18. Miscellaneous.
(a) Technical Difficulties. We are not responsible for delays, disruptions, malfunctions or other technical interruptions that affect Amusement Game play including, without limitation, problems with Mobile Devices, the App, the Site, our machines, computer systems, telephone carriers, or Internet service providers or the quality of coverage, strength of signal, delays or outages in service.
(b) Linked Sites. You may be able to access third-party websites or services via the Site or App. We are not responsible for third-party websites, services or content available through those third-party websites. You are solely responsible for your dealings with third-parties (including advertisers). Your use of third-party software, websites or services may be subject to those third-parties’ terms and conditions and privacy policies. Please review those legal policies before using any linked websites.
(c) Privacy Policy. The Winner Winner™ Privacy Policy, located at [INSERT LINK], is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully prior to installing the App and/or utilizing the Site and/or any other of the Winner Winner™ Offerings.
(d) Compliance with Laws. You acknowledge that various rules, regulations and laws addressing amusement games and similar promotional contests with prizes govern your participation in the Amusement Games (the “Amusement Game Laws”), and that Amusement Games Laws are set up by each individual US state, or jurisdiction. Notwithstanding the foregoing, the Amusement Games are also governed by, and comply with, various state and federal rules, regulations and laws addressing games of skill (“Skill Game Laws”). In addition to the Amusement Games Laws and Skill Game Laws, you are also subject to all municipal, state and federal laws, rules and regulations of the city and state in which you reside and from which you access the Winner Winner™ Offerings and/or play Amusement Games including, without limitation, U.S. export laws (together with Amusement Games Laws and Skill Game Laws, the “Applicable Law”). You agree to comply and are solely responsible for your compliance with all Applicable Law. Your participation in Amusement Games is at your own risk, and you agree not to hold us responsible or liable if Applicable Law restricts or prohibits your access to or participation in the Amusement Games.
(e) Representations and Warranties. Each User hereby represents and warrants to Company as follows: (i) the Agreement constitutes such User’s legal, valid and binding obligation which is fully enforceable against such User in accordance with its terms; (ii) such User understands and agrees that such User has independently evaluated the desirability of utilizing the Winner Winner™ Offerings and that such User has not relied on any representation and/or warranty other than those set forth in the Agreement; (iii) the execution, delivery and performance by such User of the Agreement will not conflict with or violate: (A) any order, judgment or decree applicable to such User; or (B) any agreement or other instrument applicable to such User; and (iv) such User’s performance under the Agreement, such User’s use of the Winner Winner™ Offerings and such User’s User Content, if any, will not: (A) invade the right of privacy or publicity of any third person; (B) involve any libelous, obscene, indecent or otherwise unlawful material; (C) violate any Applicable Law; and/or (D) otherwise infringe upon the rights of any third-parties including, without limitation, those of copyright, patent, trademark, trade secret or other intellectual property right, false advertising, unfair competition, defamation, invasion of rights of celebrity, violation of any anti-discriminatory law or regulation, or any other right of any person or entity.
(f) Our Rights and Remedies; No Waiver. No Company right or remedy shall be exclusive of any other, whether at law or in equity including, without limitation, damages, injunctive relief, attorneys' fees and expenses. Our failure to require or enforce strict performance by you of any of the terms and conditions contained in the Agreement, or to exercise any right under same, shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance.
(g) Assignment. We may assign the Agreement, and any rights and obligations hereunder, in whole or in part, at any time without notice to you. You may not assign the Agreement or transfer any rights to use the Winner Winner™ Offerings.
(h) Severability. The Agreement is intended to be severable. If for any reason any terms and/or conditions contained in the Agreement are held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such terms and/or conditions shall, in such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Agreement, which shall continue to be binding.
(i) No Third-Party Beneficiaries. The Agreement is solely for your and our benefit, and not for the benefit of any other person, except for our successors and assigns.
(j) Indemnification. You agree, at your own cost and expense, to indemnify and hold us and our members, directors, officers, employees and agents harmless from and against any and all claims, disputes, liabilities, judgments, settlements, actions, debts or rights of action, losses of whatever kind, and all costs and fees, including reasonable legal and attorneys' fees, arising out of or relating to: (i) your breach of the Agreement; (ii) any unauthorized or improper use of your Account, the Winner Winner™ Offerings and related services by any person including yourself; (iii) your violation of Applicable Law; (iv) any failure by you to provide accurate and up-to-date Registration Data, including legal name, billing address, Payment Method information and date of birth; (v) your User Content, if any; and/or (vi) your negligence or misconduct. If we instruct you in writing, you will, at your cost and expense, defend us from any of the foregoing using counsel reasonably acceptable to us.
(k) California User Consumer Rights. In accordance with Cal. Civ. Code Sec. 1789.3, California State resident Users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.
(l) Notice to U.S. Government Users. The App is a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government Users acquire the App with only those rights set forth therein.
(m) Conflicting Terms. To the extent that anything in or associated with the Winner Winner™ Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence; provided, however, that with respect to the Amusement Games, to the extent that anything in these Terms is inconsistent with the applicable Rules, those Rules, as applicable, shall take precedence. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
(n) Ad Serving Limitations. The app will impose ad serving limitations in the form of daily caps to prevent deterioration of the company's monetization ability from serving digital ads. These limitations can vary based on ad unit type, placement and may fluctuate regularly. Any attempt to circumvent ad serving limitations is a prohibited conduct outlined in section 16. Attempts to circumvent ad serving limitations can result in forfeiture of all tickets, prizes and other rewards and suspension or termination of account.
10. Social Media Pages. The Site and App contain links to the various Company Social Media Pages. The Social Media Pages are hosted and made available on third-party Social Media Websites by third-party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that Company shall not be liable to you, any other User or any third-party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.