This Agreement is a Binding Contract. This User Agreement (“Agreement”) is a legally binding contract between you and Kongregate Inc. and with our parent company, subsidiaries and affiliates (“Kongregate,” “we” or “us”). By visiting or playing games on www.kongregate.com, by visiting, downloading or purchasing games on www.kartridge.com and any other site or online service that is owned or operated by Kongregate (each, a “Site,” and collectively, the “Sites,”), by purchasing or downloading mobile games, whether published by Kongregate (each, an “App,” and collectively, the “Apps,” and together with the Sites, the “Platform”) or made available on a Platform owned or operated by Kongregate (e.g., Kartridge), by playing games that can be played through third party platforms, e.g., via consoles, PCs and/or social media sites such as Facebook (“3rd Party Platform Games”) or by otherwise accessing any of our other products, services or content through any of our Platform or through 3rd Party Platform Games (collectively, “Services”), you agree to and accept this User Agreement, which we may update from time to time. Effective as of November 1, 2018.  1.  This Agreement is a Binding Contract. This User Agreement (“Agreement”) is a legally binding contract between you and Kongregate Inc. and with our parent company, subsidiaries and affiliates (“Kongregate,” “we” or “us”). By visiting or playing games on www.kongregate.com, by visiting, downloading or purchasing games on www.kartridge.com and any other site or online service that is owned or operated by Kongregate (each, a “Site,” and collectively, the “Sites,”), by purchasing or downloading mobile games, whether published by Kongregate (each, an “App,” and collectively, the “Apps,” and together with the Sites, the “Platform”) or made available on a Platform owned or operated by Kongregate (e.g., Kartridge), by playing games that can be played through third party platforms, e.g., via consoles, PCs and/or social media sites such as Facebook (“3rd Party Platform Games”) or by otherwise accessing any of our other products, services or content through any of our Platform or through 3rd Party Platform Games (collectively, “Services”), you agree to and accept this User Agreement, which we may update from time to time. We reserve the right, at our discretion, to change, modify, add or remove portions of the Agreement at any time by posting the amended Agreement on our Platform or within our Services (such as through in-game notices). If there is a material change, we may also provide additional notice by sending an email or messaging within the Services. Unless we state otherwise, the changes are effective immediately upon posting. We reserve the right, at our discretion, to change, modify, add or remove portions of the Agreement at any time by posting the amended Agreement on our Platform or within our Services (such as through in-game notices). If there is a material change, we may also provide additional notice by sending an email or messaging within the Services. If any portion of this Agreement is deemed to be illegal or unenforceable, the remainder of the Agreement shall be unaffected and shall continue to be fully valid, binding, and enforceable. To use our Services or become a “User” (as defined below), you agree that you can enter into a binding contract with Kongregate and that you are not a Child. “Child” or “Children” means anyone under the age of 13 (or under 16 in certain European countries). You are responsible for maintaining the security of your Account. you may stop using our Services at any time and may request that we delete your Account. Under this Agreement, we grant you a limited, personal, non-transferable and non-assignable license to use our Services and the Content therein. The Content in our Services are for gaming services and for your non-commercial enjoyment and entertainment. IF YOU HAVE BEEN FOUND IN VIOLATION OF THIS AGREEMENT, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND AT ANY TIME, TO LIMIT, SUSPEND, MODIFY OR TERMINATE ACCOUNTS OR ACCESS TO SERVICES OR ANY PORTION THEREOF. Not in violation of law; Not in violation of contractual restrictions or third party rights, and that you have permission to use content from any other party whose personal or other information or intellectual property is contained in the UGC; Not abusive, harmful, libelous, profane, obscene or otherwise objectionable; Opinions expressed in UGC do not necessarily reflect the opinions of Kongregate. you further agree that Kongregate and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move, or remove any UGC that is available via the Platform.  YOU UNDERSTAND AND AGREE THAT KONGREGATE MAY CANCEL YOUR ACCOUNT AND DELETE ALL UGC ASSOCIATED WITH YOUR ACCOUNT AT ANY TIME, AND WITHOUT NOTICE, IF KONGREGATE DEEMS THAT YOU MATERIALLY BREACH THESE POSTING RULES, THIS AGREEMENT, APPLICABLE LAW, OR FOR ANY OTHER REASON. KONGREGATE ASSUMES NO LIABILITY FOR ANY INFORMATION REMOVED FROM OUR PLATFORM AND RESERVES THE RIGHT TO PERMANENTLY RESTRICT ACCESS TO SERVICES OR TERMINATE AN ACCOUNT.  By displaying, publishing, or otherwise posting any UGC on or through the Platform, you hereby grant to Kongregate a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such UGC. This license will terminate at the time your UGC is removed either by you or Kongregate from the Platform. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. Kongregate is not liable for any claim relating to any content, goods or services of third parties. You agree to indemnify, defend and hold Kongregate, its parents, subsidiaries, officers, employees, and contractors harmless from and against any and all third party claims, damages and expenses (including reasonable attorneys’ fees) arising from or in connection with (A) your use of our Services. (B) your UGC. (C) your conduct or interactions with other users of our Services. or (D) your breach of this Agreement or any breach thereof by your dependents. THE PLATFORM, THE CONTENT AND SERVICES, AND ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, “WITH ALL FAULTS,” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. If you are a copyright owner or an agent thereof and believe that any content in our Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”), the E-Commerce Directive and associated legislation in the EU, and similar or equivalent other local laws that may apply. Please provide the necessary information on our Proprietary Rights Complaint Process doc and send it to support@kongregate.com. You agree that any claim asserted in any legal proceeding by you against Kongregate shall be commenced and maintained exclusively in any state or federal court located in San Francisco County, California, having subject matter jurisdiction with respect to the dispute between the parties and you hereby consent to the exclusive jurisdiction of such courts. YOU AGREE THAT WE CAN ONLY BRING A CLAIM AGAINST EACH OTHER ON AN INDIVIDUAL BASIS AND YOU AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION. 

Summary:
This service forces users into binding arbitration in the case of disputes. There is a date of the last update of the terms. This service forces users into binding arbitration in the case of disputes. The service may change its terms at any time, but the user will receive notification of the changes.. Users should revisit the terms periodically, although in case of material changes, the service will notify. Invalidity of any portion of the Terms of Service does not entail invalidity of its remainder. This service is only available to users over a certain age. You are responsible for maintaining the security of your account and for the activities on your account. You have the right to leave this service at any time. This service is only available for use individually and non-commercially.. User accounts can be terminated after having been in breach of the terms of service repeatedly. Users agree not to submit illegal content. Users agree not to submit libelous, harassing or threatening content. This service does not condone any ideas contained in its user-generated contents. The service can delete specific content without reason and may do it without prior notice. The service can suspend your account for several reasons. The copyright license maintained by the service over user data and/or content is broader than necessary.. You can delete your content from this service. The service is not responsible for linked or (clearly) quoted content from third-party content providers. You agree to defend, indemnify, and hold the service harmless in case of a claim related to your use of the service. The service is provided 'as is' and to be used at the users' sole risk. Provides instructions on how to submit a copyright claim. The court of law governing the terms is in location X. You waive your right to a class action..