Privacy Policy

At GameWhale Studio, privacy is a top priority, and GameWhale Studio is committed to maintaining the privacy of Authorized Users. This Privacy Policy describes the collection, use and disclosure of information GameWhale Studio receives and collects when persons access or use GameWhale Studio services from the GameWhale Studio Website (located within the GameWhale Studio.com domain name, and other sites owned, operated or controlled by GameWhale Studio, Inc. and its successors) (the "Website") and from GameWhale Studio technologies. Capitalized terms used in this Privacy Policy have the same meaning as in the User Agreement posted on the Website.

GameWhale Studio facilitates the submission, publishing, and republishing of games produced by Developers and subsequently used by others in creating their content ("Publishers"), as well as the participation in online communities and networking regarding gaming (the "GameWhale Studio Services"), in accordance with the GameWhale Studio Program described in the User Agreement. In addition, GameWhale Studio delivers appropriate content in the form of advertisements through GameWhale Studio services, games and Publishers.

Acceptance of Terms Please read this policy carefully since by visiting this Website and/or sharing information with GameWhale Studio, you agree to be bound by this Privacy Policy. The Privacy Policy may be revised or updated at any time by GameWhale Studio. This page was last updated as of the date at the top of this Privacy Policy.

Information Collection
Information Collected - Non-PII GameWhale Studio does not collect personally identifiable information (data collected an intention to identify and contact a person such as name, address, telephone number or email-address) (hereinafter 'PII'.) However, the GameWhale Studio Program and services do collect PII as voluntarily provided by Authorized Users, Developers and Publishers. Additional information related to collection of PII is described below. The non-personally identifiable information GameWhale may collect includes as an example, IP address, browser types, domain names, and access dates and times.

To ensure the best possible experience for all recipients of GameWhale Studio services and advertising, GameWhale Studio may use log files, web beacons and cookies to collect data from browsers, advertisers and third party sites ('Sites') to aggregate Information. The information collected is used for marketing purposes, enables us to determine which advertisements perform well, allows us to more effectively match advertisements and website content to your interests, assists us in improving the operation of our services, helps us to maintain the quality of our services, enhances our services to our business partners and clients (defined as businesses and not Authorized Users engaged in the use of GameWhale Studio for services) and enables us to provide general statistics to our business partners and clients regarding use of GameWhale Studio's services.

Information Collected - PII - in Relation to the GameWhale Program and Services GameWhale Studio does not collect personally identifiable information (such as name, username, address, phone number or email address) from Authorized Users except to the extent a User Account is established or an Authorized User participates in the GameWhale Studio Program or Services.

Through creation, maintenance, or participation in a User Account, User Submission, or the GameWhale Studio Program, GameWhale Studio will collect personally identifiable information from an Authorized User that may include but not be limited to: name, company name, address, email address, telephone and fax numbers, Account password, bank information, credit-card type, number and expiration date, domain address, PayPal email address, social security number, Federal Tax ID number, State Tax ID number, birth date and other personal information. GameWhale Studio may also ask you to provide GameWhale Studio with demographic information or information regarding your interests, hobbies or similar information to enhance your viewing experience.

GameWhale Studio uses only PII provided through the User Account, User Submission, or the GameWhale Studio Program, to enable interactions between Authorized Users to enhance the Authorized Users' experience with the GameWhale Studio technologies and to commit mutually agreed upon transactions, involving only the Authorized Users.

Information Shared by GameWhale Studio GameWhale Studio will only share your information and content for the limited purposes provided for in this Privacy Policy. This includes sharing information and content (1) to enable Developers, Publishers and third party service providers to assist or facilitate in the services we provide to clients; (2) to comply with applicable laws and regulations or to respond to a subpoena, search warrant or other lawful request for information received by us, whether or not a response is required by applicable law; (3) to enforce our terms of use or to protect our rights ; (4) to protect the safety of members of the public and users of the service; (5) with other GameWhale Studio entities and third party marketing partners (including advertisers, developers and publishers) for marketing purposes; (6) with vendors, administrative service providers, technology providers, and carefully selected partners for data validation, enhancement, information verification and suppression services; or (7) for any other purpose for which you provide consent. GameWhale Studio also may share information with advertisers, publishers and other third parties for marketing purposes, but such information does not include PII. GameWhale Studio is not responsible for the information practices of such clients, Developers, Publishers, advertisers and partners. The collection, use, and disclosure of information by clients, Developers, Publishers, advertisers and partners are subject to their respective privacy policies, which may differ from this Privacy Policy.

Information Collected by Third Party Sites Please be aware that the websites of GameWhale Studio advertiser clients, Publishers, the websites on which we place advertisements or any third party websites linked to one of our sites, and the content of Developers also may collect information. Such information may include non-personally identifiable information through the use of cookies and other technology and any personally identifiable information you may choose to give in registering and transacting with such website or content. GameWhale Studio is not responsible for the privacy practices of websites and content operated by such third parties. You should check the applicable privacy policies of such websites you visit to determine how they handle any information they collect from you.

Information Use by GameWhale Studio Developers, Publishers and Other Users GameWhale Studio is not responsible for the privacy practices, policies or content, or lack thereof, of advertisers, Developers, Publishers or other users of the GameWhale Studio Program, Services, Website and User Submissions. GameWhale Studio has no control over the use of a Website user's personal information by other persons, including through the use of cookies, phishing, pharming, spyware, or other cybercrime or misconduct.

Network Advertising Initiative GameWhale Studio partners may participate in the Network Advertising Initiative ('NAI'). The NAI is a cooperative of online marketing and analytics companies committed to building consumer awareness and establishing responsible business and data management practices and standards. For more information, please visit networkadvertising.org.

Your Choice Your participation in any online community or networking directly or indirectly facilitated by the Website is at your own risk, and you are encouraged not to share any personally identifiable information in such communities or networks without a thorough investigation and understanding of the people and companies who may be collecting or using that information and how that information may be used. GameWhale Studio may send you information. If you do not wish to receive communications from GameWhale Studio, you have the ability to stop receiving these communications by notifying GameWhale Studio.

Miscellaneous Processing and Storing Data GameWhale Studio, or service providers to GameWhale Studio, may store User Submissions, User Account information, and any and all other information in a facility in any country, and therefore transfer such information intra-nationally and internationally, and by using the Website, you hereby consent to such transfer.

As is common with most websites, GameWhale Studio may automatically gather certain information and store it in log files. However, none of this information identifies individual users using personally identifiable information (PII). Information in our log files includes Internet Protocol (IP) addresses, browser type, referring URL, operating system, date/time stamp, and bytes transferred. We use this information, which does not identify individual users, to analyze trends, to administer the sites, to track and understand how people use our site, technologies and services, and to gather demographic information about our user base as a whole.

Children's Privacy

GameWhale Studio does not knowingly collect personal information from, and our Website is not directed to, persons who have not attained the age of thirteen (13) or are otherwise without capacity to contract for themselves. If you are under 13 years of age, do not send any information about yourself to GameWhale Studio. If a parent or guardian becomes aware that his or her child has provided GameWhale Studio with personal information without their consent, please contact GameWhale Studio as provided above. If GameWhale Studio becomes aware that a child under 13 has provided GameWhale Studio with Personal Information, we will delete such information from our files.

Other Information Related to Amendments and Disputes

This Privacy Policy may be updated from time to time for any reason without providing you any advance notice, which you may check as often as you desire by reviewing the latest version on the Website. Your use of the Website constitutes your acceptance of the terms of this Privacy Policy, as may be amended or revised by use, and you are advised to consult this Privacy Policy regularly for any changes.

© 2014 GameWhale Studio Inc. All Rights Reserved. 

TERMS OF USE

    1. AGREEMENT

    Terms of Use (the “Agreement”) constitute a legally binding agreement by and between GameWhale Studio (“GameWhale”) and you or your company (in either case, “You” or “Your”) concerning Your use of software applications developed by, for or through GameWhale (“Applications”), downloadable to Your mobile device, smartphone, computer, or other similar device (collectively referred to as “smartphone”), or Applications that are downloadable from third party websites or services such as, but not limited to, those that offered at www.getjar.com, play.google.com, www.appbrain.com, and www.amazon.com (collectively referred to as the “Services”). By using the Services, You represent and warrant that You have read and understood, and agree to be bound by, the Agreement and GameWhale's Privacy Policy (the “Privacy Policy”).

    You explicitly agree to permit GameWhale's Services to monitors what games You are playing, copy the list of contacts on Your smartphone, computer, mobile device, or other device (collectively referred to as “smartphone”), present You with a list of contacts that You can invite. In an alternate version, the Services may include an application that links You to Your facebook® profile, imports Your friends into the friends list of the application and permit You to interact with those friends that are also Users of the application. You also explicitly agree to provide personality information that will enable GameWhale to propose and present other games that You may like, based on the answers provided in the personality information.

    You also explicitly agree to accept smartphone (push) notifications, receive game recommendations in push notifications, and allow text messaging to Your list of contacts on your smartphone. You also explicitly agree to accept push notifications and recommendations to your smartphone from GameWhale's partners that have integrated GameWhale's software development kit into their games.

    IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY CEASE USING THE SERVICES.

2. PRIVACY POLICY

    By using GameWhale's Services, You consent to the collection and use of certain information about You, as specified in the Privacy Policy. GameWhale encourages users of the Services to frequently check GameWhale's Privacy Policy for changes.

3. CHANGES TO AGREEMENT AND PRIVACY POLICY

    Internet and the applicable laws, rules, and regulations change frequently. ACCORDINGLY, GameWhale RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND ITS PRIVACY POLICY AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON IT'S WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT AND THE PRIVACY POLICY PERIODICALLY. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE AND CEASE USING THE SERVICES. Unless GameWhale obtains Your express consent, any revised Privacy Policy will apply only to information collected by GameWhale after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policies.

4. ELIGIBILITY

    BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST (13) YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW OR HAVE OBTAINED A PARENT AND/OR GUARDIAN'S CONSENT TO USE THE SERVICES. Any individual using the Services on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company. This Agreement is void where prohibited.

5. USER

    By using the Services (and becoming a GameWhale “User”), You are able to download Applications for the length of Your relationship with GameWhale.

6. LICENSE

    Subject to Your compliance with the terms and conditions of this Agreement, GameWhale grants You a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to use the Services. Except as expressly set forth herein, this Agreement grants You no rights in or to the intellectual property of GameWhale or any other party. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate.

7. THIRD-PARTY APPLICATIONS

    Third party software applications, including but not limited to mobile gaming software, may be linked to GameWhale's Applications (“Third-Party Software”), some of whom have established relationships with GameWhale and some of whom do not. GameWhale does not have control over the content and performance of Third-Party Software. GameWhale HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY SOFTWARE. ACCORDINGLY, GameWhale DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY SOFTWARE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, CONTENT, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY SOFTWARE. GameWhale DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY SOFTWARE.

    YOU AGREE THAT, WHEN YOU ARE LINKING TO, DOWNLOADING, OR OTHERWISE ACCESSING OR USING THIRD-PARTY SOFTWARE, YOU ARE RESPONSIBLE FOR: (I) TAKING PRECAUTIONS AS NECESSARY TO PROTECT YOU AND YOUR SMARTPHONE FROM VIRUSES, WORMS, TROJAN HORSES, MALICIOUS CODE AND OTHER HARMFUL OR DESTRUCTIVE CONTENT; (II) ANY DOWNLOADING, USE OR PURCHASE OF MATERIAL THAT IS OBSCENE, INDECENT, OFFENSIVE, OR OTHERWISE OBJECTIONABLE OR UNLAWFUL, OR THAT CONTAINS TECHNICAL INACCURACIES, TYPOGRAPHICAL MISTAKES AND OTHER ERRORS; (III) ANY DOWNLOADING, USE OR PURCHASE OF MATERIAL THAT VIOLATES THE PRIVACY OR PUBLICITY RIGHTS, OR INFRINGES THE INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS OF THIRD PARTIES, OR THAT IS SUBJECT TO ADDITIONAL TERMS AND CONDITIONS, STATED OR UNSTATED; (IV) ALL FINANCIAL CHARGES OR OTHER LIABILITIES TO THIRD PARTIES RESULTING FROM TRANSACTIONS OR OTHER ACTIVITIES; AND (V) READING AND UNDERSTANDING ANY TERMS OF USE OR PRIVACY POLICIES THAT APPLY TO THE THIRD-PARTY SOFTWARE.
    
8. PROHIBITED USES

    GameWhale imposes certain restrictions on Your use of the Services and Third Party Software. You represent and warrant that you will not: (a) violate or attempt to violate any security features of the Services; (b) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (c) attempt to probe, scan, or test the vulnerability of the Services or any associated system or network, or breach security or authentication measures without proper authorization; (d) interfere or attempt to interfere with the use of the Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (e) use the Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (f) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Services; or (g) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the GameWhale Parties in providing the Services. Any violation of this section may subject You to civil and/or criminal liability.
    
INTELLECTUAL PROPERTY
        a. Compliance with Law

        You represent and warrant that, when using the Services, You will obey the law and respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE SERVICES. THE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS RESTS SOLELY WITH YOU.

        b. Copyrighted Materials; Copyright Notice

        All Content and other materials available through the Services, including without limitation the GameWhale logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by GameWhale or are the property of GameWhale's licensors and suppliers. Except as explicitly provided, neither Your use of the Services nor this Agreement grant You any right, title or interest in or to any such materials. Copyright © 2014 to the present, GameWhale Studio. ALL RIGHTS RESERVED.

10. DISCLAIMERS; LIMITATION OF LIABILITY
        a. NO WARRANTIES

        GameWhale, ON BEHALF OF ITSELF AND ITS LICENSORS AND PARTNERS, HEREBY DISCLAIMS ALL WARRANTIES. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, GameWhale, ON BEHALF OF ITSELF AND ITS PARTNERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NEITHER GameWhale NOR ITS LICENSORS OR PARTNERS WARRANTS THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE THE SERVICES OR THE THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER GameWhale NOR ITS, LICENSORS OR PARTNERS HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF THE SERVICES.
        b. YOUR RESPONSIBILITY FOR DAMAGE

        YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD GameWhale OR ITS LICENSORS AND PARTNERS, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
        
        c. LIMITATION OF LIABILITY

        THE LIABILITY OF GameWhale AND ITS LICENSORS AND PARTNERS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GameWhale OR ITS LICENSORS OR PARTNERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO GameWhale OR ITS LICENSORS AND PARTNERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF GameWhale AND ITS LICENSORS AND PARTNERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE $1,000.00 (ONE THOUSAND DOLLARS). YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN GameWhale AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
        
        d. APPLICATION

        THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND GameWhale OR BETWEEN YOU AND ANY OF GameWhale'S ITS LICENSORS AND PARTNERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. GameWhale'S LICENSORS AND PARTNERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.

11. GENERAL REPRESENTATION AND WARRANTY

You represent and warrant that Your use of the Services will be in accordance with this Agreement and any other GameWhale policies, and with any applicable laws or regulations.

12. INDEMNITY BY YOU

    You agree to defend, indemnify and hold harmless GameWhale and its officers, directors, attorneys, employees, agents, affiliates, representatives, sublicensees, successors, assigns, and contractors (collectively, the “GameWhale Parties”) from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, “Claims”), including but not limited to legal costs and fees, arising out of or relating to: (i) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (ii) Your access to or use of the Website or Services; or (iii) Your provision to GameWhale or any of the GameWhale Parties of information or other data.

    The GameWhale Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify or hold harmless the GameWhale Parties. You may not settle any Claim without the prior written consent of the concerned GameWhale Parties.

13. TERMINATION
        a. By GameWhale

        WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, GameWhale RESERVES THE RIGHT TO, IN GameWhale'S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY USE OF THE SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.

        b. Automatic Termination Upon Breach By You

        This Agreement shall automatically terminate in the event that You breach any of this Agreement's representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by GameWhale.

        c. By You

        You may terminate this Agreement and Your rights hereunder at any time, for any or no reason at all, by providing to GameWhale notice of Your intention to do so, in the manner required by this Agreement.

        d. Effect of Termination

        Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Services. Upon termination, GameWhale may, but has no obligation to, in GameWhale's sole discretion, delete from GameWhale's systems all User Content, Your Personal Information and any other files or information that You made available to GameWhale or that otherwise relate to Your use of the Services. Subsequent to termination, GameWhale reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Services.

        e. Legal Action

        If GameWhale, in GameWhale's discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, GameWhale will be entitled to recover from You as part of such legal action, and You agree to pay, GameWhale's reasonable costs and attorneys' fees incurred as a result of such legal action. The GameWhale Parties will have no legal obligation or other liability to You or to any third party arising out of or relating to any termination of this Agreement.

        f. Survival

        Upon termination, all rights and obligations created by this Agreement will terminate. For clarification, termination of this Agreement will not relieve You of Your obligation to pay any fees owed GameWhale.

14. GENERAL
        a. Entire Agreement; Amendment

        This Agreement constitutes the entire agreement between GameWhale and You concerning Your use of the Services. This Agreement and any other written agreements executed between You and GameWhale constitute the entire agreement concerning Your use of the Services. This Agreement may only be modified by a written amendment signed by an authorized executive of GameWhale or by the unilateral amendment of this Agreement by GameWhale and by the posting by GameWhale of such amended version.
        
         b. Severability; Waiver

        If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

        c. Assignment

        This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of GameWhale. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

        d. Relationship

        You and GameWhale are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement.

        e. Irreparable Injury

        You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third party rights by You would cause irreparable injury to GameWhale and GameWhale's licensors and partners, and would therefore entitle GameWhale or GameWhale's licensors or suppliers, as the case may be, to injunctive relief.

        f. Notices

All notices required or permitted to be given under this Agreement must be in writing. GameWhale shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to GameWhale. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH GameWhale IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY GameWhale OF AN EMAIL TO THAT ADDRESS. You shall give any notice to GameWhale by email sent to contact@GameWhale.com Notices to GameWhale shall be deemed effective upon the sending by You of an email to contact@GameWhale.com.