Rival Peak Terms and Conditions of Use

Acceptance of the Game’s Terms and Conditions of Use

Last modified: 11/4/2020

These terms and conditions of use for Rival Peak (the “Game“), constitute a legal agreement and are entered into by and between you and Genvid Technologies Inc. and its subsidiaries (“Genvid,” “we,” “us,” “our“). The following terms and conditions of use (these “Terms of Use“), govern your access to and use of the Game delivered on or through the Instant Games platform provided by Facebook Ireland Ltd. or its affiliated entities (“Facebook“), including any associated content, functionality and services.

By accessing and using this Game, you represent and warrant that you are of legal age to form a binding contract under applicable laws. If you do not meet that requirement, you must not access or use the Game.

BY ACCESSING AND USING THE GAME, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE GAME.

Privacy

By using our Game, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of personal information in compliance with our Privacy Policy.

Facebook’s Instant Games Platform

The Game operates and can only be accessed via the Facebook Instant Games platform. For that reason, you are required to have or register for a Facebook account and be logged into your Facebook account to access and use the Game. As publishers of a game title using the Facebook Instant Games platform, we use the functionality provided by Facebook to game publishers and developers but have no control over Facebook’s operation of the platform and the systems that underpin it as well as any information that may be collected and processed by Facebook as a result of your use of the Game. We invite you to consult Facebook’s terms of service and privacy policy, accessible here, for more information.

Use of the Game, Intellectual Property Rights and Ownership

You may only use the Game for your personal and non-commercial use. You must not access or use any part of the Game or any services or materials available through the Game for any commercial purposes. You must not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material in the Game, in any form or medium whatsoever except your device and browser may temporarily store or cache copies of materials being accessed and viewed.

Users are not permitted to copy or modify any materials from the Game nor delete or alter any copyright, trademark, or other proprietary rights notices Game materials.

You understand and agree that the Game and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Genvid, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

Genvid’s name and all related names, logos, product and service names, designs, images, and slogans are trademarks of Genvid or its affiliates or licensors. You must not use such marks without the prior written permission of Genvid. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear in this Game are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

If you copy, modify, distribute or download any part of the Game in breach of these Terms of Use, your right to use the Game will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

You have no right of ownership, title, or interest in or to the Game or to any content on the Game, and all rights not expressly granted in these Terms of Use are reserved by Genvid. Any use of the Game not expressly permitted by these Terms of Use is a breach of these Terms of Use and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

Since the Game is exclusively accessed and used online, users are responsible for obtaining their own means to access the Game, including a suitable internet connection.

The content of the Game may be changed, withdrawn, or terminated at any time in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Game is restricted to users or unavailable at any time or for any period.

The content in the Game is provided for entertainment purposes only. It is not intended to amount to any factual content or advice on which you should rely.

Conditions of Access and Use

As a condition of your access and use of the Game, you agree that you may use the Game only for lawful purposes and in accordance with these Terms of Use. Genvid has the right, without provision of notice to:

At all times, take such actions with respect to any user action deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms of Use.
Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Game.
Terminate or suspend your access to all or part of the Game for any or no reason, including, without limitation, any violation of these Terms of Use.

You are prohibited from attempting to circumvent and from violating the security of the Game, including, without limitation: (a) accessing content and data that is not intended for end users; (b) attempting to breach or breaching the security and/or authentication measures; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet headers; (e) using any robot, spider, or other automatic device, process, or means to access the Game for any purpose, including monitoring or copying any of the material within the Game; (f) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (g) attacking the Game via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (h) otherwise attempting to interfere with the proper working of the Game.

Third Party Content and Material

This Game may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by Genvid, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Genvid. Neither Genvid nor its affiliates, and their respective directors, officers, employees, agents, service providers, licensors or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

For your convenience, the Game may also provide links or pointers to third-party services, sites or games. We make no representations about any other service, site or game that may be accessed from the Game. If you choose to access any such services, sites or games, you do so at your own risk. We have no control over the contents of any such third-party services, sites or games and accept no responsibility for such services, sites or games or for any loss or damage that may arise from your use of them. You are subject to any terms of use of such third-party services, sites or games.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE GAME, ITS CONTENT, AND ANY IN-GAME ITEMS FOUND OR STATUS ATTAINED THROUGH THE GAME IS AT YOUR OWN RISK. THE GAME, ITS CONTENT, AND ANY IN-GAME ITEMS FOUND OR STATUS ATTAINED THROUGH THE GAME ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER GENVID NOR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, LICENSORS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE GAME OR ITS CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER GENVID OR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, LICENSORS OR SUCCESSORS REPRESENT OR WARRANT THAT THE GAME, ITS CONTENT, OR ANY IN-GAME ITEMS FOUND OR STATUS ATTAINED THROUGH THE GAME WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE GAME OR THE INFRASTRUCTURE THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation on Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL GENVID OR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, LICENSORS OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE GAME OR ANY GAME CONTENT.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Genvid, its affiliates and their respective directors, officers, employees, agents, service providers, licensors, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms of Use or your use of the Game.

Modifications to the Terms and to the Game

We reserve the right in our sole discretion to revise and update these Terms of Use from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to, and continued use of, the Game. You agree to periodically review these Terms of Use in order to be aware of any such modifications and your continued use of the Game will confirm your acceptance of these.

Governing Law and Choice of Forum

These Terms of Use shall be construed in accordance with the laws of the State of New York, and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with such laws. With respect to any claim arising out of these Terms of Use, each party irrevocably submits to the exclusive jurisdiction of the courts of the State of New York and the United States District Court located in the Borough of Manhattan in the City of New York, and each party irrevocably waives any objection which it may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such courts, irrevocably waives any claim that any such suit, action or proceeding brought in any such court has been brought in any inconvenient forum and further irrevocably waives the right to object, with respect to such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over such party, provided that service of process has been made by any lawful means.

Waiver

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Use operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

If any term or provision of these Terms of Use is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Genvid Technologies Inc. regarding the Game and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Reporting and Contact

This Game is operated by Genvid Technologies Inc, at 1325 Avenue of the Americas, Suite 2822, New York NY 10019 USA.

Should you become aware of misuse of the Game or any breach of these Terms of Use, you must report it to Genvid at privacy-rivalpeak@genvidtech.com.

All other feedback, comments, requests for technical support, and other communications relating to the Game should be directed to privacy-rivalpeak@genvidtech.com.