Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and AllGaming CA ("Company," "we," "us," or "our"), the operator of allgaminginca.com (the "Platform"). By accessing, browsing, or using our Platform in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms in their entirety, you must immediately cease all use of the Platform. We reserve the right to modify these Terms at any time. Material changes will be communicated through a prominent notice on the Platform and by updating the "Last updated" date above. Your continued use of the Platform following such notice constitutes your acceptance of the revised Terms.

These Terms are drafted in English. In the event of any conflict between the English version and a translated version, the English version shall prevail.

2. Eligibility

Access to AllGaming CA is restricted to individuals who meet all of the following criteria:

• Age: You must be at least 19 years of age. In certain provinces and territories, the minimum age may differ; you are responsible for knowing and complying with the applicable legal age requirement in your jurisdiction.
• Residency: You must currently reside in Canada.
• Legal capacity: You must have the legal capacity to enter into binding agreements. If you are entering into these Terms on behalf of an organization, you represent that you have the authority to bind that organization.
• Not previously banned: You must not have been previously suspended or permanently banned from the Platform by AllGaming CA.

By using our Platform, you represent and warrant that you meet all eligibility requirements. We reserve the right to verify eligibility at any time and to suspend or terminate access where eligibility requirements are not satisfied.

AllGaming CA is not directed at or intended for use by individuals under the age of 19. If we become aware that a minor has accessed the Platform, we will take immediate steps to suspend their access and delete any associated personal information.

3. Description of Service

AllGaming CA is a free, browser-based social arcade entertainment platform. Our Platform provides users with access to interactive arcade-style games, including Rise of Merlin Quest, in a purely recreational context. All entertainment modules on our Platform are provided free of charge.

Important — No Real Money: AllGaming CA is not a gambling platform. No real money, monetary prizes, or items of monetary value are involved at any stage of using our Platform. All in-platform scores, points, virtual items, and achievements are for entertainment purposes only and have no cash value whatsoever. No purchase is ever required to access or enjoy any feature of our Platform.

We provide the Platform on an "as is" and "as available" basis. We may update, modify, suspend, or discontinue any aspect of the Platform at any time without prior notice, including adding or removing games, features, or content. We are not liable for any loss or inconvenience arising from such changes.

The Platform may include links to third-party websites or services. These links are provided for convenience only. AllGaming CA does not endorse or take responsibility for the content, privacy practices, or services of any third-party sites.

4. User Accounts

Certain features of our Platform may require you to register for an account. When creating an account, you agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information to keep it accurate and complete.
• Choose a username that is not offensive, misleading, or infringing on the rights of any third party.
• Keep your account credentials confidential and not share your password with any third party.
• Notify us immediately at hello@allgaminginca.com upon becoming aware of any unauthorized use of your account.

You are fully responsible for all activities that occur under your account. AllGaming CA will not be liable for any loss or damage arising from your failure to safeguard your account credentials. You may not create multiple accounts, use another person's account, or create an account using false or misleading information.

We reserve the right to refuse registration, suspend, or terminate any account at our sole discretion, including where we believe the account has been created or used in violation of these Terms.

5. Acceptable Use

You agree to use AllGaming CA only for lawful purposes and in a manner that does not infringe the rights of others or restrict their use and enjoyment of the Platform. The following conduct is strictly prohibited:

• Using the Platform for any unlawful purpose or in violation of any applicable federal, provincial, or municipal law or regulation.
• Attempting to gain unauthorized access to the Platform, our servers, databases, or other systems or networks connected to the Platform.
• Using automated tools, bots, scripts, or other means to scrape, crawl, or extract data from the Platform without our express written consent.
• Attempting to reverse engineer, decompile, disassemble, or otherwise derive the source code of any part of the Platform.
• Transmitting any content that is defamatory, harassing, abusive, threatening, obscene, discriminatory, or otherwise objectionable.
• Impersonating any person or entity, or misrepresenting your affiliation with any person or entity.
• Introducing any virus, malware, spyware, or other harmful code into the Platform.
• Engaging in any conduct that unreasonably or disproportionately burdens our infrastructure or disrupts the normal functioning of the Platform.
• Attempting to circumvent any age verification, content restriction, or security measures implemented on the Platform.
• Using the Platform to advertise or solicit business without our express written consent.

Violation of these acceptable use provisions may result in immediate suspension or termination of your access to the Platform and may be referred to appropriate law enforcement authorities.

6. Intellectual Property

All content on the AllGaming CA Platform — including but not limited to text, graphics, logos, icons, images, audio clips, game mechanics, code, software, and the overall look and feel of the Platform — is the property of AllGaming CA or its licensors and is protected by Canadian and international copyright, trademark, and other intellectual property laws.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal, non-commercial, recreational use only. This license does not include the right to:

• Reproduce, distribute, publicly display, or create derivative works of any Platform content.
• Use any Platform content for commercial purposes or for any public display.
• Remove or alter any proprietary notices, labels, or marks on Platform content.
• Use any data mining, robots, or similar data gathering tools on the Platform.

The "AllGaming CA" name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of AllGaming CA. You may not use these marks without our prior written permission.

7. User Content

If you submit, post, or transmit any content to the Platform — such as comments, profile information, or feedback ("User Content") — you represent and warrant that:

• You own or have the necessary rights and permissions to submit such content.
• The submission and use of your User Content does not infringe any third-party intellectual property rights, privacy rights, or any other rights.
• Your User Content does not contain any material that is unlawful, harmful, threatening, abusive, or otherwise objectionable.

By submitting User Content, you grant AllGaming CA a non-exclusive, royalty-free, worldwide, perpetual license to use, display, reproduce, and modify such content as necessary to operate and improve the Platform. You retain ownership of your User Content subject to this license grant.

We reserve the right, but are not obligated, to monitor, edit, or remove User Content at our sole discretion if we determine it violates these Terms or is otherwise objectionable.

8. Disclaimers

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION.

AllGaming CA does not warrant that:

• The Platform will be continuously available, uninterrupted, timely, secure, or error-free.
• The results obtained from use of the Platform will be accurate or reliable.
• Any defects or errors in the Platform will be corrected.
• The Platform or the servers that make it available are free from viruses or other harmful components.

Notwithstanding the foregoing, nothing in these Terms shall limit or exclude any warranties or liability that cannot be excluded by applicable Canadian law, including consumer protection laws of the Province of Ontario.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALLGAMING CA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES — ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, our liability shall be limited to the greatest extent permitted by applicable law. Nothing in these Terms limits our liability for death or personal injury caused by our negligence, fraudulent misrepresentation, or any other liability that cannot be lawfully excluded under Ontario or Canadian law.

Because our Platform is provided free of charge, the total aggregate liability of AllGaming CA to you for any claims arising out of or related to these Terms shall not exceed one hundred Canadian dollars (CAD $100.00).

10. Indemnification

You agree to defend, indemnify, and hold harmless AllGaming CA and its affiliates, directors, officers, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable legal fees) arising out of or relating to:

• Your violation of these Terms.
• Your use of the Platform in a manner not authorized by these Terms.
• Your violation of any applicable law, regulation, or third-party right, including intellectual property rights and privacy rights.
• Any User Content you submit, post, or transmit through the Platform.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of such claim. You agree not to settle any such claim without our prior written consent.

11. Termination

These Terms remain in effect for as long as you use the Platform. AllGaming CA reserves the right, in its sole discretion, to suspend or terminate your access to all or any part of the Platform at any time, with or without cause and with or without notice, including where:

• You have violated any provision of these Terms.
• We are required to do so by law or regulatory order.
• We determine that continuing to provide access poses a risk to the Platform or other users.
• We discontinue the Platform in whole or in part.

You may terminate your account at any time by contacting us at hello@allgaminginca.com. Upon termination, your right to use the Platform will immediately cease. Sections of these Terms that by their nature should survive termination — including Sections 6, 8, 9, 10, and 12 — shall survive any termination.

12. Governing Law & Dispute Resolution

These Terms and any dispute or claim arising out of or in connection with them or their subject matter, including non-contractual disputes or claims, shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any legal proceedings arising out of or in connection with these Terms shall be instituted in the courts of competent jurisdiction located in the Province of Ontario, and you irrevocably consent to the exclusive jurisdiction and venue of such courts.

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and AllGaming CA with respect to the subject matter herein, and supersede all prior agreements, understandings, representations, and warranties.

If you have questions about these Terms, please contact us at legal@allgaminginca.com.