Terms of Service
End user license agreement
Welcome to airG Live!
The airG Live websites are located at airG.live (collectively the “Sites”). In Australia the Sites are provided by Unlimited Gamez Australia Pty Ltd., an Australian corporation. In the rest of the world the Sites are provided by Unlimited Gamez Inc. SEZC , a Cayman Islands corporation. In these Terms of Service “airG Live ", "we" or "our" or ”us”, refers to every corporation that is providing the Sites to you, or that is a participant in a corporation that is providing the Sites to you.
The commencement date of this TOS is the date you first browse the Sites. Your continued use of the Sites implies your acceptance of any changes to this TOS. These TOS will remain in full force and effect while you use the Sites, unless earlier terminated in accordance with this TOS.
The Sites are not knowingly provided, directed or targeted to children, usage of the Sites will be subject to the following criteria, and the following will apply:
- In the United States and Canada, the Sites are not knowingly provided to children under the age of 14. If you are accessing the Sites from the United States or Canada, you hereby represent, warrant and covenant that you are at least 14 years old.
- In Australia and South Africa, the Sites are not knowingly provided to persons under the age of 18. If you are accessing the Sites from Australia, or South Africa you hereby represent, warrant and covenant that you are at least 18 years old.
- In the European Economic Area, the Sites are not knowingly provided to persons under the age of 16. If you are accessing the Sites from the European Economic Area, you hereby represent, warrant and covenant that you are at least 16 years old.
- In all other countries the Sites are not knowingly provided to children under the age of 14. If you are accessing the Sites from any country other than those listed above, you hereby represent, warrant and covenant that you are at least 14 years old.
The Sites are available for your use if you are able to enter into this TOS and are not a person barred from receiving services under US, not residing in a country that is subject to a US government embargo, or designated by the US government as a “terrorist supporting” country, and you are not included on any US government list of prohibited or restricted parties, or any other reason we may unilaterally determine at any time.
This TOS was written in English. To the extent any translated version of this TOS conflicts with the English version, the English version controls.TOS Version Date: September 1, 2023
Subject to the terms of this TOS, we grant you a non-transferable, non-exclusive license to (a) use the Sites for your use.
3. Use of the Sites are licensed to you.
We own all rights, title and interest, including all related intellectual property rights, in and to the Sites. This License is not a sale and does not convey to you any rights of ownership in or related to the Sites. The airG Live name, logo, and all product names associated with the Sites belong to us, and no right or license is granted to you to use them by implication, estoppel or otherwise. If any third party claims that any of these names and/or logos – or your possession and use of the Sites or any of them – infringes that third party’s intellectual property rights, we will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
We reserve all rights not granted in this TOS.
The rights granted to you in this TOS are subject to the following restrictions. You agree that you will not:
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Sites;
- modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Sites;
- access, tamper with, or use non-public areas of the Sites, our computer systems, or our technical delivery systems;
- access the Sites in order to build a similar or competitive Sites;
- probe, scan, or test the vulnerability of any of our systems or networks, or breach or circumvent any security or authentication measures;
- access or search, or attempt to access or search, the Sites by any means, automated or otherwise, other than through the currently available, published interfaces provided by us, unless you have been specifically allowed to do so via a separate agreement with us;
- interfere with or disrupt, or attempt to interfere with or disrupt, the access of any user, host or network by any means including sending a virus, overloading, flooding, spamming, mail-bombing us, the Sites or any of them;
- facilitate or encourage any violations of this TOS;
- remove or destroy any copyright notices or other proprietary markings contained on or in the Sites;
- transfer your account or any part thereof to anyone without first getting our written permission;
- use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Sites;
- use the Sites to design or assist in the design of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software to modify or interfere with the Sites;
- use any unauthorized third-party software that accesses, intercepts, “mines”, or otherwise collects information from or through the Sites, or that is in transit from or to the Sites, including any software that reads areas of RAM or streams of network traffic used by the Sites, to store information about characters, elements or environment;
- intercept, examine, or otherwise observe any proprietary communications protocol used by a client, a server or the Sites, whether through the use of a network analyzer, packet sniffer or other device;
- bypass any robot exclusion headers or other measures we take to restrict access to the Sites, or use any software, technology, or device to send content or messages, scrape, spider or crawl the Sites, or harvest or manipulate data;
- use, facilitate, create or maintain any unauthorized connection to the Sites, including (a) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Sites, or (b) any connection using programs, tools or software not expressly approved by us; and
- copy, modify or distribute rights or content from the Sites, or our copyrights or trademarks or use any method to copy or distribute the content of the Sites except as specifically allowed in this TOS.
Except as expressly stated herein, no part of the Sites may be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means.
Any future release, update, or other addition to functionality of the Sites shall be subject to the terms of this TOS. All copyright and other proprietary notices on any of the Sites must be retained on any copies.
We may suspend or terminate your account in accordance with Section 14, “Termination” below.
5. Communications from Us.
As part of providing the Sites, we may send certain communications such as service announcements, notifications, and administrative messages. These communications are considered part of the Sites, By using the Sites, or any of them, you agree to accept these communications, and you may have the option to opt out of receiving these communications.
6. Local Laws.
We make no representation that the Sites are appropriate for use in locations other than Australia, Canada and the United States. You are solely responsible for compliance with all applicable laws, including export and import regulations. Any diversion of the Sites contrary to Australian or Canadian or United States law is prohibited.
We reserve the right, at any time, to modify, suspend, or discontinue the Sites or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Sites or any part thereof. In addition, we reserve the right to create limits on use and storage at our discretion at any time without prior notice to you.
8. Product Claims.
You agree that we alone are responsible for addressing any claims by you or a third party relating to the Sites, or your possession and/or use of the Sites including (a) product liability claims; (b) any claim that the Sites fail to conform to any legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
If you provide us with any feedback or suggestions (“Feedback”), you hereby assign to us all rights in the Feedback and agree that we shall have the right to use such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary information. You will not submit to us any information or ideas that you consider to be confidential or proprietary.
When you use the Sites, we may store one or more cookies (a small text file containing a string of alphanumeric characters) on your mobile device that uniquely identifies your browser. These cookies may store your unique account ID, an API key, your profile information and your username, but no other personal information. Certain Sites may use persistent cookies. A persistent cookie remains after you close your browser, and may be used by your browser on subsequent visits to the Sites. Persistent cookies can be removed by following your web browser help file directions. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the Sites may not function properly if the ability to accept cookies is disabled. By using the Sites, you agree to accept the placement of cookies on your browser.
12. Copyright Infringement.
THIS NOTICE AND PROCEDURE IS EXCLUSIVELY FOR CLAIMING COPYRIGHT INFRINGEMENT REGARDING YOUR MATERIAL(S) THAT APPEAR ON THE SITES IN ACCORDANCE WITH THE DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA). We do not condone posting of copyrighted material belonging to third parties on the Sites, and will respond to alleged violations in accordance with procedures allowed by the Digital Millennium Copyright Act (“DMCA”) outlined below. If you believe that your copyright rights have been infringed by a user of the Sites, please provide us with the written information specified below. Please note that this procedure is exclusive for notifying us that your copyright material has been infringed. An electronic or physical signature of the person who is authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Sites;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by either the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement on its Sites can be reached as follows:
Unlimited Gamez Inc. SEZC
Copyright Agent Department
PO Box CEC – 87
George Town, Grand Cayman
Cayman Islands, KY1-9012
We may (a) suspend your rights to use the Sites or (b) terminate this TOS as it pertains to you. We may suspend or terminate at any time for any reason at our sole discretion with or without notice to you, including if we in good faith believe you have violated any provision of this TOS or any applicable law. We reserve the right to limit, reduce, deactivate, suspend or terminate your account and your access to the Sites, or portions thereof if you, in our sole discretion, are or have been involved in fraud or the misuse of the Sites. In addition, we may suspend or terminate your access for any or no reason. We may also add or create new limits to the Sites at any time.
Upon termination of this TOS, your account and right to use the Sites will automatically terminate immediately. We will not have any liability whatsoever to you for any termination of this TOS.
When your account is terminated for any reason, you will be banned from using any and all our Sites in the future.
If we terminate your account for any reason, you may not create another account without our permission.
Even after this TOS is terminated as it pertains to you, the following provisions of this TOS will remain in effect: 1, 3, 4, 5, 7, 9, 15, 16, 17, 18, 20, 21, 22, 23, 24 and 25.
You agree to defend, indemnify and hold harmless us, our officers, directors, employees, contractors, agents and suppliers from and against any and all claims, suits, losses, damages, obligations, liabilities, costs, debts and expenses (including attorneys’ fees) brought by third parties resulting from or relating to (a) your use of the Sites, (b) your violation of this TOS, (c) your violation of any third party right, including any intellectual property, property or privacy right. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter related to this TOS or your use of the Sites without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
You agree that we have no indemnity obligations to you.
You hereby irrevocably and unconditionally release and forever discharge us, our officers, directors, employees, agents and suppliers from any and all claims, demands, and rights of action, whether now known or unknown, which relate to any interactions with, or act or omission of, any other Sites or Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING. THAT CODE SECTION STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE SITES ARE AT YOUR SOLE RISK AND ARE PROVIDED “AS-IS” AND AS AVAILABLE AND WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS MAKE NO WARRANTY THAT THE SITES (A) WILL MEET YOUR REQUIREMENTS, (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE, (D) WILL BE ABLE TO PROVIDE YOU WITH PRIOR NOTICE THAT THE SITESS OR ANY FEATURE THEREOF WILL BECOME EITHER PERMANENTLY OR TEMPORARILY UNAVAILABLE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
17. Limitation on Liability.
IN NO EVENT SHALL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY OTHER DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS TOS, THE SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION IS APPLICABLE TO LOSSES INCLUDING DAMAGES RESULTING FROM (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES. THESE LIMITATIONS APPLY WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY.
ACCESS TO, AND USE OF, THE SITES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE SITES MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
18. Changes to this TOS.
This TOS is subject to occasional revision. Any changes to this TOS will be effective upon our posting of the most recent version of this TOS on the Sites. These changes will be effective immediately for users of the Sites. Continued use of the Sites following posting of the most recent version of this TOS shall indicate your acknowledgement of any such changes and your agreement to be bound by the terms and conditions of such changes. The date on which the latest update was made is indicated on the first page of this document. We recommend that you revisit this TOS from time to time to ensure you are aware of any changes.
Any notice provided to us pursuant to this TOS should be sent to:
Unlimited Gamez Inc.
PO Box CEC – 87
George Town, Grand Cayman
Cayman Islands, KY1-9012
Attn: Legal Department
20. Governing Law; Jurisdiction.
This TOS shall be governed by the laws of the Cayman Islands without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the courts located within the Cayman Islands for the purpose of litigating all such claims or disputes, and you further agree that the Sites shall be deemed a passive server whose activities do not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the Cayman Islands. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this TOS.
21. Improperly filed claims.
All claims you bring against us must be resolved in accordance with this Governing Law section above. All claims filed or brought contrary to the Governing Law section above or any other applicable section shall be considered improperly filed. Should you file a claim contrary to the governing Law Section above, or any other applicable section, we shall be entitled to recover attorneys’ fees and costs up to $1,000.00, provided that we have notified you in writing of the improperly filed claim and you have failed to promptly withdraw that claim.
If any provision of this TOS is, for any reason, held to be invalid or unenforceable, the other provisions of this TOS will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
23. Entire Agreement; General.
24. Force majeure.
We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control including any failure to perform hereunder due to unforeseen circumstances or cause beyond our control including acts of God, war, terrorism, riots, pandemics, zombie apocalypse, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
25. Records Retention.
Your account consisting of your mobile phone number will be stored in the United States and/or Canada, the actual locations and length of time of storage is to be determined at our sole discretion.
Unlimited Gamez Inc. SEZC., PO Box CEC – 87 George Town, Grand Cayman Cayman Islands, KY1-9012
Unlimited Gamez Australia Pty Ltd., Level 4, 5 & 12, Plaza Building Australia 95 Pitt Street, Sydney, New South Wales 2000, Australia.