Term of Services

Welcome and thank you for visiting our network of websites, which includes thumblecrash.com (each a “Website”).  This Website is an interactive online service operated by Thumblecrash LTD (“ThumbleCrash”), whose principal place of business is at 20-22 Wenlock Road, London N1 7GU, England.  We are glad you have decided to join our community, and we look forward to your involvement with this Website.  This terms of use agreement (the “Agreement”) applies to all Websites offered by THUMBLECRASH (collectively, the “Services”).

YOUR ACCESS AND USE OF THE SERVICES IS SUBJECT TO THIS AGREEMENT AND ALL APPLICABLE LAWS.  IN ORDER TO USE THE SERVICES, YOU MUST FIRST ACCEPT THE AGREEMENT.  BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THIS AGREEMENT.  IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT USE THE SERVICES. THIS AGREEMENT IS SUBJECT TO CHANGE BY THUMBLECRASH AT ANY TIME, EFFECTIVE WHEN POSTED ON THE SERVICE.  YOUR CONTINUED USE AFTER SUCH NOTICE WILL CONSTITUTE ACCEPTANCE BY YOU OF SUCH CHANGES.

  1. General: (A) This Agreement sets forth the terms and conditions that apply to your use of the Services. Without limitation, by using or accessing the Services, you agree to comply with all of the terms and conditions hereof. The right to use the Services is personal to you and is not transferable to any other person or entity. You are responsible and liable for protecting the confidentiality of your password(s), if any, and are fully responsible for the use of the Services by any other person you permit to access the Services.  Please notify THUMBLECRASH immediately of any unauthorized use of your password and account or any other breach of security.

(B) THUMBLECRASH may at any time change or discontinue any aspect or feature of the Services, including, but not limited to, content, hours of availability, and equipment needed for access or use. 2. Changed Terms: THUMBLECRASH may at any time change or modify these terms and conditions applicable to your use of the Services , or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Website, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of the Services by you after such notice will be deemed to constitute your acceptance of such changes, modifications, additions or deletions.  If any modification, change, addition or change to these terms and conditions is not acceptable to you, your only recourse is to terminate this Agreement and refrain from using and accessing the Services.

  1. Equipment: You are responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of the Services and all charges related thereto.
  2. About Our Services: (A) As a commitment to our users, we currently provide you with access to a rich collection of online resources, including various communication and social networking tools, online forums, ladders, tournaments, leagues, news, reviews, personalized content and branded programming.  Some Services are presently provided free of charge, but it is possible that THUMBLECRASH may charge for certain Services in the future.  THUMBLECRASH will not charge you for any such Services unless you provide affirmative consent prior to such charges.

(B) Service Limitations: We do our best to make your experience with the Services a pleasurable one.  However, we cannot always foresee or anticipate technical or other difficulties.  These difficulties may result in loss of data, personalization settings or other service interruptions.  Therefore, you agree that the Services are provided on an “AS IS” and “AS AVAILABLE” basis.  THUMBLECRASH does not assume responsibility for the timeliness, deletion, non-delivery or failure to store any user data, communications or personalization settings.

(C) Service Changes and Discontinuation: THUMBLECRASH reserves the right to change or discontinue, temporarily or permanently, the Services at any time without notice.  You agree that THUMBLECRASH will not be liable to you or any third party for any modification or discontinuance of the Services.

(D) Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another individual or company.  Your use of these other services, software or goods may be subject to separate terms between you and such other company or individual.  If so, this Agreement does not affect your legal relationship with such other companies or individuals.

5. Your Conduct:

(A) You shall provide true, accurate, current and complete information about yourself as requested in the Website’s registration forms.  Accurate records help us create better sites and provide us with opportunities to identify new services or products that may interest you.  Please update your registration data to keep it current and accurate.

(B) You shall use the Services for non-commercial, lawful purposes only.  Any other use, or commercial use, of the Services requires the prior written approval of THUMBLECRASH.

(C) You shall not post or transmit through the Services anything that contains content that:

  • is defamatory, abusive, obscene, profane or offensive;
  • infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service);
  • violates any party’s right of publicity or right of privacy;
  • is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • promotes or encourages violence;
  • is inaccurate, false or misleading in any way;
  • is illegal or promotes any illegal activities;
  • promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or providing information to circumvent security measures;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
  • contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

These categories of prohibited content are merely examples and are not intended to be exhaustive.  Any conduct by you that, in THUMBLECRASH’s sole discretion, restricts or inhibits any other user from using or enjoying the Services will not be permitted. THUMBLECRASH shall have the right, but not the obligation, to monitor the content of the Services , including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by THUMBLECRASH and to satisfy any law, regulation or authorized government request.  THUMBLECRASH will make the sole determinations as to what content is acceptable in its sole discretion.  THUMBLECRASH may include, edit or remove any content at any time without notice, in its sole discretion.  Without limiting any other rights or remedies of THUMBLECRASH, violations of the foregoing may result in removal of the prohibited communications and/or termination of your access to the Services.

You understand that, when using the Services, you will be exposed to content from a variety of sources, and that THUMBLECRASH is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable.  If you do so object, you should not use the Services. THUMBLECRASH does not pre-screen or endorse any member content and is not responsible or liable under any circumstances for such content.

(D) You understand that access to the Services may result in access to other users’ names, screen names, e-mail addresses, or other user information (collectively, “User Information”), and you acknowledge and agree that such User Information and any THUMBLECRASH Services constitute proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties.  You agree not to data scrape, copy, aggregate, redistribute, alter, reproduce or re-use for commercial purposes any user’s (whether specific to any particular user or as an aggregation) information accessible through the Services.  You further agree not to disclose or otherwise use any proprietary or confidential information appearing on the Services without the prior written consent of THUMBLECRASH, whether such information is labeled “confidential” or “proprietary” or could reasonably be regarded as confidential or proprietary.

(E) The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound.  The entire contents of the Website are copyrighted as a collective work under the UK copyright laws. THUMBLECRASH owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of material on the Website will be permitted without the express permission of THUMBLECRASH and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by accessing or otherwise using copyrighted material.

(F) You shall not upload, post, submit or otherwise make available on the Website  any third-party material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Website , or otherwise submitting materials to THUMBLECRASH, you automatically grant, or warrant that the owner of such material has expressly granted THUMBLECRASH the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, edit, creative derivative works from, distribute, and sub-license such material (in whole or in part, through multiple tiers and/or via syndication) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store or reproduce the material for their personal use. Please note that THUMBLECRASH does not want to receive confidential information from any user and any information received will be deemed NOT to be confidential.

(G) As part of the Services, THUMBLECRASH may offer you the ability to include certain personal information in your public THUMBLECRASH profile.  You acknowledge that if you choose to include personal information your public profile, then you are allowing others to view and access such information.  The THUMBLECRASH profile functionality may also include the ability to link your Xbox LIVE and PlayStation Network account information.  Such functionality requires that you provide THUMBLECRASH your Xbox LIVE and/or PlayStation Network account login information.  By providing such information, you consent to THUMBLECRASH submitting such information to Sony and/or Microsoft authentication servers to access and retrieve information associated with such accounts, including trophy, achievement, and video game data.

(H) THUMBLECRASH offers its users the opportunity to participate in certain online competitions and tournaments, some of which may have prizes for the winners.  If you participate in such online competitions and tournaments, you may be required to sign an Affidavit of Eligibility/Publicity and Liability Release and report as taxable income the value of any such prizes received by you.  To collect a prize, you may be required to provide a valid Social Security number or other tax identification number and any other information reasonably requested by THUMBLECRASH.  THUMBLECRASH and/or any sponsor who provides a particular prize may report the value of the prize to federal and/or state taxing authorities.

(I) ThumbleCrash Coins (earning, winning & redemption)

ThumbleCrash Coins (“TC Coins”) are loyalty reward points awarded to members in good standing at ThumbleCrash. Points can be earned for completing a variety of member gaming, tournaments, match Head-to-Head and site activities. TC Coins may also be awarded as prizes for tournament results, as part of a promotion, or at the discretion of ThumbleCrash administrators for any behaviour they deem warranted at any time.

Sometimes it’s possible to buy the TC Coins from Thumblecrash Store.

A member’s Tournament  Points balance will appear on their personal home page.

The USD value of a ThumbleCrash Coins is zero. The TC Coins program and member balances can be cancelled at any time at the absolute discretion of ThumbleCrash.

(J) ThumbleCrash reserves the right to terminate your account, limit or prohibit your participation in any game or tournament.
By registering for an account and/or participating in any tournament or game offered on the Site, you consent to allow ToumbleCrash to access your account information to investigate complaints or other allegations of abuse.
If applicable, all charged monies (deposits), less entry fees and withdrawals, will be returned to the member. All winnings (if any) may be voided at the sole discretion of ThounbleCrash.
Any person whose access has been suspended or terminated may not re-register for, or re-access, the Site without our prior written consent. You are responsible for everything that is done on or through your account while you are a member of the Site.

(K) The foregoing provisions of this Section 5 are for the benefit of THUMBLECRASH, THUMBLECRASH affiliated companies and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

  1. General Terms of Purchase: The terms in this section relate to items and services available for purchase through the Services:

(A) The goods sold through the Services are shipped from various states and, therefore, tax may be charged and collected on all taxable shipments. For all shipments outside of the UK, the customer is responsible for all taxes, customs, and/or import duties. All items purchased from THUMBLECRASH are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Listed prices may be changed by THUMBLECRASH at any time without notice to you. The prices listed on the Services do not guarantee those purchase prices until payment is made. If an incorrect price for a product is listed due to typographical or other error, THUMBLECRASH has the right to refuse or cancel any orders placed for such products listed at the incorrect price, whether or not the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is refused or canceled by THUMBLECRASH, THUMBLECRASH will promptly issue a credit to your credit card account in the amount of the charge.

(B) Event Passes:  For live THUMBLECRASH Events, THUMBLECRASH sells various event passes, including player passes, team passes and spectator passes. All purchases of event passes are conditioned on your acceptance of the purchase terms, which are presented to you at the time of purchase. EVENT PASSES (INCLUDING PLAYER PASSES, TEAM PASSES AND SPECTATOR PASSES) ARE NON-REFUNDABLE. At THUMBLECRASH’s sole discretion, player passes may be transferred to other users. Player passes, however, may not be resold for more than the purchase price, and they are not transferable to other live THUMBLECRASH Events. At THUMBLECRASH’s sole discretion, THUMBLECRASH may allow team passes for Pro Circuit events to be transferred to other Pro Circuit events during the same THUMBLECRASH season; however, a processing fee will apply to a transfer of a team pass.

(C) THUMBLECRASH/ThumbleCrash Coins: THUMBLECRASH/TumbleCrash Coins allow you access to a number of THUMBLECRASH Services, including paid ladders and online tournaments.  You will not be able to redeem THUMBLECRASH/TumbleCrash Coins if you have insufficient THUMBLECRASH/TumbleCrash Coins for certain THUMBLECRASH Services.  Any items received as a result of a redemption of THUMBLECRASH/TumbleCrash Coins may not be exchanged or returned for cash or credit.

THUMBLECRASH/TumbleCrash Coins are not refundable under any circumstances, including in the event that your account is terminated or banned by THUMBLECRASH. You may not assign or transfer any THUMBLECRASH/TumbleCrash Coins.

(D) THUMBLECRASH League Membership:  See THUMBLECRASH Membership Terms of Service here:

http://thumblecrash.com/term-of-service .

(E) Subscription Service: THUMBLECRASH may offer certain ancillary products and services in connection with the Service on a subscription basis with recurring payments (“Subscription Services”). Subscription Services may renew automatically, with payment due prior to each renewal. You agree to pay your subscription fee in advance of receiving any such Subscription Service. THUMBLECRASH reserves the right to discontinue or modify any subscription fee payment option. If we discontinue or modify a subscription payment option, we will provide notice of such discontinuance or modification. You must affirmatively consent to the new payment terms in order to continue receiving the Subscription Services. If you do not affirmatively consent, your subscription will be cancelled. In addition, if you are signing up under any promotional subscription fee, some additional restrictions may apply. These restrictions, if any, will be provided to you before you sign up for the applicable Subscription Service that is subject to the promotion.

You are responsible for all charges incurred under your account. THUMBLECRASH reserves the right to deactivate Subscription Services to your account if payment is past due, regardless of the dollar amount.

If you choose a Subscription Service (including any pre-paid subscription option or channel subscriptions which reverts to a monthly payment plan at the expiration of the pre-paid period), you hereby grant THUMBLECRASH permission to automatically charge the subscription fee to your chosen payment method at the beginning of each applicable payment period. Your access to the Subscription Services will not be established until THUMBLECRASH has verified that the credit card or other payment information you provide THUMBLECRASH for payment is accurate and that your payment method account is in good standing.

You further agree that THUMBLECRASH may charge any other applicable fees for the Service, including any early termination fee, to your payment method.

You are required to keep your billing information current, complete and accurate (for example, if you move, be sure to update your billing address, if you get a new credit/debit card, make sure you update the card number and/or expiration date) and notify THUMBLECRASH if your selected payment method is cancelled (e.g., for loss or theft).

THUMBLECRASH reserves the right to suspend or terminate your access to any Subscription Service that is a part of the THUMBLECRASH Service without notice upon rejection of any charges or if your payment method (or its agent or affiliate) seeks return of payments previously made to THUMBLECRASH when THUMBLECRASH believes you are liable for the charges.

You may choose not to renew your Subscription Service at any time by sending notice to THUMBLECRASH. Your cancellation is effective at the end of the current subscription term.

When you make a purchase on the Service, you have immediate access to and use of the Services you have purchased. Accordingly, you lose your right to cancel once you have made your purchase and we do not offer any refunds or credits, including fees for Subscription Services.”

  1. Disclaimer of Warranty; Limitation of Liability: (A) USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER THUMBLECRASH, THUMBLECRASH’S AFFILIATED COMPANIES, THUMBLECRASH’S NON-AFFILIATED PARTNERS, NOR ANY OF THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SPONSORS OR LICENSORS (COLLECTIVELY THE “THUMBLECRASH PARTIES”) WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED OR PURCHASED THROUGH THE SERVICES.  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK.  YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR POTENTIAL DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACQUISITION OF SUCH MATERIAL.

(B) THUMBLECRASH PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

(C) THIS DISCLAIMER OF LIABILITY AND WARRANTY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THUMBLECRASH IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

(D) IN NO EVENT WILL THUMBLECRASH, THE THUMBLECRASH PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS OR ACCURACY OF THE INFORMATION ON THE SERVICES; (II) ANY CHANGES WHICH THUMBLECRASH MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES; (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (IV) YOUR FAILURE TO PROVIDE THUMBLECRASH WITH ACCURATE ACCOUNT INFORMATION; (V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.  YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL ASPECTS OF THE SERVICES.

(E) IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER THUMBLECRASH, NOR THE THUMBLECRASH PARTIES, WILL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SERVICES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE THUMBLECRASH PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES, AND ANY AGGREGATE, TOTAL LIABILITY OF THE THUMBLECRASH PARTIES TO  YOU FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICESSHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE GREATER OF: (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICES AND RETAINED BY THUMBLECRASH OR (II) ONE HUNDRED DOLLARS ($100).

(F) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THUMBLECRASH’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 8. Arbitration: Any controversy, claim or dispute you have against THUMBLECRASH arising out of or relating to this Agreement, its breach or claimed breach shall be settled by binding arbitration administered by the American Arbitration Association (“AAA”) in New York City by a single arbitrator. Any controversy, claim or dispute you have against THUMBLECRASH shall not be consolidated or otherwise combined with any controversy, claim or dispute that any other person has against THUMBLECRASH arising out of or relating to this Agreement, its breach or claimed breach. Any arbitration claim you bring relating to this Agreement, its breach or claimed breach shall neither name as a claimant nor be brought on behalf of anyone other than yourself. Any controversy, claim or dispute, THUMBLECRASH has against you (regardless of when any such claim accrued), shall, at THUMBLECRASH’s sole discretion, be (a) filed in any state or federal court in the New York City or (b) settled by binding arbitration administered by the AAA in New York City by a single arbitrator. You consent to personal jurisdiction and venue in New York’s state and federal courts in New York City. In addition to any remedies available to THUMBLECRASH under any law, the court or arbitrator, as the case may be, shall be authorized to award THUMBLECRASH its reasonable attorney’s fees and costs incurred by THUMBLECRASH in any controversy, claim or dispute concerning these Terms of Use. Any arbitration under this Agreement shall be administered under the AAA’s Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator can be confirmed or entered in any court of competent jurisdiction.

  1. Advertisements: Some of the Services provided by THUMBLECRASH are supported by advertising revenue and may display advertisements and promotions.  In consideration for THUMBLECRASH granting you access to and use of the Services, you agree that THUMBLECRASH may place advertising on the Services.  You further agree that the manner, mode and extent of advertising by THUMBLECRASH on the Services are subject to change without specific notice to you.
  1. Indemnification: You agree to defend, indemnify and hold harmless THUMBLECRASH and the THUMBLECRASH Parties from and against all claims and expenses, including attorneys’ fees, resulting from (i) any breach of this Agreement or your negligent and wrongful conduct; (ii) your use and access of the Services , including the posting of any content on this Website by you; and (iii) a violation by you of any applicable law.  11. Termination: You may unsubscribe at any time by sending an unsubscribe request to us at [email protected] and we will process your request within a reasonable time after receipt. Without limiting the foregoing, THUMBLECRASH shall have the right to immediately terminate any of your passwords or accounts if:

(A) you have breached any provision of the Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Agreement); or

(B) THUMBLECRASH is required to do so by law; or

(C) the partner with whom THUMBLECRASH offered the Services to you has terminated its relationship with THUMBLECRASH or ceased to offer the Services to you; or

(D) THUMBLECRASH is transitioning to no longer providing the Services to users in the country in which you are a resident or from which you use the Services.

Sections 4, 5, 6, 7, 8, 10, 12, 13, 14, 15, 16, 17 and this Section 11 will survive termination of this Agreement. 12. Intellectual Property: THUMBLECRASH, Major League Gaming, the THUMBLECRASH logos, GameBattles, the GameBattles logo, GotFrag, the GotFrag logo, and the tagline “It’s Time to Get Your Game On” are the exclusive property of THUMBLECRASH. All rights reserved. All other trademarks appearing on the Services are the property of THUMBLECRASH, affiliates of THUMBLECRASH, or their respective owners.  Unless you have agreed otherwise in writing with THUMBLECRASH, you agree that nothing in this Agreement gives you a right to use any of THUMBLECRASH’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.  You further agree that you shall not use any trademark, service mark, trade name, logo of any other company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.  13. Third Party Content: THUMBLECRASH is a distributor (and not a publisher) of content supplied by third parties and users of the Services. Accordingly, THUMBLECRASH has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any user of the Services , are those of the respective author(s) or distributor(s) and not of THUMBLECRASH. Neither THUMBLECRASH nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 7 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through the Services represents the opinions and judgments of the respective information provider or users not under contract with THUMBLECRASH. THUMBLECRASH neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made through the Services. Under no circumstances will THUMBLECRASH be liable for any loss or damage caused by your reliance on information obtained through the Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Services.

  1. Other Content: The Services may include hyperlinks to other websites or content or resources.  THUMBLECRASH has no control over websites or resources that are provided by companies or persons other than THUMBLECRASH.  You agree that THUMBLECRASH is not responsible for the availability of any such external websites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.  You agree that THUMBLECRASH is not liable for any loss or damage which may be incurred by you as a result of the availability of those external websites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. 15. Miscellaneous: This Agreement (which hereby incorporates by reference any other provisions applicable to use of the Services , including, but not limited to, any supplemental terms governing the use of certain specific material contained on the Website and any operating rules for the Services established by THUMBLECRASH) constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. The provisions of this Agreement will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of any other provisions. In addition, if any provision of the Agreement, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of the parties. This Agreement shall be construed in accordance with the laws of UK, without regard to its conflict of laws rules. Notwithstanding this, you agree that THUMBLECRASH may still apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.  The failure by THUMBLECRASH to partially or fully exercise any rights or the waiver of any breach of this Agreement by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by THUMBLECRASH of any subsequent breach by you of the same or any other term of this Agreement.  THUMBLECRASH’s rights and remedies under this Agreement shall be cumulative, and the exercise of any such right or remedy shall not limit THUMBLECRASH’s right to exercise any other right or remedy.

The section headings used herein are for convenience only and shall not be given any legal import.

  1. Privacy Policy: THUMBLECRASH knows that the privacy of your personal information is important to you. For more information about THUMBLECRASH’s data protection practices, please read our Privacy Policy, which is incorporated by reference in this Agreement.  The Privacy Policy explains how THUMBLECRASH treats your personal information, and protects your privacy, when you use the Services.  By accessing or using the Services, you agree to the use of your information in accordance with THUMBLECRASH’s Privacy Policy.

20-22 Wenlock Road
London
N1 7GU
England

C1p8[@]thumblecrash.com

Questions:  Should you have any questions regarding this Agreement you may contact us through the Website or e-mail webmaster[@]thumblecrash.com.

Effective Date: This Agreement was last updated on June 15, 2015.

© 2016 ThumbleCrash Ltd

ThumbleCrash logo are the exclusive properties of ThumbleCrash LTD