Effective Date: September 6, 2023
These Terms of Use ("Terms") form a legal agreement between ONEUP Games Ltd ("ONEUP ", "we", "our" or "us") and you ("you", "your" or "user") and apply to the use of all services provided by ONEUP, including your use, access and/or download of games developed and/or published by ONEUP (the "Games"), whether on your computer, on a mobile device, on our website at https://oneupgames.gg/ (the "Website") or any other website, device or platform. These Terms also apply to any other services that we may provide in relation to the Games or the Website, such as customer support or any social functions (all of the foregoing referred to herein as, the "Services"). BY DOWNLOADING, INSTALLING, USING OR OTHERWISE ACCESSING ANY PART OF THE SERVICES, OR BY CLICKING ON THE "I ACCEPT" BUTTON, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONSENT TO THE COLLECTION, USE, AND STORAGE OF YOUR INFORMATION AS OUTLINED IN OUR PRIVACY POLICY. THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, SO IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT USE OUR SERVICES.
For use of our Services, you agree that you are at least 12 years old and that if you are between 12 years and 18 years old, your legal guardian has reviewed and agrees to these Terms and our Privacy Policy and is happy for you to access and/or use our Services. IF YOU ARE NOT AT LEAST 12 YEARS OF AGE, YOU MAY NOT BE ABLE TO USE ALL PARTS OF THE SERVICES OR SUBMIT ANY INFORMATION TO ONEUP. ONEUP reserves the right to refuse any user access to the Services without notice for any reason, including, but not limited to, any breach of the Terms. You agree that ONEUP may suspend or discontinue the Services or any part thereof or change the content of the Services at any time, for any reason, with or without notice, and without liability.
Our Privacy Policy https://oneupgames.gg/gg_privacy.html, which is incorporated by reference into these Terms, sets out how we use, protect and disclose your personal information.
In order to access or use some of the features of the Services, you may be required to register by opening an account ("Account") or by signing in via your account on a third party website or application, social network, platform or store (such as Facebook) ("Third Party Platform"). To create an Account, you will be asked to provide certain information, which may involve: (a) registering a unique user name and password ("Login Information"); (b) providing contact information, such as your name, phone number, and email address; (c) payment and billing information; and (d) any other information we request on the Account registration form. If you forget your Login Information, you may notify us for help, as detailed below. You are responsible for keeping your Account information secure. Please do not share your Account information with anyone and notify us right away if you have lost control of your Login Information or you suspect there is unauthorized activity in your Account. You remain fully liable for any actions taken in respect of your Account, regardless of whether these actions were taken by you or an unauthorized third party that has gained access to your Account. By providing contact information to us, you agree that we may send you promotional or marketing messages to the e-mail address and/or telephone number (either via voice call or SMS text) you provided. You can opt out of receiving promotional or marketing communications from us by following the unsubscribe instructions included in our marketing communications or changing your notification settings within your ONEUP account.
If you access the Services through a Third-Party Platform as part of the functionality of the Services, you may link your Account with your account with such Third-Party Platform (the "Third Party Account"), by allowing ONEUP to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third Party Account login information to ONEUP and/or grant ONEUP access to your Third Party Account (for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating ONEUP to pay any fees or making ONEUP subject to any usage limitations imposed by such Third Party Platform providers. Note that certain personally identifiable information or personal data that you either provide us or that you post to your Third-Party Account (subject to the privacy settings that you have in such Third-Party Accounts), including your username and photo, may be published on your user profile on your Account and may be made available to other users. You have the ability to disable the connection between your Account and your Third Party Accounts at any time by accessing the "Settings" section of the Game application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY PLATFORM PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY PLATFORM PROVIDERS, AND ONEUP DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION OR PERSONAL DATA THAT MAY BE PROVIDED TO IT BY SUCH THIRD PARTY PLATFORM PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD PARTY ACCOUNTS. Additionally, you agree and understand that your activities on these platforms are also subject to the terms of service and/or privacy policies that apply to such Third Party Platforms.
You must provide accurate and complete information when creating an Account, and update your information (including any contact information) promptly upon any change. You also agree not to misrepresent your identity or age to open an Account, or open an Account on behalf of someone other than yourself. If you provide any information that is untrue, inaccurate, not current, or incomplete, or ONEUP has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, it has the right to suspend or terminate your Account and block you from any and all current or future use of the Services (or any part thereof). ONEUP reserves the right to remove or reclaim any username at any time and for any reason, including in case of claims by a third party that a username breaches any third party's rights or otherwise violates these Terms.
If for any reason you wish to modify your Login Information or other personal information associated with your Account, you may do so by contacting us at support@oneupgames.gg. If you wish to terminate or close your Account, your Account will be terminated and removed within a reasonable timeframe following our receipt of your written request, and from the date of termination you will no longer be able to access your Account, including any Virtual Items (as defined below) or other content associated therewith.
The specific game rules, scoring rules, controls and guidelines for each Game can be found within the Game itself. Such rules, scoring rules, controls and guidelines form part of these Terms and you agree that you shall comply with them in respect of each individual Game which you choose to access and/or play.
You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using the Services. Downloading, installing, or using certain services may be prohibited or restricted by your network provider and not all features of the Services may work with your network provider or device. There may be times when our Services or any part thereof are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
The Services are licensed, not sold, to you for use only pursuant to the Terms, as further detailed herein below.
In the course of using the Services you may win, earn or alternatively purchase, with real world money, certain game credits or prizes, virtual play money coins, tokens, points and virtual in-game items ("Virtual Items"). You are not obligated, at any time, to purchase any Virtual Items and any such purchase may only be made if you are considered a legal adult in your country of residence. You agree that Virtual Items only exist within our Services and can never be exchanged for real money, real goods or real services from us or anyone else. You do not own Virtual Items but instead you purchase a limited, personal, non-transferable, revocable license to use them. YOUR PURCHASE OF VIRTUAL ITEMS IS FINAL AND IS NOT REFUNDABLE, TRANSFERABLE OR EXCHANGEABLE, EXCEPT IN ONEUP 'S SOLE DISCRETION. You may trade Virtual Items within a Game, but only where expressly permitted by Game rules and never for any real money consideration. Any attempted sale or transfer of Virtual Items, in breach of these Terms, shall be null and void and may result in termination of your Account and legal action taken against you. We reserve the right to control, regulate, change or remove any Virtual Items without any liability to you. To the full extent permitted by law, we will not be liable to compensate you in respect of any matter whatsoever related to the Virtual Items, including but not limited to any losses you allege to have suffered or any claims you allege to be entitled to bring. If we suspend or terminate your Account, as set forth in these Terms below, you will lose any Virtual Items that you may have and we will not compensate you for this loss or make any refund to you.
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. ONEUP may revise the pricing for the goods and services offered through the Services at any time. Any separate charges or obligations (including any subscription based fees) that you incur in your dealings with third parties are your responsibility. ANY FEES PAID BY YOU FOR THE SERVICES ARE NON-REFUNDABLE.
using the Services you agree that you are responsible for your own conduct and User Content (as defined herein below) while using the Services, and for any consequences thereof and you agree NOT to (or solicit another user to):
You further represent and warrant that: (1) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country; and (2) you are not listed on any U.S. government list of prohibited or restricted parties.
ONEUP reserves the right to determine what conduct it considers to be in violation of the rules of conduct or otherwise outside the intent or spirit of these Terms, or the Services. In the event of a breach of any of the above, ONEUP will decide at its sole discretion what actions, if any, it will take, including terminating your Account, prohibiting you from using the Services, and/or informing the appropriate authorities.
It is possible for you to contribute to the Services through the submission of content you create or contribute to the creation of ("User Content"). User Content includes without limitation, various kinds of content that are submitted by users (for example, wall posts, messages, reviews, and actions with other end users, including graphics and photographs), as well as any feedback, comments, or suggestions that you provide to us regarding the Services.
You will retain whatever ownership you may have in your User Content, and nothing in these Terms is intended to restrict any rights that you may have to use and exploit your User Content, but you hereby irrevocably grant to ONEUP a perpetual, non-exclusive, worldwide, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit in any manner whatsoever the User Content, or any portion thereof, you submit to the Services or otherwise to ONEUP, by any and all means, and in all forms of media, now known or hereafter developed, and to advertise, market and promote the same. To the extent permitted by applicable laws, you hereby waive any rights of attribution and/or moral rights you may have in or in connection with such User Content regardless of whether your User Content is altered or changed in any manner. Except with respect to your User Content, you agree that you have no right or title in or to any content that appears on or through the Services, including, but not limited to, the Virtual Items appearing or originating in any Game and the Services Content, as defined herein below. YOU WARRANT AND REPRESENT THAT YOU HAVE THE RIGHT TO UPLOAD ANY USER CONTENT THAT YOU SUBMIT TO THE SERVICES AND THAT ONEUP MAY EXERCISE THOSE RIGHTS WITHOUT ONEUP INCURRING ANY THIRD-PARTY OBLIGATIONS OR LIABILITY.
ONEUP reserves the right to control and operate the Services in the manner it deems appropriate. In connection with doing so, we may monitor User Content and your activities in connection with the Services, but cannot monitor or prescreen all of the User Content and do not attempt to do so. We have the right, but not the obligation, to edit, refuse to post, or remove any User Content posted on the Services that we deem objectionable or think violate these Terms, or the spirit of these Terms, in our sole discretion and determination. It is specifically clarified that ONEUP cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not share it on the Services. ONEUP SHALL HAVE NO RESPONSIBILITY TO EVALUATE, USE, OR COMPENSATE YOU FOR ANY IDEAS OR INFORMATION YOU MAY CHOOSE TO SUBMIT. WHEN YOU DISCLOSE INFORMATION OR RELY ON ANY INFORMATION IN THE SERVICES, YOU DO SO AT YOUR OWN RISK.
You agree that ONEUP will not under any circumstances be liable for User Content that is generated by you or other users of the Services, including, but not limited to errors in any User Content, or any loss or damage incurred by use of the User Content. You bear the entire risk of the completeness, accuracy or usefulness of any User Content found in connection with the Services. You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services. You specifically acknowledge that ONEUP shall not be liable for the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. ONEUP reserves the right, but has no obligation, to become involved in any way with any disputes between users. You will fully cooperate with ONEUP to investigate any suspected unlawful, fraudulent or improper activity. IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE US (AND OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
The Terms commence on the date when you "Accept" them (as described above) and remain in full force and effect while you use the Services, unless terminated earlier as set forth herein.
If you want to terminate the Services, you may do so by (a) notifying ONEUP at any time; and/or (b) closing your Account. We may cancel, suspend, or terminate your Account and your access to any of the Games, your Virtual Items, or the Services, at any time and for any reason. It is within our sole discretion to terminate your Account, as aforesaid, without prior notice, including if: (a) your Account is inactive (i.e. not used or logged-into) for one year; (b) you fail to comply with these Terms; (c) we suspect fraud or misuse by you of Virtual Items or other content, including our Services Content; or (d) we suspect any other unlawful activity associated with your Account. We have no obligation or responsibility to, and will not reimburse or refund, you for any Virtual Items lost due to such cancellation, suspension, or termination. You acknowledge that ONEUP is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Virtual Items when your Account is closed, whether such closure was voluntary or involuntary.
Termination of any part of the Services includes removal of access to such part. Termination of the Account includes deletion of your password and all related information, files, and User Content associated with or inside your Account (or any part thereof). ONEUP will not have any liability whatsoever to you for any suspension or termination, including for deletion of your User Content. All provisions of the Terms which by their nature should survive, shall survive termination of the Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
ONEUP retains any and all rights in the Services and its underlying technology, and all information and content available on or through the Services (including applications, software, computer codes, themes, objects, characters, character names, animations, stories, concepts, designs, graphics, content (excluding User Content), Virtual Items, materials, texts, information, pictures, logos, trademarks, service marks, video recordings, game titles, sound, music, audio-visual effects, methods of operations, documentations, character profile information and other files, and their selection and arrangement) (collectively, "Services Content"). The foregoing together with any and all upgrades, updates, enhancements, improvements, modifications and derivative works are owned, controlled and/or licensed by ONEUP.
The Services and all Services Content are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property, moral rights and related proprietary rights ("IPR"). All IPR in the Services and Services Content belong to ONEUP and/or its third-party licensors. All trademarks, logos, and service marks displayed on the Services ("Marks") are ONEUP 's property or the property of other third parties. You are not permitted to use these Marks without ONEUP 's prior written consent or the consent of such third parties which may own the Marks.
Subject to your ongoing compliance with these Terms, we grant you a non-exclusive, personal, limited, revocable, non-transferable license to use the Services (and any applicable Services Content), on compatible devices that you own or control for your personal entertainment use. This includes the right to download and use software that we make available for download as part of the Services, in object code form only. No other use of the Services is authorized and we reserve all rights not expressly granted to you.
YOU MAY NOT:
We may offer, from time to time, limited time promotions, contests, sweepstakes and special offers or promote any features and programs (including offers, excursions and special gifts (both digital and tangible)) to all or to certain eligible users, as we deem fit ("Offers"), and such Offers shall be governed by our promotion rules which we shall provide, in addition to these Terms.
YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE TO ENSURE THAT YOUR USE OF THE SERVICES IN THE JURISDICTION WHERE YOU RESIDE IS PERMITTED PURSUANT TO ALL LOCAL LAWS AND REGULATIONS.
TO THE MAXIMUM EXTENT PERMITTE D BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". ONEUP, its officers, directors, employees, agents and affiliates, disclaim all warranties, express or implied, in connection with the Services and the use thereof, including implied warranties of merchantability, title, quiet enjoyment, fitness for a particular purpose or non-infringement, usefulness, accuracy, completeness, and timeliness.
ONEUP makes no warranties or representations about the accuracy or completeness of the Services, the Services Content, of the content of any sites linked to the Services and assumes no liability or responsibility for any:
ONEUP'S AGGREGATE CUMULATIVE LIABILITY TO YOU ARISING FROM OR RELATING TO THESE TERMS AND THE SERVICES, FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID OneUp IN THE TWELVE (2) MONTHS PRECEDING THE DATE OF THE CLAIM GIVING RISE TO THE LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ONEUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING ANY LOST PROFITS OR LOST DATA OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF THE SERVICES OR OTHER MATERIALS ON, ACCESSED THROUGH, OR DOWNLOADED FROM OUR SERVICES, OR ANY OTHER ACT OR OMISSION BY ONEUP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ONEUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Depending on where you reside and use the Services, some of the limitations contained herein may not be permissible. In such case, they will not apply to you, solely to the extent so prohibited. In particular, nothing in these Terms shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of ONEUP. In such jurisdictions, our liability will be limited to the fullest extent permitted by applicable law.
You agree to indemnify and hold ONEUP, and each of its affiliates, partners, officers, directors, employees, shareholders, agents, licensors, subcontractors and suppliers, harmless from and against any losses, liabilities, claims, demands, damages, costs and expenses, including reasonable attorneys' fees, arising out of or in connection with:
(i) Your use or inability to use the Services;
(ii) Your User Content;
(iii) Your violation of these Terms;
(iv) Your breach of any rights, including any property, privacy right, copyright or other intellectual property right of third parties, including other users of the Services;
(v) Any claim that an action by you in connection with the Services has caused damage to a third party; and
(vi) your breach of any applicable laws, rules, or regulations.
ONEUP reserves the right, at its own cost and sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ONEUP in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms, or your access to the Services.
If you have downloaded the Services from the Apple, Inc. ("Apple"), App Store or if you are using the Services on an iOS device, you acknowledge that you have read, understood and agree to the following notice regarding Apple, as well as the "Usage Rules" set forth in the Apple Media Services Terms and Conditions.
These Terms are between you and ONEUP only, not with Apple, and Apple is not responsible for the Services and the content thereof. Apple has no obligation whatever to furnish any maintenance and support services with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatever with respect to the Services.
Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession or use of the Services, including:
Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Services infringe that third party's intellectual property rights. You agree to comply with any applicable third party terms, when using the Services. Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms, and upon your Acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
The following additional terms and conditions apply with respect to any Mobile Application that ONEUP provides to you designed for use on an Android-powered mobile device (an "Android App"):
These Terms and any action related to these Terms will be interpreted and construed in accordance with the laws of Israel without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded. Notwithstanding the foregoing, if you are a resident of the European Union or the Russian Federation, please note that under certain circumstances you may be able to invoke the protection which is afforded to you by provisions of the law of the country you reside in that cannot be derogated from by agreement.
By agreeing to these Terms, and to the extent permitted by applicable law, you and ONEUP hereby agree to resolve any disputes between us (other than Excluded Disputes, as set forth below) including any dispute concerning the enforceability, validity, scope or severability of these Terms, through final and binding arbitration, pursuant to the arbitration procedure set out below. You further agree that any arbitration procedure shall proceed on an individual basis and shall not proceed as a class, group or representative action. In the event that you have opted out of arbitration, as further detailed below, or that arbitration is otherwise found not to apply to you or your claim, or an Excluded Dispute is involved, you and ONEUP agree that any judicial proceeding (other than as described below) may only be brought in a court of competent jurisdiction in Tel Aviv-Jaffa, Israel and you hereby waive all defenses of lack of personal jurisdiction and forum non conveniens. Notwithstanding the foregoing, you and ONEUP may bring an action in any court of competent jurisdiction (i) to compel arbitration as set forth herein; or (ii) to enforce an arbitral award issued thereunder.
IF YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA, THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS. IF YOU ARE A RESIDENT OF THE EUROPEAN UNION OR THE RUSSIAN FEDERATION, PLEASE NOTE THAT UNDER CERTAIN CIRCUMSTANCES YOU MAY BE ABLE TO BRING A DISPUTE BEFORE THE APPROPRIATE AUTHORITIES OR COURTS IN THE RUSSIAN FEDERATION OR EUROPEAN UNION COUNTRY IN WHICH YOU RESIDE.
If you have an issue that our customer support cannot resolve, prior to starting arbitration, you and ONEUP agree to attempt to resolve the dispute informally to help get us to a resolution and control costs for both parties. You and ONEUP agree to make a good-faith effort to negotiate any dispute between us for at least 30 days from receipt of a notice of dispute ("Notice") by the other party, describing the nature and basis of the claim or dispute, and the requested relief.
A Notice to ONEUP should be sent to: legal@oneupgames.gg. If ONEUP has a dispute with you, we will send you a Notice to your registered email address and any billing address you have provided us.
If you and ONEUP do not resolve the claim or dispute within thirty (30) days after the Notice is received, or through a small-claims court (see below), either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.The following disputes constitute “Excluded Disputes”hereunder: (i) any dispute regarding any of ONEUP's actual or alleged intellectual property rights, (ii) disputes, to the extent that the laws of your local jurisdiction authorize, may be brought in a small claims court, and (iii) legal action taken by ONEUP to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Services, any Services Content, User Content and/or ONEUP's intellectual property rights, and/or ONEUP's operations.
Arbitration shall be initiated through the Israeli Institute of Commercial Arbitration (IICA), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If IICA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The IICA Rules governing the arbitration are available online at http://www.borerut.com/. The arbitration will proceed on an individual basis and will be conducted by a single, neutral arbitrator, in accordance with those rules. You and ONEUP further agree that the arbitration will be held in English in Tel Aviv-Jaffa, Israel, or, if you so elect, all proceedings can be conducted telephonically or via other remote electronic means. The IICA rules will govern payment of all arbitration fees. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and ONEUP. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR ONEUP WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH ABOVE) WITHIN ONE (3) MONTHS AFTER DISCOVERY OF THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED.
You may decline the arbitration procedure by contacting us at legal@oneupgames.gg within 30 days of your first Acceptance of these Terms, as described at the top of these Terms, and stating that you (include your first and last name, and user name) decline this arbitration agreement. By opting out of the agreement to arbitrate, you will not be precluded from using the Services, but you and ONEUP will not be permitted to invoke the mutual agreement to resolve disputes by arbitration under the terms provided herein.
We reserve the right, at our sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. Users are responsible for viewing these Terms periodically. We will note the date last revised at the top of the Terms. Your continued use of the Services after a change or modification of these Terms has been made will constitute your Acceptance of the revised Terms.
These Terms, together with ONEUP's Privacy Policy and Arbitration Agreement, are the entire agreement between you and ONEUP regarding the subject matter herein and govern your use of the Services, superseding any prior agreements with respect to the same subject matter between you and ONEUP.
ONEUP 's failure to exercise or enforce any right or provision in these Terms shall not operate as a waiver of such right or provision. ONEUP will not be responsible for failures to fulfill any obligations due to causes beyond its control.
If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
You may not assign any of your rights or obligations arising under these Terms and any such attempted assignment or transfer shall be void and without effect. We may assign these Terms and any rights or obligations arising therefrom, without restriction.
You agree that the following provisions of these Terms shall survive termination of the Services and/or your Account, for any reason whatever: Privacy; Ownership; IPR Ownership; User Content Ownership and License; Disclaimers of Warranties; Limitation of Liability; Indemnity; Governing Law and Jurisdiction; and Miscellaneous.
The original and controlling version of these Terms shall be the English language version. All translations of these Terms into other languages shall be solely for convenience and shall not control the meaning or application of these Terms.
Some countries may have additional or different terms for users located in that country (“Country Specific Terms”). If you are located in a country that has Country Specific Terms that differ from these Terms, the Country Specific Terms will govern solely to the extent of any such difference.
You must comply with all applicable export and sanction laws and regulations (“Trade Controls”) and may not use, export, import, or transfer the Services or any part thereof or any related technical information or materials, except as authorized by the Trade Controls, the laws of the United States of America, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. The Trade Controls prohibit the use of the Services by any individual located in, under the control of, organized in, or a resident of any country or territory which is the target of sanctions by the U.S. government, any countries designated as an “enemy”. In addition, ONEUP may prohibit the use of the Services in any country due to local legislation requirements or for any other reason upon its sole discretion.
For information, support or questions, please contact us at: hello@oneupgames.gg.
Postal contact details are: ONEUP Games Ltd. (company ID number 516531019), 85 Medinat Hayehudim Street, Herzliya, 4676670, Israel