TERMS OF SERVICE
Last Updated: 3.22.2023
Please read these Terms of Service (“Terms”) carefully as they are a binding legal contract between you and Aquatik, LLC (“Aquatik”, “we”, “us”, or “our”).
These Terms govern your access and use of the Aquatik online platform made available at www.kontrol.gg (the “Platform”) and the features, functionality, products, and services Aquatik makes accessible either through such Platform or through a third-party platform (collectively, the “Services”). These Terms apply whether (i) you register through the Platform or Services to purchase, download, or play games or other content as at user of the Services (“User”); (ii) you register as a developer to create, sell, distribute, or publish games or other content on the Platform or through the Services (a “Developer”).
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU ACCESS THE PLATFORM OR START TO USE THE SERVICES. BY REGISTERING AN ACCOUNT THROUGH THE PLATFORM OR OTHERWISE USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY AND TO ABIDE BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT REGISTER AN ACCOUNT OR USE THE SERVICES.
Arbitration Notice: THESE TERMS CONTAIN A PROVISION REQUIRING YOU TO RESOLVE DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. EXCEPT FOR CERTAIN DISPUTES IDENTIFIED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND AQUATIK WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
- Please review the Aquatik Privacy Notice available at kontrol.gg/privacy before accessing the Platform, using the Services, or creating an Account (as defined in Section 4). Our Privacy Notice explains what personal information we may collect, why we collect it, how we use it, how we share it, and the controls you have over your personal information (if applicable).
- Modifications to these Terms. We may, in our sole discretion, revise these Terms from time to time. The most current version of these Terms will be made available to you from within the Platform. If we make material changes to these Terms, we will send you notification of the changes via email, through your Account, or by posting a conspicuous notice within the Platform. By continuing to access and use the Platform or Services after such changes become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must cease use of the Platform and the Services.
- Platform Access. Subject to your compliance with these Terms, Aquatik grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Platform and Services. Unauthorized use of the Platform or Services is a violation of these Terms and may result in the termination of these rights and your Account. IF YOU DOWNLOAD GAMES OR OTHER CONTENT IN CONNECTION WITH THE SERVICES, YOUR USE OF THE GAMES MAY ALSO BE GOVERNED BY APLICABLE END USER LICENSE AGREEMENTS PRESENTED TO YOU UPON DOWNLOAD OR INSTALLATION OF THE SOFTWARE.
- To access certain Services, you will be required to create an account and provide certain registration details and information (“Account”). Information we collect during any Account registration will be used in accordance with our Privacy Notice. You do not have any ownership or other property interest in your Account. All rights in your Account are owned by Aquatik. You may not sell, transfer, license or assign your Account, username, or any Account rights to any third party. The information you provide to Aquatik must be correct, current, and complete. You are fully responsible for all uses of your Account, for all users that you permit to access your Account, and any user who otherwise accesses your Account, the Platform, or the Services using your password and username. You agree to: (a) keep your password confidential and not share it with anyone else, and (b) immediately notify Aquatik using the contact information set forth below of any unauthorized use of your password or Account of which you become aware. You acknowledge and agree that Aquatik is authorized to act on instructions received through your Account, including any purchases made through your Account, or other communications. We may, in our discretion, deny access or block any transaction made through your Account without prior notice if we believe the security of your Account, password, or username have been compromised.
If you register for an account as a user, you must be at least 13 years of age. The Platform and Services are not intended for children under 13 and you may not create an account or become a user of the services if you are under 13.
If you register for an account as a Developer, you represent and warrant that you are at least 18 years of age, or you possess legal parental or guardian consent to create an account, and you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms.
- Prohibited Uses. In addition to the other restrictions outlined in these Terms, you agree that you will not:
- Use the Platform or Services for any purpose that is illegal, unauthorized, beyond the scope of its intended use, or engage in, encourage, promote, advocate or assist any third party in any activity that violates these Terms or is otherwise prohibited in these Terms or the terms of any third party that govern a particular Platform;
- Interfere with or disrupt servers or networks used by Aquatik to provide the Platform or used by other users to access the Platform, or violate any third party regulations, policies or procedures of such servers or networks or harass or interfere with another user’s full use and enjoyment of the Platform;
- Intercept, examine, monitor or otherwise observe any proprietary communications protocol used by a device, a client or a server communicating with the Platform, whether through the use of a network analyzer, packet sniffer or other device or software, unless expressly authorized by the Aquatik;
- Use any robot, bot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Platform or to extract data;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Platform or the Services, or any component thereof, or circumvent measures employed to prevent or limit access to any area, content, or source code of the Platform or Services;
- Use or attempt to use another user’s account without such user’s authorization or otherwise impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Attempt to compromise any security measures or circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Platform that you are not authorized to access;
- Attempt to represent in any manner that you have a relationship of any kind with us or that we have endorsed you or any products or services without our express written consent to do so;
- Submit or use any Content (as defined below) that is unlawful or otherwise infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
- Reproduce, duplicate, copy, buy, sell, trade, resell or exploit for any commercial purpose any portion of the Platform, including your Account, Aquatik Materials (as defined below) or access to or use of the Platform or Aquatik Materials without our prior written consent; and
- Develop any third party applications that interact with the Platform or Aquatik Materials without prior written consent from Aquatik.
You may elect to load money into your Account in the form of a prepaid Account balance. You can use this Account balance to purchase Services available through the Platform or for in-game purchases. You are responsible for all uses of your prepaid Account balance, including all applicable taxes and all purchases made by you or anyone else using your Account balance Aquatik reserves the right to change, modify, or otherwise impose usage limits to your Account balance at any time, in its sole discretion. You may only use the Account balance toward the purchase of eligible products, services, or features from Aquatik, subject to their availability. Any balance or unused funds after each purchase will be held in your Account. If you make a purchase request for an amount that exceeds the amount of prepaid funds, the remainder must be paid with other available payment methods.
- Developer Content. Developers are solely responsible for the content they upload and distribute via the Platform and Services (“Developer Content”). Developers affirm, represent, and warrant that they own or have the rights, licenses, permissions and consents necessary to publish, license, duplicate, and distribute the Developer Content.
Except for the license rights contained herein, Developers retain all ownership rights to the Developer Content (subject to any license rights in software code provided by Aquatik, that may be incorporated or embedded in the Developer Content). By submitting Developer Content to the Platform, Developers grant Aquatik a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, transmit, distribute, reformat, copy, publicly display, and publicly perform the Developer Content in connection with the Services, including, without limitation, for marketing, distribution, and use.
By uploading Developer Content and making such Developer Content available for distribution and sale through the Platform, Developer acknowledges and understands that Developer is granting Aquatik and Users a non-exclusive, perpetual license to reproduce, copy, publicly display, publicly perform, transmit, and use such Digital Content as permitted through the functionality of the Services. Users shall retain a license to the Digital Content even after the Digital Content is removed from the Platform.
Aquatik may provide Developers access to certain developer tools to help create Developer Content, e.g., software development kits or “SDKs”. These developer tools may be subject to additional license terms and conditions that must be accepted by Developers prior to use of such tools.
- User Content. Aquatik may provide interactive areas for participation and posting by its Users (“User Content”). All Users must also follow any other guidelines or rules posted on the Platform or otherwise communicated to you. A failure to comply with any of those guidelines or rules, or any of the other provisions of these Terms, may result in, among other possible action, the immediate termination of all privileges to post User Content or termination of your Account. Users are solely responsible for the contents and consequences of the User Content that is communicated or post through your Account. You should exercise the utmost discretion before providing any personal information in your User Content. Although Aquatik is not obligated to monitor User Content, you acknowledge and agree that Aquatik, in its sole discretion, has the right to monitor, without notice, any such User Content. Aquatik also reserves the right, in its sole and absolute discretion, to prohibit any conduct and remove any User Content, without notice, for any reason.
You understand and agree that: (1) Aquatik assumes no liability or responsibility for any Developer Content or User Content of any kind that is submitted, uploaded or otherwise posted by you or by any other Developer or User; and (2) Aquatik is a publisher of any such Developer Content or User Content, and is acting solely as an Internet Service Provider as defined in the Digital Millennium Copyright Act. Please report any violations of these Terms, the Aquatik guidelines or rules to Aquatik, as provided for in Section 10 of these Terms.
- Aquatik Materials. Except for User Content and Developer Content, all text, audio, video, graphics, charts photographs, interfaces, icons, software, computer code, applications, databases, trademarks, logos, slogans, names of products, documentation, other components, and the design, selection and arrangement of the content in the Platform and Services are exclusively the property of Aquatik, and its licensors (including other developers) as applicable (collectively, “Aquatik Materials”). Aquatik Materials are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws. Subject to your compliance with these Terms, Aquatik grants you a limited, nonexclusive, non-sub-licensable license to access and use the Aquatik Materials. This license is revocable at any time as further contemplated by these Terms.
- DMCA Copyright Notice
Aquatik respects the rights of intellectual property owners, and asks that its users do the same. If you believe that your work has been copied in a way that constitutes infringement, please provide Aquatik the following information, in the form prescribed by Section 512 of Title 17, United States Code:
- an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- a description of the copyrighted work or works that you claim have been infringed;
- a description of the allegedly infringing material, including its location on the Platform;
- 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 the copyright owner, its agent, or the law; and
- 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.
If we receive a valid notification of alleged copyright infringement, we will remove the materials and take reasonable steps to contact the owner of the removed materials so that the owner can respond with a counter-notification. Please be aware that if you knowingly, materially misrepresent that any material or activity on the Platform or the Services: (a) is infringing your copyright; or (b) was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under the DMCA
If you believe that any User Content, Developer Content, or Aquatik Materials is infringing on your copyright, you can report it to us by filling in our Copyright Report Form or you can contact our designated copyright agent. If you contact our designated copyright agent, please make sure that you include the information identified in this Section.
Aquatik’s Designated Copyright Agent for notice of claims of copyright infringement is as set forth below in the “Contact Us” section, Attn: Copyright Manager.
- Any feedback, suggestions, ideas, or other information or materials regarding Aquatik, the Services or the Platform that you provide to Aquatik, whether by email or otherwise (“Feedback”) is at your own risk and Aquatik has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Aquatik a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re- format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sub-license the foregoing rights, in connection with the Platform and Services.
- Disclaimer of Warranties. The Platform, Services, and content available via the same are provided to you “as is”, “as available” and “with all faults”. To the fullest extent permissible by law, Aquatik on behalf of itself and its affiliates and subsidiaries, and each of their investors, officers, agents, employees, services providers, representatives, and partners (collectively, the “Aquatik Parties”), disclaim all warranties with regards to (a) the platform, (b) services, (c) all content avaiable via the services, including all developer content, user content, and aquatik content; and (d) all security associated with the electronic transmission of information to Aquatik, including via the Platform. In addition, the Aquatik Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
The Aquatik Parties do not represent or warrant that the Platform will be error-free or uninterrupted; that defects will be corrected; or that the Platform or the server that makes the Platform available is free from any harmful components, including, without limitation, viruses. The Aquatik Parties do not make any representations or warranties that the information (including any instructions) on the Platform is accurate, complete, or useful. You acknowledge that your use of the Platform is at your sole risk. The Aquatik Parties do not warrant that your use of the Platform is lawful in any particular jurisdiction, and the Aquatik Parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction’s law is applicable to you and these Terms.
The Aquatik Parties do not endorse developer content or user content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any such developer content or user Content.
- LIMITATION OF LIABILITY. EXCEPT WHERE EXPRESSLY PROHIBITED BY LAW, IN NO EVENT WILL AQUATIK OR THE AQUATIK PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (A) YOUR USE OF THE PLATFORM OR ANY CONTENT OR MATERIALS AVAILABLE THEREIN, INCLUDING ANY DEVELOPER CONTENT OR USER CONTENT, (B) THE SERVICES, (C) THE CONDUCT OF OTHER USERS OF THE PLATFORM, EVEN IF AQUATIK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
USE OF THE PLATFORM AND SERVICES IS AT YOUR RISK. YOUR SOLE REMEDY AGAINST AQUATIK AND THE AQUATIK PARTIES FOR DISSATISFACTION WITH THE PLATFORM OR SERVICES IS TO STOP USING THE SAME. NOTWITHSTANDING THE FOREGOING, IF AQUATIK IS FOUND TO BE LIABLE TO YOU FOR ANY DIRECT DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM OR SERVICES, AQUATIK’S LIABILITY SHALL NOT EXCEED ONE HUNDRED ($100.00) UNITED STATES DOLLARS (USD). THE FOREGOING LIMITATIONS APPLY EVEN IF ANY AVAILABLE REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Indemnification. BY AGREEING TO THESE TERMS, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AQUATIK AND AQUATIK PARTIES FROM AND AGAINST ANY AND ALL CHARGES, CLAIMS, DAMAGES, LOSSES, COSTS, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) INCURRED AS A RESULT OF OR ARISING FROM A CLAIM, COMPLAINT, ALLEGATION, LAWSUIT, OR DEMAND ARISING OUT OF OR RELATING IN ANY WAY TO (A) YOUR ACCESS OR USE OF THE PLATFORM AND SERVICES; (B) YOUR VIOLATION OF THESE TERMS; (C) YOUR INFRINGEMENT OR MISAPPROPRIATION OF AQUATIK’S OR ANY THIRD PARTY’S INTELLECTUAL PROPRETY RIGHT OR OTHER PROPRIETARY RIGHT; OR (D) YOUR VIOLATION OF ANY APPLICABLE LAW.
- Governing Law. Unless otherwise required by applicable law, these Terms, and your access to and use of the Platform and Services, are governed by the laws of the State of Florida, without regards to its conflict of laws principles. Unless otherwise required by applicable law, and except as provided in the following section with respect to arbitration, venue is exclusively in the state or federal courts, as applicable, located in the County of Collier, Florida. You expressly agree to the exclusive jurisdiction of those courts. Any cause of action or other claim brought by you with respect to the Platform, Services, or Content must be commenced within one (1) year after the cause of action or claim arises. This provision will survive the termination of your relationship with Aquatik.
- Arbitration Agreement; Class Waiver; Waiver of Trial by Jury
Please read the following paragraphs carefully because they require you to arbitrate disputes with Aquatik and limit the manner in which you can seek relief from us.
All claims and disputes between the parties that cannot be resolved informally must be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”). Notwithstanding the foregoing, in the event of any actual, alleged or threatened violation of confidentiality or violation of the other party’s intellectual property or other proprietary rights, the non-breaching party may immediately resort to court proceedings in a court of competent jurisdiction as set forth below in order to seek immediate equitable relief without posting of a bond, proof of damages or other similar requirement.
This Arbitration Agreement applies to you and Aquatik, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of the Platform provided under the Terms.
The arbitration proceeding will be administered by the International Chamber of Commerce (“ICC”) pursuant to its Rules of Arbitration before an arbitrator selected by and pursuant to the rules of the ICC. Any final award may be filed and enforced in any court of competent jurisdiction. The parties shall share equally in the costs assessed for the arbitration. Any such arbitration will take place at a location within the United States federal judicial district identified below and will apply the substantive law set forth above. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH INDIVIDUAL ARBITRATION.
The decision of the arbitrator will be a final and binding resolution of the dispute. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1–16. Judgment upon the award may be entered in any court having jurisdiction.
- Assignment. You may not assign your rights or delegate your duties under these Terms, including without limitation your Account, without our prior written consent. These Terms inure to the benefit of Aquatik’s successors and assigns.
- Severability. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
- Entire Agreement. These Terms and any terms, guidelines or rules posted throughout the Platform are the entire agreement between you and Aquatik with respect to your access to and use of your Account, the Platform, Content, and Services.
Contact Us. You may contact Us at:
801 Orchid Drive
Naples, Florida 34102
DMCA Designated Agent: Copyright Manager