any cost, loss, or damages arising directly or indirectly from your dealings with or claims against third parties
NO WARRANTY
1. VGAME HAS NO FIDUCIARY DUTY TO ANY USER. THE WEBSITE, CONTENT, AND ANY OTHER PRODUCT OR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VGAME AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. VGAME AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE WEBSITE, CONTENT, AND ANY OTHER PRODUCT OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER(S) ON WHICH THE WEBSITE ARE HOSTED, OR ANY SERVICES AVAILABLE ON ANY THIRD PARTY PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF VGAME OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE THROUGH THE USE OF THE WEBSITE, OR ON THIRD PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SERVICES PROVIDED ON ANY THIRD PARTY PLATFORM, ARE ENTIRELY AT YOUR OWN RISK.
DISCLAIMER OF LIABILITY AND INDEMNIFICATION
1. Use the Website at your own risk. We make no representations about the quality, safety, accuracy, morality or legality of any Website, Content, and any other product or services that we provide.
2. We do not control or endorse Content posted on the Website by our users and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such Content.
3. VGAME is not liable for any damages or losses related to your use of the Website, Content, and any other product or services that we provide.
4. In the event that you have a dispute with another user of our Website, you expressly agree to resolve such dispute directly with that user and that VGAME shall have no involvement of any form whatsoever.
5. You release us from all claims. When you use the Website, Content, and any other product or services that we provide, you release VGAME from claims, damages, and demands of every kind - known or unknown, suspected or unsuspected, disclosed or undisclosed - arising out of or in any way related to the Website, Content, and any other product or services that we provide.
6. The Website, Content, and any other product or services that we provide are used or accessed entirely at your own risk and you are solely responsible for any resulting damage or loss to any party.
7. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE, CONTENT, AND ANY OTHER PRODUCT OR SERVICES THAT WE PROVIDE, AND ANY CONTACT YOU HAVE WITH OTHER USERS OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER VGAME NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, CONTENT, AND ANY OTHER PRODUCT OR SERVICES THAT WE PROVIDE WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VGAME HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE SERVICES; (F) ANY COMMUNICATIONS OR OTHER INTERACTIONS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE; OR (G) ANY DERIVATIVE WORK YOU MAY CREATE USING OUR CONTENT.
8. IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF VGAME AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE WEBSITE, CONTENT, AND ANY OTHER PRODUCT OR SERVICES THAT WE PROVIDE, OR FROM SUCH USE OF OR INABILITY TO USE EXCEED FIFTY DOLLARS USD.
9. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS VGAME, ITS SUBSIDIARIES AND AFFILIATED COMPANIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, CONTRACTORS, REPRESENTATIVES, AGENTS, AND THIRD PARTY PROVIDERS FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS) AND ALL AMOUNTS PAID IN SETTLEMENT ARISING FROM OR RELATING TO, BREACH OF THIS AGREEMENT (INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF THIRD-PARTY RIGHTS FOR THE CONTENT THAT YOU UPLOAD TO US) OR VIOLATION OF ANY LAWS. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU HAVE AGREED TO INDEMNIFY US AND YOU AGREE TO ASSIST AND COOPERATE WITH US AS REASONABLY REQUIRED IN THE DEFENSE OR SETTLEMENT OF ANY SUCH MATTERS.
10. YOU AGREE THAT THIS SECTION TITLED DISCLAIMER OF LIABILITY AND INDEMNIFICATION SHALL BE CONSTRUED UNDER THE LAWS OF THE PROVINCE OF BRITISH COLUMBIA, CANADA.
Reporting Copyright and Other Intellectual Property Issues to VGAME
1. We take intellectual property rights very seriously. We comply with intellectual property laws and industry best practices in order to maintain the integrity our Website, Content, and any other product or services that we provide.
2. The USA Digital Millennium Copyright Act (“DMCA”) and/or the Canadian Copyright Act sets out the legal system to report notices of alleged copyright infringement, and VGAME also maintains policies concerning claims of trademark and patent infringement.
3. We will respond to notices of alleged infringement if they comply with the law and any of our applicable policies. We reserve the right in our sole discretion to delete or disable Content alleged to be infringing, and to terminate user accounts for repeat infringers.
DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
1. We encourage you to contact us if you have an issue, as most issues can be resolved directly. If negotiations do not resolve any disputes you have with VGAME in respect of this Agreement, you and we agree to submit the dispute to arbitration. The only exceptions to arbitration are (1) for intellectual property claims alleging misuse, infringement, or misappropriation of intellectual property; (2) for claims falling within the jurisdiction of small claims court; and (3) where you have opted out of arbitration in accordance with this Agreement.
2. This arbitration shall be administered by British Columbia International Commercial Arbitration Centre under the International Commercial Arbitration Rules of Procedure or Domestic Commercial Arbitration Shorter Rules of Procedure, as applicable.
3. You can opt-out of the arbitration and class action waiver provisions set forth above by sending an email (from your registered email address on VGAME) letting us know that you are opting out by e-mailing us at legal@vgame.ca with the subject line, "ARBITRATION OPT-OUT" within thirty (30) days of your first use of the Website.
4. Any request to opt-out of arbitration notwithstanding, you agree that no class arbitrations or other grouping of parties are allowed. By agreeing to this Agreement, you waive the right to participate in a class action or representative proceeding. If this prohibition of class actions, class arbitrations or other grouping of parties is deemed unenforceable, then this section 12.4 shall severed from the Agreement.
5. This “Dispute Resolution, Arbitration and Class Action Waiver” section shall survive any termination of your account, this Agreement, or your use of our products or services.
GENERAL PROVISIONS
1. The parties agree that this Agreement does not create a joint venture, partnership, employment relationship, or franchise or fiduciary relationship of any sort between the parties.
2. If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the party seeking such compensation.
3. No waiver of any default under this Agreement will apply to any subsequent default, regardless of whether the default is of a similar nature, nor will any such waiver be interpreted as a waiver of any other provision of this Agreement.
4. This Agreement is binding upon all parties and their respective estates, heirs, successors permitted assigns of the parties. You agree that you will not assign this Agreement without VGAME’s consent. VGAME may at any time assign this Agreement without your consent.
5. This Agreement shall be governed, construed, and enforced in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of laws rules, except that the “DISCLAIMER OF LIABILITY AND INDEMNIFICATION” section shall be governed, construed, and enforced in accordance with the laws of the Province of British Columbia , Canada, without regard to its conflict of laws rules
6. The parties agree that this Agreement is not intended to, and do not provide any rights, benefits, or remedies of any type whatsoever, to any third person or entity.
7. You acknowledge that damages alone would not be an adequate remedy for your breach of any of the provisions of this Agreement. Accordingly, without prejudice to any other rights and remedies VGAME may have, VGAME shall be entitled to the granting of equitable relief (including without limitation injunctive relief) concerning any threatened or actual breach of any of the provisions of this Agreement.
8. This Agreement, together with the Commercial Agreement, if applicable, constitutes the entire agreement between the parties and supersedes all prior agreements or understandings, whether written or oral, regarding the Website. Additional terms and conditions may apply for your use of our products and/or services.

Terms of use