IMPORTANT NOTICE: THIS Terms of USE AND Service AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 4 BELOW.

Last Revised: November 14, 2025

Welcome and thank you for visiting our network of websites and applications, which includes without limitation [●].com and any other website or application on which this Terms of Use and Service Agreement appears (each a “Website” and together, the “Websites”). Our Websites are interactive online services operated by Console Kings, LLC. (“Console Kings” or “CK”). This Terms of Use and Service Agreement (“Agreement”) applies to this website, any other service offered by CK and all Websites. Certain services offered by CK may be subject to separate terms of use, in which case, we will identify what terms will apply to those services when in use.

Certain products, services, and digital content may from time to time be made available to you for purchase through the CK Service (defined below). Those purchases will be governed by any Terms of Sale, which are incorporated by reference into this Agreement and made part of this Agreement when made available upon purchase.

CK knows that the privacy of your personal information is important to you. For more information about CK’s data protection practices, please read our Privacy Policy, which for residents in North America is incorporated by reference into this Agreement and made part of this Agreement. The Privacy Policy explains how CK processes your personal information, and protects your privacy, when you use the CK Service. Your access to and use of the CK Service shall be subject to CK’s Privacy Policy, and if you are a resident in the United States of America or Canada, your agreement to the policies terms of use and service is set out in this document and in those that are incorporated into it by reference in this document.

FOR RESIDENTS OF NORTH AMERICA AND CANADA ONLY:

The CK Service is made available only to persons aged eighteen (18) years or older.

PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT FOR THE CK SERVICE IS A BINDING, LEGAL CONTRACT BETWEEN YOU AND CK. BY REGISTERING FOR, ACCESSING, BROWSING OR USING THE CK SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS CONTAINED IN THIS AGREEMENT. BY ACCESSING, BROWSING OR OTHERWISE USING ANY PART OF THE WEBSITES AND/OR THE CK SERVICE, YOU ACCEPT, WITHOUT QUALIFICATION OR LIMITATION, THIS AGREEMENT AND THE TERMS CONTAINED IN THIS AGREEMENT. IF AT ANY TIME YOU DO NOT AGREE TO THE TERMS CONTAINED IN THIS AGREEMENT, YOU MAY NOT USE THE CK SERVICE, AND ACCORDINGLY, MUST IMMEDIATELY TERMINATE YOUR USE OF THE CK SERVICE AND THE WEBSITE. IF YOU REJECT THIS AGREEMENT OR CK’S PRIVACY POLICY, YOUR RETURN RIGHTS IN RELATION TO THE CK SERVICE ARE GOVERNED BY YOUR STATUTORY RIGHTS IN THE COUNTRY WHERE YOU BOUGHT THE PROGRAM. PLEASE VISIT. NOTHING IN THIS PARAGRAPH SHALL AFFECT YOUR STATUTORY RIGHTS.

PLEASE READ THIS AGREEMENT FOR THE CK SERVICE AND THE TERMS OF USE AND SERVICE FOR RESIDENTS OF THE UNITED STATES AND CANADA. EXCEPT AS CONTRADICTED BY THE LAW OF THE COUNTRY FROM WHICH YOU ACCESS THE CK SERVICE, THE TERMS OF USE AND SERVICE AGREEMENT FOR RESIDENTS OF THE UNITED STATES OF AMERICA AND CANADA (INCLUDING THE PRIVACY POLICY), AS MODIFIED AND SUPPLEMENTED BY THE TERMS OF USE AND SERVICE AGREEMENT FOR RESIDENTS OF COUNTRIES OTHER THAN THE UNITED STATES OF AMERICA AND CANADA, IS A BINDING, LEGAL CONTRACT BETWEEN YOU AND CK. BY REGISTERING FOR, ACCESSING, BROWSING OR USING THE CK SERVICE OR THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ IN ENGLISH, UNDERSTAND IN ENGLISH, AND AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. THIS AGREEMENT.

1. COMPLIANCE UNDER THE LAW APPLICABLE WHERE YOU ACCESS THE CK SERVICES.

By use of the Website you have the opportunity to participate in skill-based competitions. Some require you to pay an entry fee in order to participate. Some include an offer of payment to winners as a premium. ALL CONTESTS, TOURNAMENTS, COMPETITIONS AND SWEEPSTAKES ARE VOID AS TO PARTICIPATION IN ANY STATE OR COUNTRY WHICH PROHIBITS OR RESTRICTS SUCH ACTIVITIES. By your act of registering on the Website or participating in any such activity you warrant and represent for CK’s reliance and that of CK’s agents and employees and CK affiliates that you have verified the laws of the country or state (or other applicable jurisdiction) from which you access the CK Services, and that with good reason you understand that such activities are not prohibited or restricted by the applicable law. You will not be entitled to any prize or refund if the applicable law prohibits or restricts your participation in these activities. In any event, you access and use the CK services at your own sole risk and acknowledge that CK makes no warranty regarding compliance under the law of your country or jurisdiction, of the CK Services or any of them, and that no representative of CK has authority to make such a warranty.

2. TAXES

It is your obligation (and not that of CK) to pay all taxes imposed upon you or upon your purchase of any property or service, by any taxing authority and to prepare and file all returns and reports required by the country or other jurisdiction where you reside or from where you access the CK Service. “Taxes” include (but “Taxes” is not limited to) import duties, value added taxes, and taxes on prizes awarded to you for any use of the CK Service. CK will provide to you all reports required by law to be provided to you.

3. SALES OF PROPERTY

From time we may offer for sale, goods or services that are advertised or posted on the Website. The prices charged for them are subject to change as to all sales not final and fully paid at the time of the price revision. As to all tangible goods (or intellectual property fixed in a tangible medium) that you may buy, (1) to the fullest extent allowed by applicable law WE MAKE NO WARRANTY THAT THE PRODUCT IS MERCHANTABLE, FIT FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGING, AND WE DISCLAIM ALL SUCH WARRANTIES AS MAY BE IMPLIED OR REQUIRED BY THE LAW OF ANY JURISDICTION, and (2) we shall be deemed to have fully performed our duty to deliver the goods when we deliver the goods to a common carrier, freight prepaid (or to a governmental postal service, postage prepaid) for shipment to you at the address that you supplied to us; it being understood that you bear the entire risk of loss or damage in transit, misdelivery and non-delivery of the goods that you may buy from us. Prior to shipment we have the right to cancel any order and refund any payment based on a mistaken price quote on the Website.

1. General:

1. CK may at any time change or discontinue any aspect or feature of the CK Service, including, but not limited to, content, hours of availability, and equipment needed for access or use.

2. When using the CK Service, you may be subject to additional posted policies, guidelines or rules applicable to specific services and features which may be posted online or on the application and notified to you from time to time (the “Policies”). All Policies are hereby incorporated by reference into this Agreement and made part of this Agreement, except for the Privacy Policy for residents outside North America.

2. Eligibility to Participate in Contests

From time-to-time CK and/or an independent contractor of CK will include within the CK Services skill-only contests, competitions and tournaments for which an entry fee is required and that include an offer on money or other value as a premium for winners. Other competitions may be free to play and yet offer a premium award to winners. Participation in some contests for which an entry fee is charged may require participants’ enrollment in an enhanced membership status on the Website, for which a fee is charged for the enrollment.

Competition for a premium with or without payment of an entry fee is open only to legal residents of the fifty (50) states of the United States of America, Washington D.C. and Canada who are at least eighteen (18) years of age at the time of entry. Paid competitions where premiums are offered to winners are sponsored by Console Kings, LLC, c/o [●], Delaware 19958-9776 (U.S.A.) or (if so announced) by an independent contractor of Console Kings, LLC. For a list of the free and paid competitions now available, the nature and value of the premiums offered and competition-specific rules that supplement this Agreement, click [●].

Free competitions are open to all persons, otherwise eligible, who participate in any of the fifty (50) states of the United States of America, Washington D.C. and Canada who are at least eighteen (18) years of age at the time of entry. An enhanced membership status for which a fee is charged will not be required for participation in any free-to-play contest.

Competitions for which there is an entry fee are open only to persons who are otherwise eligible, have paid the entry fee required by the applicable competition-specific rules and who participate from within any of the following United States jurisdictions:

Alabama	Indiana	New Hampshire	South Carolina
Alaska	Kansas	New Jersey	Tennessee
Arkansas	Kentucky	New Mexico	Texas
California	Louisiana	New York	Utah
Colorado	Maine	North Carolina	Vermont
Connecticut	Maryland	North Dakota	Virginia
Delaware	Massachusetts	Ohio	Washington (D.C.)
Florida	Michigan	Oklahoma	Washington State
Georgia	Minnesota	Oregon	West Virginia
Idaho	Missouri	Pennsylvania	Wisconsin
Illinois	Nebraska	Rhode Island	Wyoming

For the avoidance of doubt, participation in competitions for which an entry fee is charged by otherwise-eligible contestants from the following states, is blocked and prohibited:

· Arizona

· Hawaii

· Iowa

· Mississippi

· Montana

· Nevada

· South Dakota

Notwithstanding any status as a paying participant, no prize is awarded to winners who are younger than eighteen (18) years of age or participate from any of Arizona, Hawaii, Iowa, Mississippi, Montana, Nevada and South Dakota or participate from a jurisdiction where the awarding of a prize based on the participant’s results in the competition is prohibited, illegal, or restricted. To be eligible to receive a prize, each entrant must be the registered owner of the email address identified in the entrant’s account with an internet service provider and throughout the competition will be eligible to participate only from that account and email address. An entrant’s participation from an email address other than her or his own, is void. Should there be a dispute regarding the identity of any winner, subject to all other eligibility conditions set out in this Agreement, the winner shall be the person in whose name the email account was opened.

Employees and agents of Console Kings, LLC, its content providers and advertisers, together with members of their immediate families and those living in their households, are ineligible to participate in any form of the competitions.

The competitions and your participation in them are void wherever prohibited or restricted by law. All federal, state and local laws and regulations apply.

CK reserves the right in its sole discretion to disqualify without notice and to block from participation any participant who fails to comply with any part of these rules.

Participants will be subject to disqualification and/or blocking for (among other acts) (i) misrepresentation of eligibility, (ii) attempting in any way to impair the function of CK’s Website or third-party web sites to which CK provides a link or to alter their functioning in any way, (iii) attempting to commit any form of fraud in connection with any competition whether by cheating or otherwise, (iv) failure when requested by CK to furnish timely (and in any event within thirty days of CK’s request) an affidavit or declaration of eligibility in form and substance satisfactory to CK and that is legally binding in the jurisdiction of the participant’s residence or participation, (v) use of any message boards provided by CK in a manner that in the sole opinion of CK is inconsistent with the CK’s message board guidelines set out in this Agreement, (vi) participating in any competition or competitions while using multiple email addresses or email accounts, and (vii) any other act which in CK’s sole opinion is inconsistent with the integrity of any competition or CK’s goodwill or reputation.

CAUTION - ANY ATTEMPT BY A PARTICIPANT IN THE COMPETITION OR ANY OTHER PERSON TO DELIBERATELY DAMAGE THE WEBSITE OR TO SUBVERT, IMPAIR OR COMPROMISE THE LEGITIMATE CONDUCT OF ANY COMPETITION MAY BE A VIOLATION OF CRIMINAL OR CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES, INCLUDING AND NOT LIMITED TO ATTORNEYS’ FEES AND COSTS OF COLLECTION, FROM ANY SUCH PARTICIPANT AND TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

3. Changed Terms:

CK reserves the right, at any time and at our sole discretion, to change or modify this Agreement and/or the terms and conditions applicable to your use of the CK Service, or any part thereof, or to impose new terms, including, but not limited to, adding fees and charges for use. Except for Section 4 (Arbitration and Class Action Waiver) below, such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which may be given by any means, including, but not limited to, posting a notice on the Website, updating the date of this Agreement above, by electronic or conventional mail, or by any other means by which you obtain notice thereof. You should periodically check this web page for any changes to this Agreement. Any continued use of the CK Service by you after the posting of any such notice will be deemed to constitute your binding acceptance of any such changes, modifications, additions or the provisions deletions. If any modification, change, addition or deletion to this Agreement is not acceptable to you, your only recourse is to terminate this Agreement and refrain from using and accessing the CK Service.

4. BINDING ARBITRATION AND CLASS ACTION WAIVER:

READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

These BINDING ARBITRATION AND CLASS ACTION WAIVER provisions apply to you if you are domiciled in and/or use the CK Service in the United States or Canada. These provisions may also apply to you if you are domiciled in and/or use the CK Service from outside the United States or Canada. See JURISDICTION AND APPLICABLE LAW below for details.

Initial Dispute Resolution: CK’s Customer Support department is available to address any concerns you may have regarding the CK Service. Most concerns are quickly resolved in this manner to our customers’ satisfaction. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

Binding Arbitration: If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the paragraph above, then either party may initiate binding arbitration as the sole means to formally resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to this Agreement (including its interpretation, formation, performance and breach), the parties’ relationship with each other and/or your use of the CK Service shall be finally settled by binding arbitration administered by in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitrations Rules, as appropriate, excluding any rules or procedures governing or permitting class actions. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the “FAA”) shall apply to the interpretation, applicability, enforceability and formation of this Agreement notwithstanding any other choice of law provision contained in this Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including without limitation any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

Location: If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, arbitration shall be initiated in Delaware County, Delaware, and you and CK agree to submit to the personal jurisdiction of any federal or state court in Delaware County, Delaware, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Class Action Waiver: The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND CK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception - Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the CK Service under this Agreement. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

Changes to this Section: CK will provide sixty (60) days’ notice of any changes to this Section. Changes will become effective on the 60th day and will apply prospectively only to any claims arising after the 60th day.

5. Jurisdiction and Applicable Law:

The CK Service is made available subject to the terms of this Agreement.

For eligible residents of the United States of America, any claims arising out of this Agreement (including interpretation, claims for breach, and all other claims (including consumer protection, unfair competition, and tort claims) will be subject to the laws of the State of Delaware, except to the extent that the Delaware conflict of law rules would require application of the law of any jurisdiction other than Delaware. If any court or arbitrator determines that the “Class Action Waiver” paragraph set forth above is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then any and all claims arising out of this Agreement (including interpretation, claims for breach, and all other claims (including consumer protection, unfair competition, and tort claims) shall be decided under the laws of the state where you were a resident at the time you obtained or bought the CK Service that was subject to this Agreement. In addition, you and we irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Delaware County, Delaware to resolve any claims that are subject to exceptions to the arbitration agreement described in the Section BINDING ARBITRATION AND CLASS ACTION WAIVER above, or otherwise determined not to be arbitrable.

6. Equipment:

You are responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of the CK Service and all charges related thereto.

7. CK Service:

1. We currently provide you with access to a rich collection of online resources, including various communication and social networking tools, online forums, ladders, tournaments, leagues, news, reviews, personalized content and branded programming. Certain services are presently provided free of charge. Other services including participation in skill-only competitions, contests and tournaments, may require payment of an entry fee and may involve an offer of a premium to winners or successful participants. This bundle of free and paid-for content, services, competitions and other benefits is sometimes referred to as the “CK Service.”

2. To participate in our competitions, you will need to establish a user account with the CK Service, provide certain information and log in, even if you participate only in free services and competitions. An inactive user account with the CK Service is an account in which the user has not logged in for one hundred eighty (180) consecutive days. If your user account becomes inactive, but is not terminated as provided for under Section 13 (Termination), [you will be subject to (and obligated to pay) a monthly inactive account fee that we may collect by debiting any funds that you have on deposit with us. The inactive account fee is $1.99 per calendar month or if applicable, part of a month.]

3. We do our best to make your experience with the CK Service a pleasant one. However, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings or other service interruptions. Therefore, you agree that the CK Service are provided on an “AS IS” and “AS AVAILABLE” basis. CK does not assume responsibility for the timeliness, deletion, non-delivery or failure to store any user data, communications or personalization settings.

4. CK reserves the right to change or discontinue, temporarily or permanently, the CK Service at any time. You agree that CK will not be liable to you or any third party for any modification or discontinuance of the CK Service at any time for any reason or in the absence of a reason.

5. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any user of the CK Service, are those of their respective sources, author(s) or distributor(s) and not of CK. CK neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made through the CK Service and expressly disclaims any and all liability in connection such opinion, advice or statement.

6. Your use of the CK Service is at your own risk.

7. The CK Service may include hyperlinks to other websites or services solely as a convenience to you (“Third-Party Sites”). CK has no control over Third-Party Sites. CK does not endorse Third-Party Sites. CK is not responsible for any Third-Party Sites or the information, advertising, products, services, materials and privacy protection contained on or accessible through any Third-Party Sites. You agree that CK is not liable for any loss or damage which may be incurred by you as a result of the availability or your use of any Third -Party Sites or as a result of any reliance placed by you on the completeness, accuracy or existence of any the information, advertising, products, services or materials contained on or accessible through any such Third-Party Sites. Your use of any Third-Party Sites or the services provided by them shall be governed only by such terms between you and such Third-Party sites.

8. Some of the services provided by CK on a Website are supported by advertising revenue and may display advertisements and promotions. In consideration for CK granting you access to and use of the Website, you agree that CK may place advertising and promotions on the Website. You further agree that the manner, mode and extent of advertising and promotions by CK on the Website are subject to change without specific notice to you. You also agree that CK may make disclosures to advertisers as set forth in the Privacy Policy.

8. Your Use of the CK Service:

1. You shall provide true, accurate, current and complete information about yourself as requested in the Website’s registration forms. Accurate records help us create better websites and provide us with opportunities to identify new services or products that may interest you. You agree to update your registration data to keep it current and accurate within a reasonable time after any change to that data.

2. You shall use the CK Service for only lawful purposes and in compliance with this Agreement. The CK Service may include interactive areas or services, such as chat boxes or web forums, in which you or other users may create, post or store content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials on the CK Service. You are solely responsible for your use of such interactive services and shall use them at your own risk.

3. You shall comply with the following Rules of Conduct in connection with your use of the Website and the CK Service . You shall not post, upload, distribute or otherwise transmit through the Website or any CK Service, any content that may be defamatory, libelous, constitute slander or may be pornographic, indecent, lewd, calculated to disparage, harass or threaten or to promote racism or other forms of hatred, impersonating as to any person or entity, violates the privacy or publicity rights of any person or entity, misrepresents your affiliation with any person or entity, is fraudulent, is, encourages or constitutes instructions regarding any criminal offense, contains personal identifying information of any person, or infringes upon any copyright, trade mark, trade secret, proprietary right or other intellectual property right of any person or entity. (Music videos and videos can be an infringement if posted in the absence of written permission of the owner of the rights to them. Don’t post them on the Website or CK Service unless you have written permission to do so from the owner of the rights.) By your act of posting any content on the Website or the CK Service, you warrant and represent to CK and its members, managers and affiliates that all postings that you make will comply with these rules and that you acknowledge that prohibited postings may expose you not only to being barred from the Website and the CK Service but also to civil liability to CK and others, and to exposure to criminal liability.

4. The Rules of Conduct in connection with your use of the Website and the CK Service also prohibit your posting, uploading, distribution or other transmission to or through the Website or any CK Service, of any malware or spyware, or contain software viruses, corrupted data or other harmful, disruptive or destructive files 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; or contain, refer to or comprise advertisement, unsolicited offers, promotional materials, pyramid schemes, bulk mailing of commercial advertising, charity requests, signature petitions, or promotional giveaways, such as sweepstakes, contests and raffles. You will be subject to disqualification and/or blocking for (among other acts):

1. misrepresentation of eligibility.

2. attempting in any way to impair the function of the Web Site or the CK Service or third-party web sites to which the Web Site provides a link or to alter the functioning in any way.

3. attempting to commit any form of fraud in connection with the CK service or any communication link made available to you by the CK Service.

4. failure when requested by CK to furnish timely (and in any event within fifteen days of request) an affidavit or declaration of eligibility that is legally binding in the jurisdiction of your residence or participation.

5. use of any message boards, chat rooms or other communication facility provided by CK in a manner that in the sole opinion of CK is inconsistent with the following CK message board/communication facility guidelines set out in these rules, and any other act which in the sole and absolute opinion of CK is inconsistent with the integrity of the competitions available on the CK Service or the goodwill or reputation of CK.

CK may provide from time to time, text communication facilities for subscribers the CK Service. When provided, text and other communication facilities are not monitored but CK reserves the right to do so. The content of messages that you post is subject to the following mandatory guidelines and deletion at the sole discretion of CK or (if CK concurs) upon the reasonable request of any subscriber to the CK Service. Inappropriate message board and text communication content which is subject to deletion and at the sole, absolute discretion of CK may be the basis of terminating use of the CK service or terminating use of the communication facility involved, includes and is not limited to:

1. strong expletives

2. hate speech

3. crude or explicit sexual references

4. messages pertaining to illegal drugs or other criminal or other activity prohibited by law

5. strong language generally considered offensive (including without limitation, references to a particular race or nationality, sexual orientation, gender, religious faith or country)

6. incitation to illegal violence or criminal activity

7. threatening or abusive content

8. defamatory statements pertaining to any juridical or natural person

9. infringing material

10. content which in the sole opinion of the CK is inconsistent with the legitimate conduct of competitions made available through the CK service

Also subject to deletion, blocking and other sanctions is any message board or text content that in the CK’s sole opinion is speech that would not normally be acceptable in a room full of strangers or in the work place. CK cannot monitor all message board or text communication content and will not attempt to do so. If any message board participant or party to a text communication through the CK service encounters content that such person believes should be deleted or believes is inconsistent with these guidelines, the person can report it to the CK at support@[●].com. CK does not pre-screen or filter, record or monitor all content that users post on message boards or send through a text communication facility that the CK Service makes available. CK does not endorse or otherwise approve of any such content or any opinions expressed in such content. CK reserves the right to remove and/or block message board and text communication content for any reason whatsoever, including and not limited to content which in the CK’s sole opinion is inconsistent with these rules. Neither the CK nor any affiliate or employee of the CK assumes any liability for message board content or for any failure to remove or block message board content or delay in removing or blocking it. Persons who post content on CK provided message boards or use any text communication facility provided by or through the CK Service, by so doing, assume full personal responsibility for the lawfulness, completeness, accuracy, usefulness and compliance with these rules, of all such content. Any Person so posting or communicating content shall indemnify, reimburse and hold CK harmless from any and all damages, losses, liability and costs (including without limitation attorney fees and court costs) arising from, based upon or in connection with the posted or communicated content.

5. The Rules of Conduct in connection with your use of the Website and the CK Service also prohibit (1) removal, circumvention, disabling or damaging and otherwise interfering with security-related features of the Website and the CK Service, and (2) reverse engineering, disassembly, decompiling and all other activities related to discovery of source code used in connection with the Website and/or the CK Service or features that limit their use, or other actual or attempted piracy, and (3) actual or attempted modification, adaptation, creation of derivative works (all) based upon the Website and/or the CK Service, and (4) the use of any so-called robot, spider, scraper, crawler, or other automated means to access the Website and/or the CK Service, or to participate in any competition distributed through the Website or the CK Service, including (and not limited to) for the purpose of bypassing, disabling or overcoming measures used to prevent or restrict access to the Website and/or the CK Service.

6. The above are examples of prohibited conduct. They are not intended to be exhaustive. Any conduct by you that, in CK’s sole discretion, restricts or inhibits any other user from using or enjoying the CK Service will not be permitted. CK shall have the right, but not the obligation, to monitor the content of the CK Service, including profiles and forums, to determine compliance with this Agreement and any policies and other operating rules established by CK and to comply with any law, regulation or authorized government request. CK will make the sole determination as to what content is acceptable in its sole discretion. CK shall always have the right (but never the obligation) to edit or remove any content at any time without notice, in its sole discretion. Without limiting any other rights or remedies of CK, any violation of the terms of use of the Website and/or the CK Service may result in removal of the prohibited communications and/or suspension or termination of your rights to use and access the Website and the CK Service.

7. You understand that, when using the Website and the CK Service, you will be exposed to content from a variety of sources, and that CK is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you should not use the CK Service. CK does not pre-screen or endorse any third-party content and is not responsible or liable under any circumstances for such content.

8. You understand that access to the CK Service may result in access to other users’ names, screen names, e-mail addresses and other information as set out in the Privacy Policy (“Personal Information”) which is protected by applicable data protection and privacy laws and regulations. You understand, acknowledge and agree that any Personal Information from other users constitute the confidential information of CK. You agree not to scrape, copy, aggregate, redistribute, alter, reproduce or re-use any user’s (whether specific to any particular user or as an aggregation) information accessible through the Website or the CK Service.

9. CK offers its users the opportunity to participate in certain online competitions and tournaments, some of which may have prizes for the winners. If you participate in such online competitions and tournaments, you may be required to sign an Affidavit of Eligibility/Publicity and Liability Release and report as taxable income the value of any such prizes received by you. Certain conditions of eligibility to compete in the online competitions and tournaments are set out in Section e, above. Additional eligibility requirements may be disclosed in connection with each online competition and tournament. If you do participate in a competition or tournament but are ineligible to you, CK’s offer of a premium award will not apply to you and you will not be allowed to collect any prize. As a condition precedent to collecting a prize to which you are eligible, you may be required to provide information reasonably requested by CK and (for prize awards of more than $600) information that by law CK requires to enable CK’s preparation and filing of Internal Revenue Service Form 1099-MISC. CK and/or any sponsor who provides a particular prize will if required report the value of the prize to federal and/or state taxing authorities.

9. TRADEMARKS, Copyright and Other Intellectual Property:

1. The CK Service and Website are owned and operated by CK. All content, trademarks and other proprietary materials and/or information on the CK Service and Website, including, without limitation, CK’s logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including both source code and object code), services, text, pictures, photos, video, graphics, music, information, data, sound files, other files and the selection and arrangement of all of them, and all other materials (collectively, the “Materials”) are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including laws of your country of residence). CK (together with its subsidiaries, affiliated companies and third-party licensors) own all rights, title and interest, including, without limitation, all copyrights, in and to any and all Materials contained on the CK Service and each Website under copyright laws. CK owns all rights, title and interest, including, without limitation, all copyrights, in and to any and all Materials contained on the CK Service and each Website as a collective work under copyright laws. CK owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. All Materials contained in the CK Service are the proprietary property of CK or its subsidiaries or affiliated companies and/or third-party licensors.

2. CK and the CK logos (the “CK Marks”) are the exclusive property of CK and are protected by trade dress and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including laws of your country of residence). CK hereby expressly reserves all rights, including, without limitation, all trademark rights, in and to the CK Marks. Except as expressly noted in this Agreement, all other trademarks appearing on the CK Service are the property of CK, affiliates of CK, or their respective owners. Unless otherwise agreed in writing by CK, you agree that nothing in this Agreement gives you a right to use any of the CK Marks or any of CK’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

3. Unless otherwise expressly agreed in writing by CK, you are granted only a limited, non-exclusive, terminable, non-sublicensable license (i.e. a personal and limited right) to access and use the Website and the CK Service for your own personal use only, provided that, you acknowledge and agree that you do not acquire any ownership rights in or to the Website, the CK Service and/or the Materials by accessing or otherwise using the Website and/or the CK Service. This license is subject to this Agreement and does not include any right to do any of the following: (a) any resale or commercial use of the CK Service or the Materials; (b) the distribution, public performance or public display of any Materials; (c) modifying, publishing, transmitting, participating in the transfer or sale of, creating or otherwise making any derivative uses of the CK Service or the Materials, or any portion of them, or in any other way exploiting any of the Materials, in whole or in part; (d) using any data mining, robots or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the CK Service, the Materials or any information contained in them, except as expressly permitted on the CK Service; or (f) any use of the CK Service or the Materials except for their intended purposes. Except as otherwise permitted as “fair use” under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of the Materials will be permitted without the express permission of CK and any other copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Any use of the CK Service or the Materials except as specifically authorized in this Agreement, without the prior written permission of CK, is strictly prohibited. Any failure by yourself, solely or on combination with others to comply with them may have legal consequences which may include violating applicable laws, including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated in this Agreement, nothing in this Agreement shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles. The license granted to you under this Agreement may be terminated by CK at any time, in its sole discretion. All rights not expressly granted in this Agreement are hereby expressly reserved by CK.

10. Disclaimer of Warranty; Limitation of Liability:

USE OF ANY OF THE WEBSITE, CK SERVICE, ANY PRODUCT AND ANY INFORMATION, CONTENT OR MATERIALS CONTAINED IN THE WEBSITE AND/OR THE CK SERVICE IS AT YOUR SOLE RISK. NEITHER CK, CK’S AFFILIATED COMPANIES, CK’S NON-AFFILIATED PARTNERS, NOR ANY OF THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, SPONSORS OR LICENSORS (COLLECTIVELY THE “CK PARTIES”) WARRANT THAT THE CK SERVICE, ANY PRODUCT OR ANY INFORMATION, CONTENT OR MATERIALS CONTAINED IN ANY OF THEM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE AND/OR THE CK SERVICE, OR OF ANY PRODUCT, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR ACCESSED THROUGH ANY OF THEM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED OR PURCHASED THROUGH THE WEBSITE AND/OR THE CK SERVICE OR ANY PRODUCT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE WEBSITE AND/OR THE CK SERVICE OR ANY PRODUCT IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR POTENTIAL DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACQUISITION OF ANY SUCH MATERIAL.

CK DOES NOT GUARANTEE THAT ANY PARTICULAR CK SERVICE, ANY PRODUCT AND ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN WILL BE AVAILABLE AT ALL TIMES OR AT ANY GIVEN TIME OR THAT CK WILL CONTINUE TO OFFER THE SAME FOR ANY PARTICULAR LENGTH OF TIME. CK MAKES NO WARRANTY OR REPRESENTATION REGARDING THE AVAILABILITY OF ONLINE PRODUCT OR SERVICE FEATURES. CK RESERVES THE RIGHT TO MODIFY OR DISCONTINUE ONLINE PRODUCT FEATURES IN ITS SOLE DISCRETION WITHOUT NOTICE, INCLUDING FOR EXAMPLE (AND NOT FOR LIMITATION), CEASING AN ONLINE SERVICE FOR ECONOMIC REASONS DUE TO A LIMITED NUMBER OF USERS CONTINUING TO MAKE USE OF THE ONLINE SERVICE OVER TIME.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, THE CK SERVICE, AND ANY PRODUCT AND ANY INFORMATION, CONTENT OR MATERIALS CONTAINED IN EITHER OF THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITHOUT WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE CK PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE WEBSITE AND THE CK SERVICE, AND AS TO ANY PRODUCT OR ANY INFORMATION, CONTENT OR MATERIALS CONTAINED IN THE WEBSITE OR THE CK SERVICE. CK DOES NOT REPRESENT OR WARRANT THAT THE CK SERVICE, ANY PRODUCT OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACCORDINGLY, , YOU SHOULD USE AND EXCLUSIVELY RELY UPON INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD AND TO OTHERWISE PROTECT YOUR DATA AND COMPUTER SYSTEM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CK OR THROUGH THE CK SERVICE OR ANY PRODUCT WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 10, THE TERM “CK” INCLUDES THE “CK PARTIES.”

11. Notices:

CK may provide you with notice by any means, including (without limitation) via email, postings on the Websites and CK Service and changes to this Agreement. Notices emailed to you will be deemed given and received when the email is sent. If you don’t consent to receive notices electronically, you must stop using the CK Service. A notice that we give is deemed given even if it is intercepted by your spam filter and not actually read. Except for notices to unsubscribe, given in accordance with Section 12 (“Indemnification”, below) and Section 15 (Other provisions, also below), all notices to CK shall be in hard-copy writing and shall be sent by United States Postal Service, Federal Express or United Parcel Service to Console Kings LLC., Attention: Participant Notice, c/o [●], Delaware 19958-9776 (U.S.A.) Notices sent to CK pursuant to any section of this Agreement shall be deemed duly served and effective only on actual receipt by CK. Please refer to our Privacy Policy for information regarding your prerogative under the Federal “Can Spam” Act to opt out of any program to send you information and solicitations by email.

12. Indemnification:

You agree to defend, indemnify and hold harmless CK and the CK Parties and their respective suppliers, licensors and partners from and against any and all claims, losses, damages, liabilities and expenses, including legal fees and expenses, resulting from or arising out of: (a) any violation of this Agreement; (b) any negligent or wrongful conduct; (c) your use, misuse and/or access of the CK Service; (d) a violation by you of any applicable law; (e) any content you post, store or otherwise transmit in or through the CK Service; and/or (f) your violation of the rights of any third party, or any breach of the representations, warranties, and covenants made by you herein. CK reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify CK, and you agree to cooperate with CK’s defense of these claims, at your sole cost and expense.

13. Termination:

You may unsubscribe at any time by sending an unsubscribe request to us at support@[●].com and we will process your request within a reasonable time after receipt. You may unsubscribe from any premium membership at any time by going to accounts.[●].com/account/membership and canceling the auto-renew on your membership. An inactive user account with the CK Service is an account in which the user has not logged in for one hundred eighty (180) consecutive days. CK shall have the unlimited right but not the obligation to terminate your account at any time while it is an inactive account and in so doing to terminate your license and passwords (all) without notice to you. CK reserves the right, without limitation, without notice, and in our sole discretion, to terminate Your license to use the CK Service and Your accounts and passwords to the CK Service and to block or prevent Your future access to and use of the CK Service or Your account and passwords, for any reason, including, without limitation, if you are in violation of any provision of the Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Agreement), CK is required by applicable law, or CK is no longer providing the CK Service to users in the country in which you are a resident or from which you use the CK Service. The foregoing includes CK having the ability to terminate or to suspend Your access to any purchased products or services. Your only remedy with respect to any dissatisfaction with (a) the CK Service, (b) any provision of this Agreement, (c) any policy or practice of CK in operating the CK Service, or (d) any content or information transmitted through the CK Service, is to terminate Your account and discontinuing use of the CK Service. The introductory paragraphs and all sections of these rules will survive any termination of Your access to the Website.

14. Expectation of Privacy:

Communications made using the CK Service should not be considered private. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any UGC or communications, including without limitation chat text or voice communications. Because voice chat and other communications may be viewed and/or heard by other users, users should avoid revealing any personally identifiable information.

15. Copyright Complaints

CK respects the intellectual property of others. Accordingly, we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify CK of your infringement allegation in accordance with the procedure below.

As set forth in our Copyright policy, CK will process and investigate notices of alleged infringement and will take appropriate actions under the United States Digital Millennium Copyright Act (the “DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of alleged copyright infringement should be emailed to CK Copyright Agent at: support@[●].com (Subject Line: “DMCA Takedown Request”). You may also send your takedown request by United States Postal Service, Federal Express or United Parcel Service to:

Console Kings, LLC (Attention: DMCA Takedown Request) c/o [●], Delaware 19958-9776 (U.S.A.).

To be effective, the notification must be in writing and contain the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest regarding which the allegation is made;

2. A description of the copyrighted work or other intellectual property that you claim has been infringed:

3. A description of where the material that you allege is infringing is located on the Website, with enough detail that we may find it on the Website;

4. Your physical mailing address, telephone number and email address;

5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are or represent the copyright to intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.

Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content on the Website, you may send a written counter-notice containing the following information to the Copyright agent:

1. Your physical or electronic signature;

2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content; and

4. Your name, physical address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Delaware, U.S.A. and a statement that you will accept service of process of that court upon the suit of the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Console Kings, LLC will send a copy of the counter-notice to the original complaining party informing that person that the Sponsor may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored, in fourteen (14) days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer policy: In accordance with the DMCA and other applicable law, Console Kings, LLC has adopted a policy of terminating, in appropriate circumstances and at Console Kings’s sole discretion, the account and access to the Website of users who are deemed to be repeat infringers. Console Kings may also at its sole discretion limit access to the Site and/or terminate the participation of any users (Participants) who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

16. Other Provisions:

You warrant, represent, acknowledge and agree that you have and understand this Agreement, including, without limitation, all other provisions displayed on the Website and applicable to use of the Website and the CK Service. This includes and is not limited to, any supplemental terms that govern contests, competitions and tournaments offered in connection with the Website and the use of certain specific material contained on the Website. This also includes any operating rules for the CK Service established by CK. And the Privacy policy. Together these provisions are the entire agreement of the parties with respect to the subject matter hereof and thereof, and supersede any previous written or oral agreements between the parties with respect to general and specific subject matter of this Agreement. This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you. CK and the CK Parties may hypothecate, sell, assign or transfer this Agreement or any part of this Agreement without restriction or notice. Any purported transfer or assignment attempted to be made by you in violation of this Agreement shall be void ab initio. The provisions of this Agreement will be deemed severable: any unenforceability of any one or more provisions will not affect the enforceability of any other provisions or of this Agreement as a whole. In addition, if any provision of the Agreement, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of the parties. The failure by CK to partially or fully exercise any rights or the waiver of any breach of this Agreement by you, shall not prevent a subsequent exercise of such right by CK or be deemed a waiver by CK of any subsequent breach by you of the same or any other term of this Agreement. CK’s rights and remedies under this Agreement shall be cumulative. The exercise of any such right or remedy shall not limit CK’s right to exercise any other right or remedy. The section headings used in this Agreement are for convenience only and shall not be given any legal import.

Please note that the United States Digital Millennium Copyright Act provides that you may be liable for damages (including costs and attorney fees) if you knowingly misrepresent that material or activity is infringing. Please also note that the information provided in your copyright infringement notice may be provided to the person responsible for the allegedly infringing material.

Questions: Should you have any questions regarding this Agreement you may contact us through the Website or e-mail support@[●].com.

17. Changed Terms:

From time to time, CK may need to amend this Agreement, for example to reflect or include new products or services, to enhance security for users or because of changes in the law. If CK makes such a change to this Agreement we will inform you of the particular changes in advance via e-mail no later than thirty (30) calendar days before such changes come into force and you shall be deemed to have accepted these changes (i) unless you have notified us of your objection to such changes within thirty (30) calendar days from the moment of receipt the e-mail notification from us, or (ii) if you use the CK Service after the changes have entered into force. In the e-mail notification, we will inform you of your right to object, of the applicable notice period and the legal consequences of a failure to object.

The latest version of this Agreement will always be available on our website, so we recommend that you check for updates to this Agreement each time you use the CK Services. Changes to the Agreement shall not affect your accrued rights, shall not substantially disrupt the contractual balance between you and us under this Agreement and shall not have retroactive effect.

18. Third-Party Trade Marks

All rights reserved. Xbox and Xbox One are registered trademarks of Microsoft Corporation. Microsoft Corporation is not affiliated with consolekings.com. PlayStation and PlayStation 4 are registered trademarks of Sony Computer Entertainment. Sony Computer Entertainment is not affiliated with consolekings.com. All other trademarks are the property of their respective owners.