Dec 2, 2024
Welcome to Cartridge Gaming Company ("Cartridge," "we," "our," or "us"). Please read these Terms of Service (these “Terms”, and, collectively with the Privacy Policy (defined below), this "Agreement") carefully as they govern your access to and use of our website(s), products, services and applications (collectively, the "Services"). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:
Email: contact@cartridge.gg
Address: Cartridge Gaming Company, 1 Dock 72 Way, Brooklyn, NY 11205
These Terms are a binding contract between you and Cartridge. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. If you are using the Services on behalf of an organization or entity, you agree that you are authorized to agree to these Terms on such organization's or entity's behalf (in which case, all references to "you" and "your" hereunder include such organization or entity).
PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Services Description
What Cartridge Does
Cartridge provides three core Services to its customers:
We authenticate your wallet with Web3 applications and initialize Web3 applications for your use and enjoyment.
We provide you with embedded wallets so you can easily transact and access on-chain systems as part of using the Services.
We provide a web3 transaction service to facilitate transaction execution and service payment.
We sell non-refundable credits that you can use for our Services whose costs are denominated in Cartridge Credits (defined below).
Basic Usage
Cartridge Credits
Nature of Credits
"Cartridge Credits" are digital units of value that can be used solely within our Services.
Cartridge Credits have no cash value and cannot be redeemed for cash.
Cartridge Credits are not a cryptocurrency, virtual currency, security, commodity, or any other kind of financial instrument.
Purchase of Cartridge Credits does not represent an investment or speculation opportunity.
Purchasing Credits
Credits can be purchased using fiat currency through our Stripe-powered payment system.
Credit purchases are final and non-refundable unless otherwise required by applicable law.
We reserve the right to change the purchase price of Credits at any time.
Minimum and maximum purchase amounts may apply.
Credit Balance and Usage
Your Credit balance represents a limited right to use features of our Services
Credits are non-transferable and may not be resold, exchanged, or transferred for value
Credits may only be used for designated services within our platform
We reserve the right to expire, revoke, or modify Credits at any time
Restrictions
You may not sell, barter, or trade Cartridge Credits.
You may not accumulate Credits through unauthorized means.
Creating multiple accounts to accumulate Credits is prohibited.
Any attempt to manipulate, hack, or abuse the Credit system is strictly prohibited.
Account Management
You are responsible for all Credit purchases made through your account.
Unauthorized use of your account to purchase Credits should be reported immediately.
We may suspend Credit purchases or usage if we suspect fraudulent activity.
Credit balances may be forfeited upon account termination.
Fees and Charges
We may charge administrative fees for Credit-related transactions.
All applicable taxes on Credit purchases will be collected at the time of purchase.
Currency conversion fees may apply for international transactions.
Payment processing fees are included in the displayed Credit purchase price.
Refunds and Cancellations
Credit purchases are generally non-refundable
We may, at our sole discretion, issue refunds in exceptional circumstances
Refunds, if issued, will be processed through the original payment method
Chargebacks or payment disputes may result in account suspension
Service Changes
We reserve the right to modify, suspend, or discontinue the Credit system
The value, utility, or features available for Credits may change
We will make reasonable efforts to notify users of significant changes
No compensation will be provided for changes in Credit utility or value
Errors and Corrections
We reserve the right to correct any errors in Credit balances
Credit balances displayed may be adjusted to reflect actual purchase history
Users must report suspected Credit balance errors within 30 days
We may suspend Credit usage during error investigation
Legal Compliance
Credit purchases and usage must comply with all applicable laws
We may require additional verification for large Credit purchases
We reserve the right to limit or decline Credit purchases
We will cooperate with law enforcement investigations regarding Credit transactions
Credit Expiration
Credits do not expire under normal circumstances
Credits may be forfeited for violation of these Terms
Inactive accounts of over 2 years may have Credits suspended or forfeited
Disputes
Disputes regarding Credits must be submitted in writing
Resolution of Credit disputes is at our sole discretion
The arbitration provisions in these Terms apply to Credit-related disputes
Small claims court may be used for eligible Credit-related disputes
Payment Processing Services
We use Stripe, Inc. ("Stripe") as our payment processing service to process credit and debit card transactions
By making a purchase on our Services, you agree to be bound by Stripe's Terms of Service (available at https://stripe.com/legal) and acknowledge Stripe's Privacy Policy (available at https://stripe.com/privacy)
You expressly authorize us and our third-party payment processor, Stripe, to charge your payment method for all amounts due
Your payment information is processed and stored by Stripe in accordance with their security standards and policies
We do not directly collect, store, or process your credit card or banking information
You are responsible for the accuracy of the payment information you provide
Account Creation and Security
Registration Requirements
You may be required to sign up for an account and create a credential. You promise to provide us with accurate, complete, and updated registration information about yourself. You agree that you will not set up an account with the intent to impersonate another person.
Wallet Security
When you create a Wallet with which to interact with the Services, you will be able to a passkey ("Passkey") to generate encrypted private keys to protect that Wallet. You should safeguard your Passkey as it is necessary to access your Wallet.
**IMPORTANT**: Cartridge does not store any Wallet or unencrypted Passkey in any Cartridge system and never has access to your unencrypted Passkey. You acknowledge that Cartridge only provides self-custodial (i.e., non-custodial) Wallets and Cartridge does not store or have access to your Wallets, Credentials or assets contained in Wallets. Accordingly, Cartridge cannot assist with retrieving any such Credentials.
Security Responsibilities
You are responsible for:
Storing and safeguarding your Passkey, any passwords, private keys, recovery phrases and other credentials
Using commercially reasonable efforts to prevent unauthorized access
All activities that occur under your account
Notifying us immediately of any unauthorized or suspicious activity
NEITHER CARTRIDGE NOR ITS EMPLOYEES WILL EVER ASK YOU FOR INFORMATION ABOUT YOUR WALLET SECRET OR OTHER DETAILS THAT COULD BE USED TO TAKE FULL CONTROL OVER YOUR WALLET.
Transactions and Third-Party Services
Transactions Through Cartridge Credits
The Cartridge Credits enable you to access third-party applications, including decentralized applications ("DAPP") and select Web3 games, which may allow you to earn, swap, or trade digital assets. Cartridge is not responsible for our access or use of any DAPP or Web3 Game on your behalf. Your use of any DAPP or Web3 game is subject to the terms and conditions of the third-party DAPP or Web3 game provider.
Important points regarding Web3 transactions:
We cannot freeze, cancel or modify any transaction executed by or for you
We do not store, send, or receive digital assets
Transactions occur on the relevant blockchain network
Unless otherwise set by us, you are responsible for all gas fees and transaction fees
We cannot guarantee transaction completion
Prohibited Activities
You agree that you will not use your Cartridge Credits to:
Pay for, support, or engage in illegal activities
Purchase or sell illegal goods or services
Engage in fraud or money laundering
Support terrorist activities
User Representations and Warranties
By accessing or using the Services, you represent, warrant, and covenant that:
Legal Capacity:
You are an individual of legal age to form a binding contract in your jurisdiction.
If acting on behalf of an entity, you have full authority to bind that entity to these Terms.
If not of legal age, you have received your parent's or guardian's permission and they agree to be bound by these Terms.
Compliance with Laws:
Your access to and use of the Services is not prohibited by, and does not otherwise violate or assist you to violate, any applicable laws, rules, or regulations
You will comply with all applicable local, state, national, and international laws, rules, and regulations, including, without limitation:
Any applicable sanctions laws
Export control laws
Securities or other financial regulatory laws
Anti-money laundering laws
Privacy laws
Data protection laws
Identity and Location:
All registration information you submit is truthful and accurate
You will maintain the accuracy of such information
Prohibited Persons and Territories: for the duration of your use of the Services, will not be:
The subject of economic or trade sanctions administered or enforced by any governmental authority
Listed on any sanctions-related list of sanctioned persons maintained by:
The United Nations Security Council
The European Union
His Majesty's Treasury of the United Kingdom
The U.S. Department of Treasury
Any other relevant sanctions authority
Located, organized, or resident in a country or territory that is the subject of comprehensive sanctions, including:
Cuba
Iran
North Korea
Syria
The Crimea, Donetsk, and Luhansk regions of Ukraine
Any other restricted territories as defined by applicable authorities
Technical and Security Warranties: You represent, warrant, and covenant that you will not:
Security Measures:
Use any Virtual Private Network (VPN) or other privacy or anonymization tools to circumvent restrictions
Attempt to bypass or circumvent any security features
Interfere with or disrupt the integrity or performance of the Services
Attempt to gain unauthorized access to the Services or related systems
Technical Restrictions:
Use any robot, spider, scraper, or other automated means to access the Services
Engage in any data mining, harvesting, or extraction activities
Attempt to decompile, reverse engineer, or otherwise attempt to obtain the source code
Use the Services in a manner that could damage, disable, overburden, or impair any servers or networks
You will not attempt to probe, scan, or test our systems or security
You will not use the Services in any way that could damage our reputation
You will not engage in any activity that interferes with or disrupts the Services
You will respect the intellectual property rights of others
Digital Assets and Transactions: You represent, warrant, and covenant that:
Ownership and Authority:
You either own or are authorized to use any digital assets you interact with through the Services
You have the right to engage in any transaction you initiate or ask us to initiate for you
Any assets you use in connection with the Services are legally obtained and owned
Transaction Understanding:
You understand the nature and risks of digital asset transactions
You accept that transactions may be irreversible
You acknowledge that the value of digital assets can be volatile
You understand that you are solely responsible for determining any tax obligations
Service Usage Warranties. You warrant and covenant that you will not use the Services to:
Content and Communication:
Upload or transmit any content that infringes intellectual property rights
Share content that is defamatory, obscene, or harmful
Distribute unauthorized promotional or advertising materials
Transmit any malicious code or malware
Engage in activities that violate others' privacy
Prohibited Activities:
Engage in market manipulation or fraudulent activities
Conduct or promote illegal activities
Impersonate any person or entity
Attempt to bypass any restrictions on the Services
Use the Services for money laundering or terrorist financing
Acknowledgments. You acknowledge and agree that:
Risk Awareness:
Digital asset transactions involve substantial risk
Past performance is not indicative of future results
You could lose all assets stored in your wallet
Technical failures could impact your ability to access your assets
Service Limitations:
We do not provide investment, legal, or tax advice
We cannot guarantee the availability or performance of the Services
We are not responsible for third-party services or products
We may modify or discontinue Services at any time
Responsibility:
You are solely responsible for your use of the Services
You are responsible for maintaining backups of your information
You must evaluate and bear all risks associated with using the Services
You are responsible for ensuring your use complies with applicable laws
Verification Rights.
We reserve the right to verify your compliance with these representations, warranties, and covenants at any time. Violation of any of these provisions is grounds for immediate termination of your access to the Services.
Privacy and Data Protection
Data Collection and Use
"PII" means any information obtained in connection with your use of the Services that can reasonably be used to identify you, including but not limited to:
Full name
Contact information
Wallet information
Other identifiers
For complete information about our privacy practices, please see our Privacy Policy (available at https://cartridge.gg/pages/privacy-policy).
Data Security
Cartridge implements appropriate technical and organizational measures to protect your PII against:
Unauthorized access
Unlawful processing
Accidental loss or destruction
Security breaches
We will notify you promptly of any security breaches affecting your data.
Intellectual Property Rights
General Ownership
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are owned by Cartridge, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Neither this Agreement nor your use of the Services transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited, personal, non-exclusive license granted below.
License Grant and Restrictions
Subject to the terms of this Agreement, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to:
Access and use our Services solely in accordance with this Agreement
Download and display locally Content solely for purposes of using the Services
Access and utilize any developer tools or documentation we provide, subject to any additional terms
You agree that you will not:
Use, modify, distribute, tamper with, reverse engineer, disassemble or decompile any of our Services
Create derivative works based on the Services or any part thereof
Copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit the Services or Content for any purpose
Remove or modify any proprietary notices or labels
Use any data mining, robots, scraping, or similar data gathering methods
Attempt to probe, scan or test the vulnerability of the Services or circumvent any security measures
Access the Services to build a similar or competitive website, product, or service
Content Usage and Restrictions
The Services may contain material such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other content provided by or on behalf of Cartridge ("Content"). The Content is protected under both United States and foreign laws.
All goodwill generated from the use of Cartridge Trademarks inures to our benefit. Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors.
Trademarks and Trade Dress
The trademarks, service marks, and logos of Cartridge (the "Cartridge Trademarks") used and displayed on the Services are registered and unregistered trademarks or service marks of Cartridge. Other company, product, and service names located on the Services may be trademarks or service marks owned by others (the "Third-Party Trademarks," and, collectively with Cartridge Trademarks, the "Trademarks").
Nothing in this Agreement or on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Services without our prior written permission. The use of our trade names, trademarks, or service marks in any manner that is likely to cause confusion among customers, or that disparages or discredits Cartridge, is prohibited.
Software and Developer Tools
Unless otherwise agreed between Cartridge and you, each of the applications, services, or tools marketed on our site is made available solely for license, not sale, to you and other prospective customers under the terms, conditions and restrictions of the license agreement made available to you herein and when purchasing our applications or services.
You will comply with all terms and conditions of the specific license agreement for any applications or services you obtain through us, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing, and transfer of those licensed applications and services.
Feedback and Contributions
If you provide us with any feedback or suggestions regarding the Services ("Feedback"), you hereby:
Assign to us all rights in such Feedback
Agree that we have the right to use and fully exploit such Feedback and related information in any manner we deem appropriate
Verify that any such Feedback will be treated as non-confidential and non-proprietary
We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.
User Content
Any content you upload to the Services remains your property, but you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods (now known or later developed) to provide the Services.
Copyright Infringement Claims
We respect the intellectual property rights of others and attempt to comply with all relevant laws. We will review all claims of copyright infringement received and remove any content deemed to have been posted or distributed in violation of any such laws.
If you believe that your work has been copied on the Services in a way that constitutes copyright infringement, please provide our agent with notice including:
A description of the copyrighted work that has been infringed
A description of where the allegedly infringing material is located
Your contact information
A statement by you that you have a good faith belief that the disputed use is not authorized
A statement by you, made under penalty of perjury, that the information in your notice is accurate
An electronic or physical signature of the copyright owner or authorized person
Third-Party Intellectual Property
This Agreement does not transfer from Cartridge to you any Third-Party Intellectual Property, and all right, title, and interest in and to such property will remain solely with the Third-Party owner. Cartridge, the Cartridge logo, and all other trademarks, service marks, graphics and logos used in connection with Cartridge or the Services are trademarks or registered trademarks of Cartridge or Cartridge's licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any Cartridge or Third-Party trademarks.
Disclaimers and Limitations of Liability
Warranty Disclaimer
Cartridge and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Cartridge and all such parties together, the "Cartridge Parties") make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the Cartridge Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services.
THE SERVICES AND CONTENT ARE PROVIDED BY CARTRIDGE (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE THAT DIGITAL ASSETS INVOLVE RISKS, INCLUDING THE RISK OF LOSS OF SOME OR ALL DIGITAL ASSETS. USE OF ANY WALLET RECOVERY SERVICE INCLUDED AS PART OF THE SERVICES IS OFFERED TO USERS AS A CONVENIENCE, SUBJECT TO THE TERMS SET FORTH IN THIS AGREEMENT. CARTRIDGE DOES NOT AND WILL NOT ACT AS A CUSTODIAN OF A USER'S WALLETS OR CREDENTIALS UNDER ANY CIRCUMSTANCES. USERS ARE SOLELY IN CONTROL OF AND RESPONSIBLE FOR STORING AND SECURING THEIR CREDENTIALS.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE CARTRIDGE PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR:
ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION,
ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY,
ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-HUNDRED ($100) DOLLARS, OR
ANY MATTER BEYOND OUR REASONABLE CONTROL.
FOR CLARITY, CARTRIDGE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, ANY USE OF THE SERVICES INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM:
USER ERROR SUCH AS FORGOTTEN CREDENTIALS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES
SERVER FAILURE OR DATA LOSS
CORRUPTED WALLET FILES
UNAUTHORIZED ACCESS TO APPLICATIONS
ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE OR SERVICES
Indemnification
To the fullest extent permitted by applicable laws, you agree to indemnify, defend and hold harmless Cartridge, as well as its affiliates, licensors, suppliers, service providers, and each of their respective past, present and future officers, directors, members, employees, consultants, representatives, contractors, agents, successors, assignees, and insurers (collectively, the "Indemnified Parties") from and against any and all actual or alleged third party:
Claims, demands, actions, suits, investigations, proceedings, or litigation
Damages, losses, deficiencies, settlements, liabilities, and obligations
Taxes, penalties, interest, fees, and expenses (including without limitation reasonable attorneys' fees and expenses, court costs, costs of settlement, and costs of pursuing indemnification and insurance)
Judgments, awards, assessments, fines of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, "Claims").
You agree to promptly notify us of any third-party Claims and cooperate with the Indemnified Parties in defending such Claims. You further agree that the Indemnified Parties shall have control of the defense or settlement of any third-party Claims, at your expense. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Cartridge.
Additional Indemnification Terms
Assumption of Defense: The Indemnified Parties have the right, but not the obligation, to assume the exclusive defense and control of any matter subject to indemnification by you. In such case:
You agree to cooperate with any reasonable requests in assisting our defense of such matter
You may not settle or compromise any Claim without our prior written consent
We may participate in the defense at our own expense
Advancement of Expenses: You agree to advance all expenses actually and reasonably incurred by the Indemnified Parties in connection with the investigation, defense, settlement, or appeal of any covered Claim.
No Limitation: Your obligations under this section will not be limited by any limitation on amount or type of damages, compensation, or benefits payable by you under workers' compensation acts, disability benefit acts, or other employee benefit acts.
Survival: These indemnification obligations will survive the termination of your account or this Agreement and your use of the Services.
Notice of Claims: While we will make reasonable efforts to provide you with notice of any Claims, failure to provide such notice will not relieve you of your indemnification obligations except to the extent you are materially prejudiced by such failure.
Independent Obligation: Your indemnification obligations under this Agreement are independent of your other obligations under this Agreement.
Exceptions
The indemnification obligations set forth in this section shall not apply to Claims to the extent they arise from the Indemnified Parties’ willful misconduct, gross negligence, material breach of this Agreement, or violation of applicable law, provided that such exception shall only apply to the extent such Claim would not have arisen but for such conduct.
This indemnification section shall be construed in a manner that gives maximum permissible effect to your indemnification obligations while preserving its enforceability under applicable law.
Dispute Resolution
Arbitration Agreement
Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Cartridge and limits the manner in which you can seek relief from Cartridge.
Arbitration Rules; Applicability of Arbitration Agreement.
The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in New York, New York. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the "Rules") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.
Costs of Arbitration.
The Rules will govern payment of all arbitration fees. Cartridge will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Small Claims Court; Infringement.
Either you or Cartridge may assert claims, if they qualify, in small claims court in Brooklyn, New York or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Class Action Waiver
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
YOU AND CARTRIDGE 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.
Opt-Out Rights
You have the right to opt out of the provisions of this Arbitration section by sending written notice of your decision to opt out to: Cartridge Gaming Company, 1 Dock 72 Way, Brooklyn, NY 11205 postmarked within thirty (30) days of first accepting these Terms. You must include:
Your name and residence address
The email address and/or telephone number associated with your account
A clear statement that you want to opt out of these Terms' arbitration agreement
Termination
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.
Upon termination:
All rights granted to you under these Terms will immediately cease
You must cease all use of the Services
You remain bound by Sections of these Terms
We may delete your account and all associated data after a reasonable period
You may export your private keys and other essential data
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. If you have deleted your account by mistake, contact us immediately at contact@cartridge.gg we will try to help, but unfortunately, we can't promise that we can recover or restore anything.
Modifications to Terms
We reserve the right, in our sole discretion, to modify these Terms from time to time. If we make any material modifications, we will notify you by:
Updating the date at the top of these Terms
Sending you an email to the last email address you provided to us
Providing notice through the Services
Requiring you to accept the updated terms before continuing to use the Services
All modifications will be effective when they are posted, and your continued access to or use of any of the Services will serve as confirmation of your acceptance of those modifications. If you do not agree with any modifications to these Terms, you must immediately stop accessing and using all of the Services.
Miscellaneous
Governing Law
These Terms are governed by and will be construed under the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof.
Assignment
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Cartridge's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Severability
If any provision of these Terms shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms shall not be affected.
Force Majeure
We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, pandemic, epidemic, changes in law or regulatory requirements, failure of third-party providers, or other similar events.
No Waiver
The failure of Cartridge to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
Entire Agreement
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Cartridge regarding your use of and access to the Services, and supersede and replace any and all prior oral or written understandings or agreements between you and Cartridge regarding the Services.
Contact Information
For questions about these Terms or the Services, please contact us at:
Email: contact@cartridge.gg
Address: Cartridge Gaming Company, 1 Dock 72 Way, Brooklyn, NY 11205
Copyright © 2024 Cartridge Gaming Company. All rights reserved.