Terms and Conditions
Welcome to Apex Mobile Gaming! These Terms and Conditions govern your use of our website, apex-mobile-gaming.com(the "Website"), and your relationship with Apex Mobile Gaming, located at 401 Biscayne Blvd, Miami, FL 33132, USA ("we," "us," or "our"). By accessing or using the Website, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, you must not use this Website.
1. Acceptance of Terms
By accessing and using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as our Privacy Policy, which is incorporated herein by reference. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes.
2. Use of the Website
You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within the Website.
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions, and that they comply with them.
3. Intellectual Property Rights
The content, layout, design, data, databases, and graphics on this Website are protected by intellectual property laws, including copyright and trademark laws. Unless otherwise stated, Apex Mobile Gaming owns the intellectual property rights for all material on the Website.
You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions.
You must not:
- Republish material from this Website (including republication on another website).
- Sell, rent, or sub-license material from the Website.
- Show any material from the Website in public.
- Reproduce, duplicate, copy, or otherwise exploit material on this Website for a commercial purpose.
- Edit or otherwise modify any material on the Website.
- Redistribute material from this Website (except for content specifically and expressly made available for redistribution).
4. User Conduct
You agree not to use the Website to:
- Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
- Impersonate any person or entity, including, but not limited to, an Apex Mobile Gaming official, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website.
- Upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party.
- Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
- Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website.
- Intentionally or unintentionally violate any applicable local, state, national, or international law.
5. Limitation of Liability
The Website and all information, content, materials, products (including software) and services included on or otherwise made available to you through the Website are provided on an "as is" and "as available" basis, unless otherwise specified in writing.
Apex Mobile Gaming makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, products (including software) or services included on or otherwise made available to you through the Website, unless otherwise specified in writing. You expressly agree that your use of the Website is at your sole risk.
To the full extent permissible by applicable law, Apex Mobile Gaming disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Apex Mobile Gaming does not warrant that the Website, information, content, materials, products (including software) or services included on or otherwise made available to you through the Website, their servers, or email sent from Apex Mobile Gaming are free of viruses or other harmful components. Apex Mobile Gaming will not be liable for any damages of any kind arising from the use of the Website or from any information, content, materials, products (including software) or services included on or otherwise made available to you through the Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
6. Indemnification
You agree to indemnify, defend, and hold harmless Apex Mobile Gaming, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your Internet account.
7. Dispute Resolution
Any dispute relating in any way to your visit to the Website or to products or services sold or distributed by Apex Mobile Gaming or through the Website shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: Elena Ramirez, 401 Biscayne Blvd, Miami, FL 33132, USA. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
8. Governing Law
By visiting the Website, you agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Apex Mobile Gaming.
9. Contact Information
If you have any questions or concerns regarding these Terms and Conditions, please contact us at:
Apex Mobile Gaming401 Biscayne Blvd, Miami, FL 33132, USA
Email: info@apexmobilegaming.com
Phone: +1 305-577-3344