Terms

IMPORTANT LEGAL NOTICE; ACCEPTANCE OF TERMS

TopLine Game Labs, LLC (“TopLine,” “we,” “us” or “our”) provides the website located at https://www.fannation.com and other websites through which the Services are accessed (the “Site”), our branded mobile applications as well as mobile applications that we develop and host for third parties and that contain third-party branding (“Apps”), and our other software, services, content and products (collectively, together with the Site and Apps, the “Services”). These terms (these “Terms”) govern our provision and your use of the Services in connection with which these Terms are posted.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES.

PLEASE NOTE THAT OUR SERVICES MAY ONLY BE ACCESSED BY RESIDENTS OF THE UNITED STATES. CERTAIN OF OUR SERVICES MAY ONLY BE USED BY RESIDENTS OF CERTAIN STATES AND ONLY WHILE PHYSICALLY PRESENT IN SUCH STATES. PLEASE REVIEW CAREFULLY SUCH RESTRICTIONS WHICH ARE DESCRIBED BELOW UNDER “ELIGIBILITY”.

These Terms constitute a contract between you and TopLine. Please read these terms carefully before clicking the “I Agree” button or downloading, installing, accessing or using the Services. By clicking the “I Agree” button or by downloading, installing, accessing or using the Services you accept and agree to be bound by these Terms. You may not use the Services if you do not agree to these Terms. Supplemental rules, conditions and terms may apply to certain Services, including the rules (“Rules”) that are applicable to each of our fantasy sports contests (“Contests”). Such rules, conditions and terms will be disclosed to you in connection with the Contest or other Service or activity to which they relate.

Your use of the Services will be governed by these Terms, the Rules and our Privacy Policy. These Terms contain the entire agreement and understanding between you and TopLine and supersede all prior agreements between you and TopLine regarding the Services.

TopLine may, from time to time, modify these Terms, as well as the Rules and Privacy Policy, with or without notice to you. Such modifications shall be effective as soon as the modified version of these Terms, the Rules or Privacy Policy is posted to the Services. Your continued use of any part of the Services after such posting of modifications constitutes your acceptance of such terms and conditions, as modified, and you will be bound by all such modifications.

The Services are always evolving and the form and nature of the Services that TopLine provides may change from time to time without prior notice to you. In addition, TopLine may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice.

LIMITED LICENSE; RESTRICTIONS ON USE

Subject to these Terms, you are hereby granted a limited, non‑sublicensable, non-transferable, non-exclusive, revocable, license to install, access and use the Services solely for personal, non‑commercial purposes strictly in accordance with these Terms and in accordance with all other agreements, including any Rules, that you may have entered into in connection with the Services. You agree to comply with any and all rules, restrictions and disclaimers that are posted on the Services. You may use the Services only for personal use.

You agree to not use the Services in any manner that may impair, overburden, damage, disable or otherwise compromise (a) any TopLine services or products; (b) any other party’s use and enjoyment of any TopLine services or products; or (c) any services or products of any third parties.

You agree to comply with all applicable laws, rules, regulations and applicable usage rules governing the downloading, installation and/or use of the Services.

From time to time, TopLine may offer updates for the Services. Such updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Services software. By using the Services, including downloading and installing the Apps, you agree, as applicable, to download, install and/or use such updates to achieve full functionality of the Services and you authorize the automatic download and installation of all automatic updates.

We expressly prohibit the use of devices (including software) designed to provide repeated automated access to the Services, including for any commercial purpose, except for those devices expressly authorized by us. We reserve the right to take any and all measures necessary to prevent such access, including denial or termination of your access to the Services.

PROPRIETARY RIGHTS

The Services are our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names or other intellectual property rights in the Services are owned by us or our licensors or licensees. You acknowledge that we retain full and complete ownership of the Services and that you acquire absolutely no rights or licenses hereunder in or to the Services or our intellectual property other than the limited right to use the Services in accordance with these Terms. Except as expressly authorized herein, you may not reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate or commercially exploit the Services or any of our intellectual property in any manner (including electronic, print or other media now known or hereafter developed) without our written consent.

ELIGIBILITY

In order to participate in a Contest, you must open and maintain an “Account”, as described below under the heading “Account Registration”. Contests can either be entered for an entry fee to play for cash prizes (each a “Pay Contest”), or without an Entry Fee and without prizes (each a “Free Contest”). Except as otherwise provided herein, Free Contests are open to Account holders who are at least eighteen (18) years old (or the of age of majority within your jurisdiction, whichever is older), and who are legal residents of the fifty (50) United States or the District of Columbia, and who are physically located in and using the Services from one of the fifty (50) United States or the District of Columbia.

Pay Contests are open only to Account holders who are at least eighteen (18) years old (or the of age of majority within your jurisdiction, whichever is older), and who are legal residents of one of the following states: Alabama; Alaska; California; Colorado; Connecticut; Delaware; Georgia; Hawaii; Idaho; Illinois; Indiana; Iowa; Kansas; Kentucky; Maine; Maryland; Massachusetts; Michigan; Minnesota; Mississippi; Missouri; Nebraska; Nevada; New Hampshire; New Jersey; New Mexico; New York; North Carolina; North Dakota; Ohio; Oregon; Pennsylvania; Rhode Island; South Dakota; Tennessee; Texas; Utah; Vermont; Virginia; West Virginia; Wisconsin; or Wyoming; or the District of Columbia, and only while physically located in and using the Services from one of such states or the District of Columbia (the “Permitted States”). Topline reserves the right to modify or amend the list of Permitted States at any time and from time to time in its sole discretion.

Pay Contests are NOT open to Account holders who are legal residents of one of the following states: Arizona, Arkansas, Florida, Louisiana, Montana, Oklahoma, South Carolina or Washington (the “Restricted States”) or Owners of Accounts who are physically located in and using the Services from a Restricted State. Topline reserves the right to modify or amend the list of Restricted States at any time and from time to time in its sole discretion.

By participating in a Contest, you represent that you are eligible to participate in that Contest.

Except as otherwise provided herein, the following persons may play but are not eligible to receive any prize: employees, managers, officers and directors of TopLine or of TopLine’s affiliates, and (a) their parents, siblings, children, or spouses, and (b) any person who share the same residence with them at least three (3) months of the year. All Contests and Owners are subject to these Terms. Contests are void where prohibited by law.

COMPLIANCE WITH LAW

You are subject to all applicable federal, state, local and provincial laws, rules, regulations and pronouncements of governmental bodies, agencies and authorities in your use of the Services. Use of the Services in violation of these or any applicable law, rule, regulation or pronouncements is prohibited.

TopLine does not represent or warrant that any or every action you take with regard to your Account and related activities in connection with the Services, including the Contests, will be lawful in any particular jurisdiction. It is incumbent upon you to know the laws that pertain to you in your jurisdiction and act lawfully at all times where and when using the Services, including the Contests.

The Services are for entertainment purposes only and may not be used in connection with any form of gambling.

ACCOUNT REGISTRATION

In order to use and obtain access to some of the Services, you may be asked to submit a registration application, provide certain registration information, including a valid email address and password (such email address and password, collectively, the “Owner ID”), and create an account (an “Account”). TopLine reserves the right at any time to refuse you access to the Services, terminate or suspend your access to the Services, or deny your registration and/or creation of an Account for any reason, including if (i) TopLine is unable to verify the authenticity of your registration information, (ii) TopLine believes, in its sole discretion, that the registration information you provided is not true, accurate, correct, and complete, or (iii) you use or attempt to use an Owner ID or screen names that is, in TopLine’s sole discretion, offensive or inappropriate. You agree to promptly update your registration information through the Services or as otherwise directed by TopLine in order to keep such information true, accurate, current, complete and up to date.

If TopLine approves your registration application, TopLine will provide you with a username and set up your specific Account. You may modify your username, subject to approval by TopLine. If the Owner ID and/or username that you request is unavailable, you will be asked to supply another Owner ID and/or username. It is recommended that you do not use sensitive or personally identifiable information for your username as your username will be made public and visible to other people who access the Site (for example, on a public leader board).

An Account will enable you to utilize TopLine’s many Services. Each Account shall be restricted to one individual only and you may not register for or maintain for more than one Account. There is no fee or charge for you create an Account.

CONTEST ENTRY FEE

To enter a Pay Contest, you must provide the applicable entry fee in advance of the Pay Contest start time, as determined by TopLine (“Entry Fee”). The applicable Entry Fee, if any, shall be deducted from the aggregate balance of money available in your Account (“Wallet”) as soon as you join the given Pay Contest. All Entry Fees shall be in U.S. dollars. You acknowledge and agree that TopLine is the host of the Services and may charge a fee for hosting, scoring and settling Contests.

DEPOSITS AND WITHDRAWALS

Deposits and withdrawals may be made for Pay Contests only. Owners participating in Free Contests cannot make deposits or withdrawals.

To fund your Wallet, login to your Account and select the “Add Money” button. You will be prompted to enter the amount you wish to deposit. Deposits may be made via PayPal. If you elect to fund your Wallet via PayPal, you will be redirected to PayPal’s website where you will confirm the amount being processed (including any fees the transaction may entail) and complete your transaction. If you do not have a PayPal account but wish to fund your Wallet using PayPal, you may sign up for a PayPal account at www.paypal.com, or you may complete the transaction as a “PayPal guest.” You acknowledge and agree that TopLine is not affiliated with, endorsed by or sponsored by PayPal. For the avoidance of doubt, PayPal shall be considered Third Party Materials and a Source hereunder.

To request a withdrawal from your Wallet, login to your Account and select the “Withdraw” button. You will be prompted to enter the amount you wish to withdraw, provide your valid PayPal email address and account to which your Wallet withdrawal amount should be credited, confirm the amount being processed (including any fees the transaction may entail), and complete your transaction.

REFUND POLICY

If an Owner leaves a Pay Contest prior to the scheduled start time, TopLine will credit the Entry Fee back to such Owner’s Wallet. After a Pay Contest starts, Entry Fees are non-refundable. Notwithstanding anything set forth in this Agreement and in addition thereto, TopLine reserves the right to cancel a Contest at any time, including if a Contest does not meet the participation requirements. In the event of a cancellation, TopLine will refund any Entry Fees to the Owners that had joined the Contest and credit such refund to your Wallet.

CONTEST HISTORY; WINNERS INFORMATION

The names of the Contest winners of a Contest in which you played may be viewed under the “My Contests” page of the applicable game when logged into your Account. Your record of Contests wins/losses and any prizes won may be viewed when clicking on your username after logging in to your Account. TopLine may publicly post your name, record of Contest wins/losses and any prizes won by you, including posting on a public leader board.

SECURITY

You are responsible for the security and confidentiality of your Account, Owner ID and any devices on which you install, download and/or access the Services, and agree to treat as confidential and not to disclose your Account or Owner ID to any third party. You are responsible for any and all information provided and any and all acts and/or omissions that occur while your Owner ID is being used. You agree to notify us immediately in the event of loss, theft or disclosure of any or all of the Owner ID or of any other breach you become aware of involving the Services.

To contact TopLine about the Services, please email us at: support@fannation.com.

INTERNATIONAL USE; EXPORT AND IMPORT COMPLIANCE

You may not access or use any Services in violation of United States export control and economic sanctions requirements.

LOST OR CORRUPTED ENTRIES

TopLine is not responsible for any hardware or software malfunctions, unauthorized human intervention, or the incorrect, incomplete or inaccurate capture of entry or other information, or the failure to capture any such information; (b) any incorrect, incomplete or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking or by any of the equipment or programming associated with or utilized in the Services or Contest, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Services or Contest; (c) typographical or other human or technical errors in the offer or administration of the Services, including errors in advertising, these Terms, the selection and announcement of a prize winner or the distribution of prizes; (d) any Contest; and (e) the Rules.

PRIZES

Notwithstanding anything set forth in these Terms, only Account holders participating in Pay Contests are eligible to win prizes.

The prize payout schedule for each Pay Contest (“Prize Schedule”) will be published during the applicable Contest and generally will be viewable after you have joined the Contest. Prize Schedules may also be published in the Rules. Each Contest will be governed by the terms and conditions set forth in its own Rules. Following the conclusion of a Contest, unless otherwise indicated, the Prize Schedule will be awarded to the Contest winner/winners. Contest winners may be requested to complete an affidavit of eligibility and release and/or appropriate tax forms and forms of identification, including a social security number, driver’s license, and proof of residence in order to complete the withdrawal their prizes. Failure to complete and submit such documents may result in disqualification and/or forfeiture of the applicable prize. In the event of a forfeiture, or if Contest winner fails to claim or declines to accept a prize for any reason, the prize will be deemed forfeited.

TopLine assumes no liability and is not responsible for, and you hereby forever waive any rights to any claim in connection with, the acceptance, possession and/or use or misuse of a prize or any part of the Services and/or any injury or damage to your or any third party's property related to or resulting from a prize or any part of the Services. Except where prohibited by law, a prize winner’s acceptance of a prize constitutes permission for the TopLine to use a prize winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state) worldwide, in all forms of media and for any purpose including advertising, in TopLine’s sole and absolute discretion, in perpetuity, without further compensation.

You are solely responsible for any sales, use, income and all other taxes related to any prize or points awarded to you in connection with the Services. No substitution or transfer of a prize is permitted except by TopLine. TopLine reserves the right to substitute a prize for one (1) of equal or greater value in the event that an advertised prize is unavailable.

You represent to us that you are not subject to backup withholding tax because (i) you are exempt from backup withholding, or (ii) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified you that you are no longer subject to backup withholding.

DISQUALIFICATION; MODIFICATION; TERMINATION

TopLine, in its sole and absolute discretion, may disqualify you from participating in the Services, refuse to award prizes and/or require the return of a prizes if you engage in any conduct TopLine deems to be improper, unfair or otherwise adverse to the operation of the Services or detrimental to TopLine Parties or other Account holders. Such improper conduct includes collusion by two (2) or more Account holders in the same Contest, falsifying personal information, deposit and withdrawal transactions or prize claim(s), tampering with the submission process, the operation of the Services or any other component of the Services, violating these Terms, accumulating prizes through methods such as automated computer scripts or other programming techniques, allowing others to use your personal information for the purpose of accumulating prizes, tampering with TopLine’s administration of the Services, or intentionally trying to defraud, reverse engineer, disassemble, decompile or otherwise tamper with the computer programs on the Site. You further acknowledge and agree that the forfeiture of any prizes and/or return of the prizes shall in no way prevent TopLine from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct.

Notwithstanding anything to the contrary in these Terms and in addition thereto, TopLine may, in its sole and absolute discretion, at any time and without notice to you, and without liability to TopLine, close, suspend, modify, cancel, discontinue, delete, and/or terminate, in whole or in part, the Services, including your access to and use thereof, and may revoke the awarding of any prizes, in each case, effective immediately. If you fail to comply with any provision of these Terms, or if, in its sole discretion, TopLine closes, suspends, modifies, cancels, discontinues, deletes and/or terminates your access to or use of the Services, any and all rights granted to you herein will immediately and automatically terminate.

You may close your Account by submitting a written request to TopLine. Upon closure, suspension, cancellation and/or termination of the Services for any reason whatsoever, you shall immediately discontinue your access to and cease all use of the Services, shall permanently delete the Services in its entirety from any and all devices on which you have installed the Services, shall pay to TopLine any and all fees and charges due to TopLine up to and including the date of such closure, suspension, cancellation and/or termination, and any rights granted to you herein shall immediately and automatically (without further action by you or us) terminate. These Terms (as may be revised from time to time as described herein) are irrevocable and, unless otherwise expressly stated in these Terms, will survive the termination of your access to, and use of, the Services, and your relationship with us.

USER-GENERATED CONTENT AND SUBMISSIONS

We neither endorse nor are responsible for the accuracy or reliability of any information or content, including any opinion, advice or statement, made via the Services by anyone other than authorized TopLine employee spokespersons while acting in their official capacities. We reserve the right (but have and shall have no obligation) to monitor, modify, delete, limit or block access to, in each case, in whole or in part, any information or content submitted by you or any third party to or by otherwise using the Services. TopLine assumes no liability and is not responsible for any content or information submitted by you accessing and/or using the Services, or any loss or damage to you or to any third party related to or arising out of any content or information submitted by you accessing and/or using the Services. TopLine shall have no obligation to treat as confidential any content or information submitted by you accessing and/or using the Services. By submitting any information or content, you represent and warrant that you such information and content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to any other person, to use and exploit, and to otherwise us to use and exploit, such content and information. Such information and content will automatically become the property of TopLine and you unconditionally grant us an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, world-wide, fully paid, transferable, assignable and sublicensable right and license to use, copy, store, reproduce, modify, adapt, publish, translate, create collective and/or derivative works from, distribute, perform and display any such information or content, in whole or in part, and to incorporate any such information or content in any works in any form, media, software or technology now known or later developed, in each case, for any purposes whatsoever, including for advertising, marketing, publicity and promotional purposes, subject only to our Privacy Policy. You hereby waive all moral rights in any such information or content.

THIRD-PARTY MATERIALS; HYPERLINKS; THIRD PARTY WEBSITES; SOCIAL MEDIA WEBSITES

The Services may display, include or make available to you third-party content (including content, data, information, websites, social medial websites, applications and other products, services and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). You acknowledge and agree that TopLine is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. TopLine does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties' terms and conditions. It is your responsibility to read and comply with such third parties’ terms and conditions. The fact that we have provided Third Party Materials or a link to any non‑TopLine site, location or source does not signify our sponsorship or endorsement of such Third Party Materials, the site or any of its contents. There are inherent risks in the use of any such links or any software and/or content found on the Internet, and you acknowledge that you understand these risks.

ACCESSING THE SERVICES

The Services are designed to be accessible on multiple types of devices and operating systems. TopLine makes no representation or warranty of any kind whatsoever that the Services will be compatible with your devices, communication services, or any specific operating system version of your device, or any other hardware, software, equipment or device installed on or used in connection with device.

BYPASSING OR DISABLING ANY PORTION OF THE SERVICES

Without limiting anything set forth in these Terms, the Rules or the Privacy Policy, and in addition thereto, if you bypass or disable any portion of the Services or associated software or the operation of any other TopLine systems, or you attempt to circumvent or tamper with Contests or billing methods in any way, you are in violation of these Terms and TopLine may suspend or terminate your Account without notice. Termination of your Account will not excuse you from any criminal or other civil liabilities that may result from your actions. If your Account is terminated for any reason you will, thereafter, be unable to access the Services.

DISCLAIMER OF WARRANTIES

TOPLINE DOES NOT REPRESENT OR WARRANT THAT YOUR ACTIVITIES OR USE OF THE SERVICES ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIMS SUCH REPRESENTATIONS AND WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SERVICES, INCLUDING THE CONTESTS AND CONTENT, YOU ACT AT YOUR OWN RISK. EACH TIME YOU USE THE SERVICES, YOU SHALL BE DEEMED TO REPRESENT, WARRANT AND AGREE TO TOPLINE THAT: (A) YOU HAVE ALL REQUISITE REGULATORY AND LEGAL AUTHORITY TO ENTER INTO AND BE BOUND BY THESE TERMS; AND (B) YOUR USE OF THE SERVICES COMPLIES WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS. YOU COVENANT THAT YOU SHALL NOT USE THE SERVICES OR ANY INFORMATION OBTAINED THROUGH THE SERVICES IN VIOLATION OF ANY LAW.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TOPLINE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, GUARANTIES, CONDITIONS, COVENANTS AND REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, RELATING TO THE SERVICES.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TOPLINE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY LOSS, LOST PROFITS OR INJURY, COST, CLAIM OR DAMAGE, INCLUDING DAMAGES OR INJURY CAUSED BY OR RELATED TO LOSS OF WINNINGS, PRIZES, POINTS, PROFITS, GOODWILL, USE, DATA, ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS OR OTHER HARMFUL COMPONENT OR OTHER LOSSES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION AND EVEN IF TOPLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING SET FORTH IN THESE TERMS AND IN ADDITION THERETO, THE AGGREGATE LIABILITY OF TOPLINE FOR ANY DAMAGES RELATING TO, OR ARISING OUT OF THESE TERMS, SHALL IN NO EVENT EXCEED FIVE HUNDRED U.S. DOLLARS ($500.00).

NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR ACCESS OR USE OF THE SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT THAT GAVE RISE TO THE CAUSE OF ACTION.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN THOSE JURISDICTIONS, ONLY THE PRECEDING LIMITATIONS IN THIS SECTION THAT WILL APPLY TO YOU AND TOPLINE’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY, WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.

INDEMNIFICATION

You agree, at your own expense, to indemnify, defend and hold harmless TopLine and its affiliates and its and their officers, directors and employees for, from and against any and all claims (including taxes), actions, suits, demands, proceedings, investigations, losses, obligations, penalties, damages, liabilities, judgments, settlements, costs, payments and expenses (including, reasonable legal and other professional fees and costs) directly or indirectly arising out of or related to (i) your breach of these Terms, including your breach of any agreements, representations, covenants or warranties contained in these Terms, (ii) your access to and/or use of the Services or Content, or any links on the Site, Apps, or Social Media, (iii) any and all information or content submitted by you or using your Account or Owner ID to or otherwise using the Services, including for claims that any of it violates, infringes or misappropriates any proprietary right of publicity, privacy, or any other right of any third party, (iv) any violation by you of any requirements or restrictions of our or any of our Source(s), (v) any Contest, and/or (vi) a breach by you of any applicable laws, rules or regulations. TopLine reserves the right to assume the exclusive defense and control of any claim subject to indemnification by you, and in such event you will fully cooperate with TopLine in asserting any and all available defense.

CLAIMS OF COPYRIGHT INFRINGEMENT

Under the Digital Millennium Copyright Act of 1998 (the "DMCA") if you believe in good faith that any content on the Services infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Site, Apps or other Services that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site, Apps or other Service; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright.

Notices and counter-notices should be sent to


TopLine Game Labs, LLC
10351 Santa Monica Blvd Ste 410
Los Angeles, CA 90025
Email: support@toplinegamelabs.com

GOVERNING LAW

These Terms and all the terms herein will be governed by and construed in accordance with the laws of the State of New York without giving effect to principles of conflicts of law. Any such controversy will be submitted exclusively to Federal or state courts in the State of New York. You consent to personal jurisdiction in any applicable court for purposes of any such litigation. Any right to trial by jury with respect to any claim or action is hereby waived by all parties to these Terms.

FORCE MAJEURE

TopLine is not and will not be liable for any losses caused directly or indirectly as a result of causes or events beyond the control of TopLine, including natural disasters, acts of God, war, terrorism actions or decrees of governmental bodies, exchange or market rulings, failure of the Internet, communication lines or utility systems, equipment and systems failures, unauthorized access, and theft (each, a “Force Majeure Event”).

SEVERABILITY

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

NO WAIVER

Our failure to insist at any time upon strict compliance with any term of these Terms, or any delay or failure on our part to exercise any power or right given to us in these Terms, or a continued course of such conduct on our part will at no time operate as a waiver of such power or right, nor will any single or partial exercise preclude any other future exercise.

Version Dated: June 23, 2014