Global Worldwide, Inc.

Terms of Service

Last Updated: January 31, 2024

This is a legally binding agreement, and you should read it carefully. By installing, using, or otherwise accessing our Services, you confirm your agreement to be bound by these Terms of Services. If you do not agree with any of these terms, you may not install, use, or otherwise access our Services. Use of the Services is void where prohibited.

IMPORTANT NOTICE: For U.S. and Canadian players, disputes with Global Worldwide must generally be resolved on an individual basis through final and binding arbitration. For more details, see the Arbitration Agreement in Section 11.

If there is any difference between the English version and any other language version of these Terms, the English version will apply (to the extent of the difference and to the extent permitted by applicable law).

These terms of service (this "Agreement" or "TOS") set forth a legally binding contract between You and Global Worldwide Inc., a Delaware corporation headquartered in Atlanta, GA ("Global Worldwide," "we," "our," or "us"), governing Your access and use of all our websites, including affiliated websites owned and operated by us (collectively, our "Site"), our applications, games, and any related services (collectively, the "Service"), whether provided directly by us or by any third-party (e.g. Facebook, Apple App Store, Google App Store, third-party game website, etc.). "You," "Your," and "Yourself" mean the person who uses the Service.

By using the Service, You agree that You have read, understand, and agree to be bound by the terms of this Agreement. In addition, when accessing or using certain elements of the Service, You will be subject to any additional terms, as applicable, which are hereby incorporated by reference into this Agreement, including, without limitation, our Privacy Policy, our Forum Rules, and any end user license agreements for any of our software that You use to access to the Service. In case of any conflict between this Agreement and the Forum Rules or other published terms related to the Service, this Agreement will prevail.

1. Requirements for Accessing and Using the Service. Without limiting any other provisions of this Agreement, when you use or access our Services in any capacity, you represent that you are at least the minimum age to consent for data processing under the laws of your jurisdiction (e.g., 13 years old in the United States, and 16 in some EU territories), and not barred from accessing the Services under applicable law. Notwithstanding the foregoing, we may provide some Services that are available specifically to younger players as permitted under applicable law. Regardless, if you are under the age of 18, you hereby agree that you have gotten permission from a parent or guardian to use our Services, and your parent or guardian must agree to these Terms and accept them on your behalf. Parents and legal guardians are responsible for the acts of their children when they use our Services. If you access our Services through a third-party platform or site, you may be required to comply with their policies in addition to these Terms.Your Limited Right To Use the Service. Subject to the terms of this Agreement, and only as long as You fully comply with its terms, You are granted the non-exclusive, non-transferable, revocable, limited, personal license (expressly subject to the limitations below) to access and use the Service solely for Your personal, non-commercial, entertainment purposes. The Service and the Site are protected by federal and common law copyrights (for the images, content, music, and associated source code), federal and common law trademark rights (including, without limitation, Kingdom Maker®, and Global Worldwide® (name and logo)), trade secret and other proprietary rights and laws (collectively, the "Intellectual Property Rights"). You acknowledge and agree that: (a) the Intellectual Property Rights are and will remain the sole and exclusive property of Global Worldwide, (b) You do not acquire any rights in or to the Intellectual Property Rights, except as expressly granted in this Agreement, and (c) You will not use the Service in any way other than as expressly permitted in this Agreement or with prior written permission from Global Worldwide. Any rights not expressly granted in this Agreement are reserved by Global Worldwide.
2. Prohibited Activity. Without limiting any other terms of this Agreement, You agree that You will not, under any circumstances:
• Access the Service if you are under 18, or under the legal age of majority in your jurisdiction, without permission from a parent or legal guardian;
• Access the Service if you have been previously banned;
• Create more than one Account (as defined below) for using the Service per platform;
• Misrepresent Yourself to us or any other user of the Service;
• Sell, rent, gift, trade, barter, exchange, or otherwise transfer or commercialize any Virtual Items (as defined below), or other rights to the Service, except as expressly permitted by us;
• Create, use, distribute, or promote any cheats, hacks, tools, or other computer programs that alter gameplay or the Service or use any other game file other than those provided by Global Worldwide to access the Service;
• Use the Service to advertise or promote goods or services;
• Use any macros, auto-looters, bots, auto-refreshers, or other software programs or add-ons to automate gameplay or the Service;
• Exploit glitches, bugs, errors in design, or undocumented features in the Service to gain access to restricted content or features, avoid payments, or obtain any gameplay advantage;
• Attempt to bypass encryption, security, or game control measures in the Service;
• Hack, interfere with, or disrupt the Service or any computers or networks connected to or enabling the Service;
• Use the Service to post or otherwise transmit (a) any personally identifying information (other than Your User Information (as defined below)), ; (b) any content that You are prohibited by applicable law or contract from posting or transmitting; (c) any content that poses  a privacy or security risk to any person; or (d) any content that You did not create or to which You do not have sufficient rights to post or transmit;
• Upload any files containing viruses or any other computer code, files, or programs designed to interfere with the functioning of the Service, including, but not limited to, any software, hardware, or communication system related thereto;
• Post content or engage in conduct that, in Global Worldwide's sole judgment, may expose Global Worldwide or its users to any harm, ridicule or liability;

o    Engage in unlawful, abusive, threatening, obscene, defamatory, libelous, harassing, hateful, violent, racist, or otherwise objectionable or offensive acts, whether by posting and/or transmitting such information through our Service, or by any other means (e.g., by posting links to such content).

o    Use our Service for any activities other than what are reasonably considered the common and usual activities associated with the Service for general entertainment.

• Reverse engineer, copy, frame, distribute, sell, modify, de-compile or disassemble, or otherwise attempt to discover any source code of, in whole or in part, or create a derivative work of the Service (including, without limitation, any software underlying the Service), except as expressly permitted by applicable law or applicable, valid open source license;
• Engage in or use any data mining, robots, scraping, or other automated data gathering or extraction methods in connection with the Service.
• Prompt, encourage or solicit anyone to do any of the foregoing
2. Your Account. In order to access certain aspects of the Service, You may need to create an account (an "Account") on the Site or on Facebook, Google+, Apple iTunes, or another third-party platform authorized by us. If You access or download any portion of the Service through a third party, You will be subject to such third party's terms and conditions in addition to this Agreement. To create an Account, You must select a password and provide certain user information that may contain personally identifying information and payment account information ("User Information"). All User Information You provide us from time to time must be truthful, accurate, current, and complete. You agree to promptly notify us of any changes to Your User Information. Our Privacy Policy governs our collection, use, and storage of Your User Information. You are solely responsible for ensuring the confidentiality of Your Account credentials (i.e., Your Account password and login information) and maintaining the security of such information. You agree not to authorize any other person to use Your Account credentials to access the Service. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, YOU ARE SOLELY RESPONSIBLE FOR ALL TRANSACTIONS AND OTHER ACTIVITIES AUTHORIZED OR PERFORMED USING YOUR ACCOUNT CREDENTIALS, WHETHER AUTHORIZED BY YOU OR NOT, INCLUDING, BUT NOT LIMITED TO, ACTUAL OR ALLEGED FRAUD, TRANSACTIONS INVOLVING VIRTUAL CURRENCY, AND UNAUTHORIZED PAYMENTS. You must notify Global Worldwide immediately at support@globalworldwide.com if: (1) You believe any of Your Account credentials have been obtained or used by any unauthorized person or (2) You become aware of any other breach or attempted breach of the security of the Service or Your Account. In order to use certain aspects of the Service, You may need certain equipment and/or hardware and You may need to download and update certain third-party software for which certain third-party fees may apply. You are solely responsible for any and all third-party fees that You may incur in connection with Your use of the Service, including, but not limited to, any fees for cellular data usage or Internet use.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON OUR SYSTEM AND THAT ALL RIGHTS IN AND TO SUCH ACCOUNTS SHALL AT ALL TIMES BE OWNED BY AND INURE TO THE BENEFIT OF GLOBAL WORLDWIDE.

4. Suspension and Termination. Without limiting any other remedies and to the fullest extent permitted under applicable law, we may suspend, terminate, delete, limit, or modify Accounts or access to the Services or any portions thereof, hold, delay, or remove hosted content, take legal and technical steps to prevent access to the Services, or take other action consistent with these Terms, with or without notice to you, if we suspect or determine, in our sole discretion, that you have failed to comply with any of these Terms or have otherwise engaged in illegal activity or improper use of our Services. This may result in the loss or termination of your Account, information, persona, rankings, benefits, Virtual Items (as defined in Section 5 below), in-game purchases, or other losses. To the fullest extent permitted under applicable law, we are not and will not be held responsible for loss of any Account, information, persona, rankings, benefits, Virtual Items, in-game purchases, or other losses incurred, and are under no obligation to compensate you therefor.
   
   We reserve the right to stop offering and/or supporting our Service or any portion thereof, including but not limited to any particular game, at any time for any reason, consistent with applicable law. If this occurs, your license to access or use the applicable Service will automatically terminate, and you may lose access to any content that you may have submitted or were in the process of submitting. We reserve the right in our reasonable discretion to terminate any Account that has been inactive for an extended period of time. Unless required by applicable law or app store policy, we are not required to notify you in advance of these actions, or to provide you any refunds, compensation, or any material or non-material benefit for discontinued or terminated Service or losses resulting therefrom.
   
   You may choose to close your Account for any reason and at any time. If you choose to exercise this right, please inform Global Worldwide that you wish to close your Account by either: (i) opening a help ticket directly in-game via the Help section for the applicable game and requesting that your Account be closed; or (ii) emailing support@globalworldwide.com and requesting that your Account be closed. You understand that if you close your Account, you may no longer have access to information previously associated with your Account, including, without limitation, your game progress and any Virtual Items associated with your Account.
   . The provisions of Sections 2, 4-12, and 14 shall survive any termination of this Agreement for any reason.
5. Your Content. You are solely responsible for all content You upload, transmit, post, publish on or through the Service (collectively, "User Content"). By posting User Content on or through the Service, You hereby grant Global Worldwide and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, and irrevocable license to copy, display, transmit, perform, distribute, store, modify, sublicense, and otherwise use Your User Content in any way and for any purpose in connection with the Service in accordance with our Privacy Policy, and, to the extent permitted by applicable law, You hereby completely and irrevocably waive any moral rights or similar interest(s) with respect to Global Worldwide's use of Your User Content used by Global Worldwide. The license for User Content granted to Global Worldwide in this Section, and the related waiver of any applicable moral rights, shall survive any termination of this Agreement.

When You post User Content on or through the Service, You represent and warrant that You have the right, power, and authority to post that User Content and grant the license in this Section. You further represent and warrant that by posting such User Content You are not violating any third-party rights of any kind, including, without limitation, any intellectual property rights, rights of publicity, and privacy rights. To the extent Your User Content may be copyrightable, You represent, warrant, and covenant that You are the owner of all the copyright rights to such User Content and that Global Worldwide may exercise the rights to Your User Content granted under this Agreement without any liability or obligation for any payment to You or any third parties.

You agree that You must evaluate, and bear all risks associated with, the use of any User Content uploaded, transmitted, posted, published on or through the Service by others, including any reliance on the accuracy, completeness, or usefulness of such User Content. You are solely responsible for Your interactions with any other user. Global Worldwide reserves the right, but not the obligation, to become involved in any disputes between users in connection with the Service.

Before publishing any User Content on or through the Service, You should keep in mind that other users may view, use, reproduce, or appropriate Your User Content in ways that You may not approve or authorize. All User Content is deemed non-confidential public information in which You should have no expectation of privacy. We cannot be responsible for any third-party use or misuse of Your User Content You make available on or through the Service.

Without undertaking any obligation to screen or monitor User Content, Global Worldwide has the right (but not the obligation) to edit, modify, refuse to post or remove any User Content that it determines, in its sole discretion, violates this Agreement or is otherwise objectionable. You acknowledge and agree that Global Worldwide may, but is not obligated to, preserve User Content and may also disclose User Content to the extent permitted by applicable law and as provided in our Privacy Policy.

Global Worldwide does not wish to receive and will not accept unsolicited ideas or suggestions as a general matter of policy. Any suggestions, feedback, or data that You submit, post, publish, or otherwise publicize on, through, or in connection with the Service are deemed User Content and are governed by this Agreement. You acknowledge that we have no obligation to accept, use, return, evaluate, or consider such ideas or suggestions, and we will be entitled to use and disseminate such ideas and suggestions without restriction and for any purpose whatsoever without acknowledgment or compensation to You or any third party.

6. Digital Millennium Copyright Act.
• Notice of Infringement. If You are a copyright owner or agent thereof and believe any User Content infringes upon Your copyrights, You may submit a written notice pursuant to the Digital Millennium Copyright Act ("DMCA") to our copyright agent at DMCANotice@globalworldwide.com. In order to take action, Your notice must: (a) include Your physical or electronic signature; (b) identify the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site; (c) identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and provide information reasonably sufficient to permit us to locate the material; (d) provide a way for us to contact You, such as Your address, telephone number, or email address; (e) provide a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or applicable law; and (f) provide a statement that the information in the notice is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We cannot take action unless You give us all required information, and You acknowledge that if You fail to comply with all of the requirements of this Section, Your DMCA notice may not be valid. Without limiting any other provisions of this Agreement, we may terminate Your Account if You repeatedly infringe upon third-party copyright rights.
• Counter-Notice. If You believe that Your User Content that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner's agent, or pursuant to applicable law, to post and use such material, You may submit a written counter-notice to our copyright agent at DMCANotice@globalworldwide.com. In order to take action, Your counter-notice must: (a) include Your physical or electronic signature; (b) identify Your User Content that has been removed or to which access has been disabled and the location at which Your User Content appeared before it was removed or access to it was disabled; (c) include a statement, under penalty of perjury, that You have a good faith belief that Your User Content was removed or disabled as a result of mistake or a misidentification of Your User Content; and (d) include Your name, address, and telephone number, and a statement that You consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if Your address is outside of the United States, for any judicial district in which we may be found, and that You will accept service of process from the person who provided the DMCA notice to us or an agent of such person. If a proper counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed User Content or cease disabling it in ten business days. We may, in our discretion, replace or restore access to the removed User Content and cease disabling access to it in 10 to 14 business days or more after receipt of the counter-notice, unless our designated agent first receives notice from the person who submitted the DMCA notice that such person has filed an action seeking a court order to restrain the owner of the removed User Content from engaging in infringing activity relating to such User Content.

 

7. Fees. Global Worldwide reserves the right to charge for any portion of the Service and to change its fees or subscription rates (if any) from time to time in its sole discretion. Except as otherwise prohibited by applicable law, You are responsible for all charges or debits to any payment method linked to Your Account (including any third-party fees associated therewith) for transactions and other activities authorized or performed using Your Account credentials. Any fees or charges paid by You for or in connection with the Service, including enhanced gameplay features or Virtual Items, are deemed fully earned by Global Worldwide when paid by You.

We may offer some of our Services on a subscription basis ("Subscription") to You. If You purchase a Subscription, the Subscription will have immediate effect and you agree to an automatically renewing monthly (or other term as agreed to) subscription term at the rate displayed at the time of your purchase. Subscriptions purchased through a third-party platform, such as Apple, may be charged to you by the third-party (iTunes Account) and the third-party's payment terms shall apply. Your account will be charged for your Subscription renewal 24-hours prior to the end of the current term period. You may cancel your Subscription by turning off auto-renew at least 24-hours prior the end of the current term period in Your account settings.

8. Virtual Items. Global Worldwide may, in its sole discretion, offer You the ability to purchase or earn a limited license to virtual goods and/or virtual currency for use in connection with the Service ("Virtual Items"). If Global Worldwide offers the ability to purchase or earn such a license, Global Worldwide hereby grants You a non-exclusive, non-transferable, revocable, personal, limited right and license to use Virtual Items only for Your personal, non-commercial, entertainment use exclusively in connection with the Service, subject to the terms of this Agreement.

Such limited license may be earned by performing certain specified tasks in connection with the Service and may be purchased within the Service or through a third-party authorized by Global Worldwide. Once earned or purchased, Virtual Items will be reflected in Your Account. Purchases of Virtual Items are final and non-refundable.  Global Worldwide may, in its sole discretion, limit the amount of Virtual Items that may be purchased, earned, or redeemed. The Service is constantly changing and evolving to keep the games fun and challenging for all. Rules, attributes, goals, missions, power balance, and gameplay features will change over time, often without notice, as part of this natural creative and game balance/optimization process. Accordingly, You acknowledge and agree that Global Worldwide, in its sole discretion, may engage in actions that may impact the perceived value or purchase price, if applicable, of Virtual Items at any time, except as prohibited by applicable law. Global Worldwide makes no guarantee as to the nature, quality, continuity or value of any game play features or Virtual Items (or the availability or supply thereof).

Virtual Items may only be used in connection with the Service. You may not distribute, lease, license, sell, rent, gift, exchange, convert, or otherwise transfer or assign Your license to Virtual Items or Your Account, without Global Worldwide's prior express consent or as expressly permitted by this Agreement or through the Service. Any attempted disposition of Virtual Items in violation of this Agreement shall be null and void and will terminate Your license.

Except for the limited licenses granted under this Agreement or as otherwise required by applicable law, You do not have any right, title, or interest in Your Account or any Virtual Items associated therewith. Except as otherwise prohibited by applicable law, all rights not expressly granted under this Agreement are reserved by Global Worldwide, including, but not limited to, all rights, title, and interest in and to in Your Account and any Virtual Items associated therewith.

Except as otherwise required by applicable law, Virtual Items are not redeemable for cash or other monetary value from Global Worldwide, another user of the Service, or any other person. Virtual Items do not have an equivalent value in real currency and do not act as a substitute for real currency. Neither Global Worldwide nor any other person or entity has any obligation to exchange Virtual Items for anything of value, including, but not limited to, real currency. Except as prohibited by applicable law, You are solely responsible for all transactions made through Your Account regardless of whether or not such transactions were authorized by You.

EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU ACKNOWLEDGE THAT GLOBAL WORLDWIDE MAY SUSPEND OR REVOKE YOUR LICENSES TO VIRTUAL ITEMS AT ANY TIME AND FOR ANY REASON WITHOUT NOTICE, REFUND, OR COMPENSATION TO YOU. ALL PURCHASES OF VIRTUAL ITEMS ARE FINAL AND ARE NOT REFUNDABLE, TRANSFERABLE, OR EXCHANGEABLE UNDER ANY CIRCUMSTANCES, EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT YOU WILL NOT RECEIVE CASH OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS IF YOUR ACCOUNT AND/OR YOUR ACCESS TO AND USE OF THE SERVICE ARE SUSPENDED OR TERMINATED.

9. Our Warranties and Disclaimers; Service is Provided on an "As-Is" and "As-Available" Basis. FROM TIME TO TIME THE SERVICE MAY HAVE BUGS, ERRORS, AND INTERRUPTIONS. THESE BUGS ERRORS AND INTERRUPTIONS MAY ADVERSELY IMPACT YOUR GAMEPLAY, THE PERCEIVED VALUE OF YOUR USED AND UNUSED VIRTUAL ITEMS. GLOBAL WORLDWIDE ONLY PROVIDES THE SERVICE ON STRICTLY AN "AS IS" AND "AS-AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GLOBAL WORLDWIDE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY REGARDING THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, Global Worldwide DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS USE WILL (A) WILL BE UNINTERRUPTED, TIMELY, OR SECURE, (B) WILL BE FREE OF BUGS, INACCURACIES, OR ERRORS, (C) WILL MEET YOUR REQUIREMENTS, (D) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE, OR (E) WILL BE ACCURATE OR RELIABLE.

YOU UNDERSTAND AND AGREE THAT GLOBAL WORLDWIDE SIS NOT RESPONSIBLE FOR AND YOU BEAR ALL RISK RELATED TO  ANY THIRD-PARTY LINKS, SERVICES, OR INFORMATION INCORPORATED INTO, LINKED WITH, OR USED WITH THE SERVICE.

SOME STATES DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, ANY LIMITATION WILL BE CONSTRUED TO MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

10. Our Liability.
• Indemnification and Release. You agree to release, indemnify, and hold Global Worldwide, its affiliates, and its and their employees, officers, and agents harmless from and against any and all claims, suits, liabilities, damages (actual and consequential), losses, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising from or in any way related to: (i) Your use of the Services, (ii) Your violation of this Agreement, applicable law, or any third-party rights, or (iii) Your fraud or willful misconduct. Such indemnified parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by You, in which event You will cooperate in asserting any available defenses.
• Release. If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If You are a resident of another jurisdiction, You waive any comparable statute or doctrine.
• Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT, IN CONNECTION WITH YOUR USE OF THE SERVICE (OR INABILITY TO USE OR ACCESS THE SERVICE), GLOBAL WORLDWIDE, ITS AFFILIATES, AND ITS AND THEIR EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS SHALL NOT BE LIABLE FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, FOR LOSS OF PROFITS, GOODWILL, OR DATA) EVEN IF SUCH PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY DAMAGES, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, IN EXCESS OF THE AMOUNT YOU HAVE PAID GLOBAL WORLDWIDE IN THE SIX (6) MONTHS PRIOR TO SUBMITTING NOTICE OF YOUR CLAIM OR, IF GREATER, TEN DOLLARS (US$10).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

THE INDEMNITY, RELEASE, AND LIMITATION OF LIABILITY REPRESENT A MATERIAL INDUCEMENT FOR GLOBAL WORLDWIDE TO PROVIDE THE SERVICE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THIS AGREEMENT, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SERVICE.

• No Liability for Third-Party Websites and Services. The Service may provide, or third parties may provide, links or other access to third-party websites and resources on the Internet. Global Worldwide provides such links and connections for Your reference only. Global Worldwide has no control over such websites and resources, and Global Worldwide is not responsible for and does not endorse such websites and resources. You further acknowledge and agree that Global Worldwide will not be liable, directly or indirectly, for any damages or losses caused or alleged to be caused by Your reliance on any content, events, goods, or services available on any such websites or resources. All dealings You have with third parties found while using the Service are between You and the third party, and You agree that Global Worldwide is not liable for any loss or claim that You may have against such third party. You should review any applicable third-party terms and conditions, including third-party privacy policies, carefully as those terms may apply to Your use of third-party websites and recourses.

 

11. DISPUTE RESOLUTION BY BINDING ARBITRATION; JURY TRIAL WAIVER; CLASS ACTION WAIVER.
    
    
    - If you are a resident of the US or Canada, you and Global Worldwide agree to resolve any dispute arising out of or related to these Terms or our Services on an individual basis through final and binding arbitration. This agreement precludes you from bringing any class action against Global Worldwide. This agreement applies to all kinds of claims under any legal theory, except those described in the Exceptions to Agreement to Arbitrate subsection. It also applies even after you stop using your Account or have deleted it.
    
    An arbitration proceeding proceeds before a neutral arbitrator instead of a judge and jury, so we both agree to give up our right to a trial before a judge or jury. Arbitration proceedings have different rules than lawsuits in court. Arbitration is less formal, and provides limited opportunity to compel the other side to share information relevant to the dispute—a process called discovery. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. But, if you or we do not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision. If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that too, rather than a court or other agency. Unless you and Global Worldwide otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding.
    
    Exceptions to Agreement to Arbitrate
    
    We all agree that we each still have the right to go to court to resolve disputes relating to:
    
    

Your or Global Worldwide’s intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights, or patents); or

Claims that are not subject to arbitration as a matter of applicable law not preempted by federal law, and that are within the jurisdiction of the court where they are brought.

No Class Actions

We all agree that we can only bring claims against each other on an individual basis.

That means:

Neither you nor Global Worldwide can bring a claim as a plaintiff or class member in a class, collective, consolidated, or representative action.

The arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any class, collective, consolidated, or representative arbitration proceeding (unless we both agree to change this).

The arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other individuals, and cannot be used to decide other disputes with other users.

The Arbitration Process, Rules, and Governing Law

The American Arbitration Association (“AAA”) will run the arbitration between you and Global Worldwide, in accordance with the AAA’s rules and procedures then in effect (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) (“AAA Rules”), except as modified here. If something in these Terms is different than the AAA Rules, then we will follow these Terms instead. To review the AAA Rules or to start an arbitration proceeding, you can refer to AAA’s website (www.adr.org) or you can call AAA at 1-800-778-7879. If either of us decide to initiate arbitration, we agree to provide the other party with a written Demand for Arbitration as specified in the AAA Rules.

You get to choose whether the arbitration will take place in the county or province where you live or in Atlanta, Georgia. We could also hold the arbitration in some other place, but we both have to agree to that. We also agree that during the arbitration process, members of our team may still work with you to resolve your issue informally.

Either of us involved in the arbitration can ask the arbitrator to put his or her decision or award, or his or her reasons for the decision or award, in writing. Also, either of us can take the arbitrator’s decision or award to a court to confirm it or enter a judgment on it (i.e., make it the same as a court judgment). Sometimes you can ask a court to change an arbitrator’s decision or award, but those circumstances are limited.

Notwithstanding any choice of law or other provisions in these Terms, we all agree that the Federal Arbitration Act (including its procedural provisions) will be applied to determine whether the provisions in this Section can be enforced and how they should be interpreted.

12. Amendments. We are constantly modifying, updating, expanding, and improving our Service. Global Worldwide reserves the right, subject to applicable law, to make changes, modify, or add or remove portions of this Agreement, the Forum Rules, our Privacy Policy, and other incorporated terms and policies at any time, in our sole discretion. Material changes to this Agreement will not be applied retroactively. If we update this Agreement in any material respects we will use reasonable efforts to inform you, and You will be required to either accept the terms or choose not to accept the terms. If You do not agree to the terms of this Agreement or any modified version of this Agreement, Your sole recourse is to terminate Your use of the Service, in which case You will no longer have access to Your Account. No one at Global Worldwide is authorized to modify this Agreement with You or otherwise enter into an agreement with You that conflicts with this Agreement, except by means of written agreement signed by an authorized agent of Global Worldwide, and any other purported modifications or alterations or conflicting terms shall be null and void.
13. General Terms.
• Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Georgia, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.  The Federal Arbitration Act will apply to any disputes.
• Entire Agreement. This Agreement constitutes the entire and sole agreement between You and Global Worldwide with respect to the Service and supersedes all prior understandings, arrangements, or agreements, whether written or oral, regarding the Service, whether written, verbal or established, assumed, or inferred by prior use, custom, or practice. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
• Assignment. We may assign, delegate, or transfer any or all of our rights and obligations under this Agreement to any third party at our discretion without any prior notice to You. All Your rights and obligations under this Agreement are personal to You and may not be assigned, delegated, or transferred without our prior written consent (which may be withheld for any or no reason), and any purported assignment that does not satisfy such requirement shall be null and void.
• Force Majeure. Global Worldwide shall not be liable for a failure or delay to perform resulting from causes outside its reasonable control, including, without limitation, natural disasters, war, terrorism, government action/intervention, accidents, strikes, labor issues, geopolitical conflicts, or disruptions to transportation, supplies, power, or network infrastructure.
• Waiver and Severability. Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. Any purported waiver must be in a written instrument signed by each of You and Global Worldwide. Except as otherwise expressly provided in this Agreement, if any provision of this Agreement is held to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
• Statute of Limitations. To the maximum extent permitted by applicable law, any claim or cause of action arising out of or related to Your use of the Service or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.
• Notices. Subject to the terms of our Privacy Policy and applicable law, we reserve the right, in our sole discretion, to determine the form and means of providing notices to You. For example, we may provide notices to You in writing or electronically by sending You emails, "push" mobile device notifications, and text messages and/or by posting notices on the Site. All notices to us that are intended to have a legal effect must be in writing and delivered in writing to the following address: Global Worldwide Inc., 3280 Peachtree Rd, 7th Floor NE, Atlanta, GA 30305, ATTN: Legal Department, which will be deemed to be given upon our actual receipt thereof.
14. Contact Information. You may contact us at support@globalworldwide.com to report any violations of this Agreement or if You have any questions regarding this Agreement or the Service.