Indemnification and Proprietary Rights
Last updated
Last updated
8. INDEMNIFICATION BY US
At your own expense, you agree to indemnify and hold us, our directors, officers, employees, and agents free from any and all claims, disputes, liabilities, judgments, settlements, actions, debts or rights of action, losses of any kind, and all costs and fees, including reasonable legal and attorney's fees that may arise in connection with or related to:
a. if you violate these Terms;
b. the violation or failure to meet any of the promises, guarantees, or obligations made by you in these Terms;
c. any use of the wallet, Site, and Services by you or any other person;
d. if you provide false, incomplete, or misleading information (including information about your citizenship, residency, or nationality); and/or
e. if you engage in negligence, fraud, or misconduct, you are responsible for indemnifying us and our directors, officers, employees, and agents from any claims, disputes, liabilities, judgments, settlements, actions, debts or rights of action, losses, costs, and fees, including legal and attorney's fees. Zelta Labs LLC reserves the right to take exclusive control and defense of any such matter at your expense, and you agree to assist in our defense. You may not settle any matter without our written approval. Zelta Labs LLC will make reasonable efforts to inform you of any claims, actions, or proceedings when we become aware of them.
9. PROPRIETARY RIGHTS
9.1 License of Services
Except for third-party software integrated into the Software or Service, Gaming Arcade owns all the technology, content, and other materials used, displayed, or provided in connection with the Services, including any intellectual property rights associated with them. Gaming Arcade grants you a limited, non-transferable, and revocable license to access and use the proprietary portions of the Services.
9.2 Trademarks
The names, logos, and marks of Gaming Arcade's products or services, which are used on the Site or as part of the Service, including Gaming Arcade's name and logo, are trademarks that belong to Gaming Arcade, its affiliates or its respective licensors. Without Gaming Arcade's (or the applicable licensor's) prior written consent, you may not copy, imitate, or use them.
9.3 User Content
By agreeing to these Terms, you are giving us permission to use any communication, materials, content, or information that you submit to us through the Site or Services ("Content"). This includes a worldwide, perpetual, unrestricted, royalty-free license to use, copy, modify, perform, transmit, distribute, publish, and display the Content, and you waive any moral rights you may have in the Content. We may use the Content for any purpose and are not liable to compensate you for it. However, if you use or share Content in a way that infringes on others' intellectual property or privacy rights, you are in breach of these Terms. You represent and warrant that you have all necessary rights for the Content you upload or share on the Services and that its use will not violate any Applicable Laws. If your Wallet is suspended, and your IP address terminated, we may permanently delete your Content from our servers, and we are not obligated to return it to you unless required by Applicable Law.
10. LIABILITY RESTRICTIONS
10.1
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS OR LICENSORS WILL NOT BE HELD LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA, OR GOODWILL), OR INCIDENTAL DAMAGES THAT MAY ARISE IN CONNECTION WITH THESE TERMS, THE WEBSITE, OR ANY INFORMATION. SERVICES, PRODUCTS, OR SOFTWARE THAT IS MADE AVAILABLE OR ACCESSIBLE TO YOU, WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER TORT, BREACH OF STATUTORY DUTY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, EVEN IF WE OR OUR THIRD-PART SUPPLIERS OR LICENSORS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2
AS FAR AS APPLICABLE LAW ALLOWS, THE MAXIMUM AMOUNT OF OUR LIABILITY TO YOU THAT IS RELATED TO THESE TERMS WILL BE LIMITED TO US$50.00. HAVING ONE OR MORE CLAIMS AGAINST US WON’T INCREASE YOUR LIABILITY BEYOND THAT LIMIT. oUR SUPPLIERS OR LICENSORS WILL HAVE NO LIABILITY FOR OUR PRODUCTS, INFORMATION, OR SERVICES IN ANY EVENT.