POWER62.COM

Terms and Conditions


Last Updated: 6/1/2018


Please read these Terms of Use ("Terms", "Terms of Use" , “Terms and Conditions”) carefully before using the http://www.power62.com website operated by Power62® ("us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase. We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Power62® has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Power62® shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 10 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Under no circumstances shall Power62® or its affiliates, partners, supplier or licensors be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your access or use of or inability to access or use the application and any third-party content and services, whether or not the damages were foreseeable and whether or not company was advised of the possibility of such damages. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. If you have any questions about these Terms and Conditions, please contact us.


Content

The information, text, graphics, videos, or other material (“Content”) of the pages of this website is for general information and use only and is subject to change without notice. The accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose is not guaranteed. You acknowledge that such information and materials may contain errors or inaccuracies and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any information available through this website meet your specific requirements.


Types of Content

The Content of the pages of this website falls in four (4) categories:

Functional Content – any content used to define interactions, transactions and user interface elements included but no limited to navigation menus, content categories, content tags or transactional content. Authored Content – any content posted by registered users included but not limited to content published by partners, authors or registered users as a result of, but not limited to, a service contract.

User Content – any stored by registered users, that it is not the subject of a contract, and are subject to these Terms.

Public Content – any content posted by registered users in the comment section of the Service.


Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material. You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness. By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any

other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright, promoting a Hate Organization as defined here, or is engaging in hate speech. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

Power62® Games INC has the right but not the obligation to monitor and edit all Content provided by users. In addition, Content found on or through this Service are the property of Power62® Games INC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without the express advance written permission from us.


Communications

You may communicate with us using the email customerservice@power62.com for general communication, product information, support, any other commercial or non-commercial inquiry, for any privacy-related information or request or on inquiries on our Products. If you initiate a contact with us, without being a registered user, we will use your contact information to respond to your requests. We may send you information by email on our Service’s new content, our Products, or other promotions. If required by applicable law, we will send you such information only with your consent. Please note that we will send transactional messages, triggered, but not limited by opt-ins, opt-outs, account changes, Product(s) downloads, and any Personal Data requests.

We will deliver Service Bulletins and Product Bulletins regarding the provision of our Service to our Service Customers unless an account deletion and/or contract termination request is made. A Service Bulletin is non- marketing and non-commercial communication including but not limited to updates to the Terms and Conditions, Privacy Policy, Cookie Policy, Business Transactions, and any other contractual communication. A Product Bulletin is a non-marketing and non-commercial communication, including but not limited to security notifications, Product(s) updates, Product(s) security patches or data breach notifications. If at any time, you wish not to receive any future communications, or you wish to have your name deleted from our mailing lists, or you wish to have your Personal Data removed from our Service, you may contact us at customerservice@power62.com.


Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to your billing address, and your shipping information.

You represent and warrant that the information you supply to us is true, correct and complete. The service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. Depending on your payment choice, you may need to provide additional details including, but not limited to your credit card number, the expiration date of your credit card. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order

or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.


Returns and Refunds Policy

We issue refunds for digital products within 20 days of the original Purchase of the product. We issue refunds for digital products only under the following conditions:

You can contact our Copyright Agent via email at customerservice@power62.com


Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Power62® Games INC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Power62® Games INC.


Links to Other Web Sites

Our Service may contain links to third party websites or services that are not owned or controlled by Power62 Games INC. Power62 Games INC has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Power62 Games INC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.


Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you are a Visitor and wish to terminate your account, you may simply discontinue using the Service. If you are a Registered User and wish to terminate your account, you must delete your account using the built-in functionality, or submit a delete request at

customerservice@power62.com. If you are a Newsletter Subscriber and wish to terminate your account, you must opt-out from the Service or submit a delete request at customerservice@power62.com. If applicable, you also must delete your account using the built-in functionality. If you are a Customer and wish to terminate your account, you must delete your account using the built-in functionality, or submit a delete request

at customerservice@power62.com. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


Indemnification

You agree to defend, indemnify and hold harmless Power62 Games INC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.


Limitation of Liability

In no event shall Power62 Games INC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or

course of performance.

Power62 Games INC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will

meet your requirements.


Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.


Governing Law

These Terms shall be governed and construed in accordance with the laws of Wyoming, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.


Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 day’s notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service. We reserve the right, at our sole discretion, to modify or replace the design on all products at any time.


CONTACT US

If you have any questions about this Privacy Policy, please contact us at customerservice@power62.com or at:


Power62 Games Inc

2780 South Jones Blvd, Suite 200-3952, Las Vegas, Nevada 89146