This website (high5games.com or h5g.com, collectively “H5G”) hosts an interactive and informational platform regarding PTT, LLC’s (d/b/a High 5 Games) gaming resource in the social and wager gaming industries. The following governs your access and use of H5G, including all information, games, accounts, multimedia, comments, and other information and/or any other content (collectively, “Content”) available on or through H5G, as engaged by you or other users. For convenience, H5G shall include PTT, LLC (d/b/a High 5 Games), its executives, directors, employees, contractors and affiliates.
BY ELECTRONICALLY ACCESSING H5G AND/OR ENGAGING IN ANY OF THE INFORMATIONAL OR INTERACTIVE MULTIMEDIA SERVICES PROVIDED BY OR THROUGH H5G, YOU AGREE:
IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING WITHOUT LIMITATION THE PRECEDING ACKNOWLEDGEMENT, THEN DO NOT ACCESS, BROWSE OR USE H5G OR ANY OF THE CONTENT. MOREOVER, H5G DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE H5G OR THE CONTENT WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING WITHOUT LIMITATION THE PRECEDING AGREEMENT AND ACKNOWLEDGEMENT.
H5G may contain links to third party websites that are not owned or controlled by H5G. H5G has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, H5G will not and cannot censor or edit the content of any third-party site. By using H5G, you expressly relieve H5G from any and all liability arising from your use of any third-party website.
H5G hereby grants you permission to access and use H5G as set forth herein, provided that:
You agree by accessing, browsing or otherwise using H5G, H5G and the Content are and remain the sole property of H5G or third-party providers, as applicable. Except as expressly permitted by H5G in writing, you agree that your license to access, browse and/or use this content is limited solely to a personal, revocable, nonexclusive, non-transferable license to (i) access and view H5G and the content, and (ii) upload and store any Content for your non-commercial use (with the exception of any fiscal or monetary reward provided by H5G) and not for resale or distribution to anyone else. You also agree that, with respect to any copy of the Content that you are permitted upload, download, store and/or record/print, you will reproduce and include all copyright and other proprietary notices included in such Content.
Unless otherwise provided in writing by H5G, no license provided herein authorizes you to copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of H5G or any of the content, in whole or in part, in any form or by any means, whether manual or automatic.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on H5G.
H5G may monitor or review any areas on H5G where users upload Content, transmit or post Content or communicate with each other, or the like. However, H5G does not undertake to monitor or review every posting or communication, and H5G disclaims any liability related to the content of any such postings and communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
While H5G may monitor the content of the communications from time to time, H5G does not endorse, support, sanction, encourage, verify, or necessarily agree with the comments, opinions, or statements posted. Any information or material placed online are solely the views and responsibility of those posting such statements, and do not necessarily represent the views of H5G. H5G, in its sole discretion, reserves all rights to discontinue this service generally or to any user at any time.
H5G may disclose any records, electronic communications, information, materials or other content of any kind (i) if H5G believes in good faith that the law or legal process requires it; (ii) if such disclosure is necessary or appropriate to operate H5G; or (iii) to protect our rights or property or the rights or property of our users and business partners.
H5G’s novel methodologies, technological improvements and overall business methods (collectively “Patentable Subject Matter”) are the subjects of pending patent application(s) in the United States and world-wide.
H5G and the Content contained and referenced therein are subject to copyrights owned by H5G, and is for your informational and entertainment purposes only. Any reproduction, retransmission or other use is strictly prohibited, except as otherwise provided herein or in writing by H5G. Requests for permission to reproduce any of the prohibited Content should be addressed by writing to High 5 Games, 1200 Macarthur Boulevard, Mahwah, New Jersey, 07430, USA.
All trademarks, service marks, titles, domain names, logos, and company names (collectively ” Trademarks”) referred to on H5G are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of H5G or its affiliates or licensors. In countries where any of the H5G trademarks, service marks, domain names, logos and company names are not registered, H5G claims other rights associated with unregistered trademarks, service marks, domain names, logos, and company names. Other product or company names referred to on H5G may be trademarks of their respective owners.
H5G does not grant to you any rights under any of the Trademarks, and you agree that you may not use any of the Trademarks without permission from the owner of such Other Trademark. With respect to the Other Trademarks owned by H5G, you may contact H5G by sending a letter to High 5 Games, 1200 Macarthur Boulevard, Mahwah, New Jersey, 07430, USA to request written permission to use the trademarks for purposes other than stated herein or for all other questions relating to H5G.
All right, title and interest in and to the Content, including without limitation the graphical display and arrangement of H5G and the Content, and all intellectual property rights embodied therein, are the property of H5G or its licensors, suppliers or affiliates.
Without limiting the foregoing, with respect to the databases (“Databases”) used to store the Content, you agree and acknowledge that:
In addition, you acknowledge that the Content, Databases and any other information contained therein are protected by law, including, but not limited to, United States and international copyright law and trademark law, as well as other state, federal, and international laws and regulations, including contract law, and laws pertaining to privacy and publicity.
H5G vigorously enforces its intellectual property rights to the fullest extent of the law. Accordingly, H5G may prosecute any unauthorized use or reproduction of any of the Content, Databases and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.
H5G AND THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. H5G MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. H5G AND THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. H5G DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES AND CONDITIONS EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE, THE CONTENT, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH H5G.
H5G DOES NOT REPRESENT OR WARRANT THE AVAILABILITY OF THE SITE, THAT H5G AND YOUR USE OF H5G WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT H5G OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. H5G DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF H5G AND/OR THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPLICABILITY OR OTHERWISE. YOU (AND NOT H5G) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN ADDITION TO THE FOREGOING, YOU AGREE THAT YOUR USE OF H5G AND THE CONTENT IS AT YOUR OWN RISK.
H5G WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF H5G AND THE CONTENT, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. H5G WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, H5G AND THE CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH H5G, EVEN IF THERE IS NEGLIGENCE BY H5G OR BY AN AUTHORIZED H5G REPRESENTATIVE, OR AN AUTHORIZED H5G REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. H5G’S TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO H5G, IF ANY, TO ACCESS H5G.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS H5G, H5G’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM:
You absolve and release H5G and our affiliates from any claim of harm resulting from any cause(s) over which we or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
H5G reserves the right, at any time and for any reason, without notice to you, (i) to deny you access to H5G and any of the Content; or (ii) to change, remove or discontinue any of the Content or services available on or through H5G.
Any legal notice, other document or communication required or permitted hereunder to H5G will be deemed to have been duly given only if in writing and delivered by certified U.S. mail, return receipt requested, postage prepaid, to High 5 Games, 1200 Macarthur Boulevard, Mahwah, New Jersey, 07430, USA.
Notices to H5G shall be deemed delivered when actually received by H5G or its authorized representatives.
Any notice or other document or communication required or permitted hereunder to you will be sent to the e-mail address that you provide to H5G when you register. Such notice will be deemed received by you the next business day after the e-mail is sent.
Should you elect to send or receive e-mail communications of any kind to or from H5G, you represent and warrant to H5G that your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.
Except as described otherwise, H5G is controlled and operated from within the United States of America and makes no representation that the Content are appropriate or available for use in other locations. If you use H5G from other locations, you are responsible for compliance with applicable local laws including, without limitation, all export laws. Some of the Content may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or reexported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to anyone in the US Treasury Department’s Specially Designated national list, or (c) to anyone on the US Commerce Department’s Table of Denial Orders. If you download or use the Content you represent and warrant that you are not located in, or under the control of, or a national or resident of any such country or on any such list.
Access, browsing and use of H5G, the Content and the terms and conditions of the User Agreement are governed by U.S. federal law and/or the laws of the State of New Jersey, excluding any conflict of laws provisions that would refer to and apply the substantive laws of another jurisdiction.
SUBJECT TO THE MANDATORY ARBITRATION PROVISION BELOW, ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF NEW JERSEY, U.S.A., YOU AND H5G AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.
Any controversy or dispute between you and H5G (the “parties”) concerning H5G or the Content shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be governed exclusively by the Federal Arbitration Act, and arbitration shall take place according to the Commercial Rules of the American Arbitration Association. The arbitration will be held in New Jersey. Each of the parties shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify the terms of this Agreement or to award punitive or exemplary damages, and the award may be enforced by judgment. Before, during, or after arbitration each party shall have the right, without awaiting the outcome of the arbitration, to seek interim injunctive relief from an appropriate court including but not limited to temporary restraining orders or preliminary injunctions. Seeking any such remedies shall not be deemed a waiver of either party’s right to compel arbitration.
No delay or omission by H5G to exercise any right occurring upon any noncompliance on your part with respect to any of the terms and conditions contained herein will impair any such right or power or be construed to be a waiver thereof. Any waiver by H5G of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.
If any of the terms and conditions contained herein are adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect.
H5G is an independent contractor; nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between you and H5G.
This constitutes the entire agreement between you and H5G with respect to your use of H5G and the Content, and supersedes any and all prior understandings or agreements between you and H5G, whether written or oral. You acknowledge that, in providing you access to and use of H5G and the Content, H5G has relied on your acceptance of this agreement.