Governing Law and Other Miscellaneous Terms
The parties and their respective personnel are and shall be independent contractors, and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party. You acknowledge and agree that any expenses that you incur in furtherance of this Agreement are voluntary in nature and are made with the knowledge that this Agreement may be terminated as provided herein. You shall not make a claim against GameStreamer, and GameStreamer shall not be liable with respect to the recoupment of any expenditures or investment made by you in anticipation of the continuation of this Agreement beyond the term hereof. The parties agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to GameStreamer which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that GameStreamer has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies GameStreamer may have for your breach of this Agreement.
The Website originates from within the United States, and the validity and effect of these Terms of Service shall be governed by and construed and enforced in accordance with the laws of the state of Florida, U.S.A. without regard to its conflicts or choice of laws principles. If you are not a citizen or resident of the United States, all disputes, actions, claims or proceedings between the parties relating to the validity, construction or performance of, or otherwise concerning the Website or this Agreement (except for claims by GameStreamer for injunctive or other equitable relief) shall be settled by arbitration in accordance with UNCITRAL Arbitration Rules as at present in force. The appointing authority shall be the International Chamber of Commerce ("ICC") acting in accordance with the rules adopted by the ICC for this purpose, and the place of arbitration shall be Tampa, Florida, U.S.A. There shall be only one arbitrator. The award shall be in law and not in equity and shall be final and binding on both parties. The parties hereto irrevocably agree to submit all matters and disputes arising in connection with this Agreement to arbitration in the Tampa, Florida, U.S.A. metropolitan area. The language of arbitration shall be English. The decision of the arbitrator shall be final, binding and incontestable and may be used as a basis for judgment thereon in any country or region.
If you are a citizen or resident of the United States (or if GameStreamer seeks injunctive or other equitable relief), all disputes, actions, claims or proceedings between the parties relating to the validity, construction or performance of, or otherwise concerning the Website or this Agreement shall be brought exclusively in the federal or state courts located in or serving Hillsborough County, Florida, USA. The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the federal and/or state courts located in or serving Hillsborough County, Florida, USA. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts located in or serving Hillsborough County, Florida, USA and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court located in or serving Hillsborough County, Florida, USA.
In the event the foregoing arbitration provision does not apply, is found inapplicable or otherwise not given full force and effect, the parties agree that the sole and exclusive jurisdiction and venue for any and all unresolved disputes related to this Agreement shall be in any trial or appellate court located in or serving Hillsborough County, Florida, USA.
If any action at law or in equity or any arbitration proceeding is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting and construing this Agreement. The controlling language of this Agreement is English. Any translations of this Agreement that may have been provided by GameStreamer have been provided for convenience only and shall have no binding effect.
If the performance of any part of this Agreement by either party (other than payment of money) is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor dispute, act of God, telecommunications failure or any other cause beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such cause.
This Agreement, including any other agreements or additional terms referenced herein, constitutes the complete and exclusive statement of the Agreement between the parties with respect to the Web Site, Content, Widgets and products and services offered via the Website, and, unless otherwise expressly provided herein, it supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Website, Content, Widgets and products and services sold via the Web Site. The disclaimers, terms and conditions on these pages are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application disclosed on any particular page of this Website, through the registration process or contained in other express agreements entered into between you and GameStreamer. In the event of an express conflict between these Terms of Service and any additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application or any separate agreement entered into between you and GameStreamer, such additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application or separate agreement shall control to the extent of such conflict. If any provision of this Agreement is found unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision. As so reformed or modified, the court shall fully enforce this Agreement. The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.
The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement.
GameStreamer makes no representation that Content or other material or information on the Website is appropriate to or available in locations outside of the United States. You may not use the Website or export Content in violation of United States export laws, regulations or restrictions. If you access the Website from outside of the United States, you are responsible for compliance with all applicable laws.