1. HyTek Gamer operates hytekgamer.com. This website is a networking service that allows members to create and maintain personal profiles online in order to communicate with other gamers. The services offered by HyTek Gamer include account profiles, blogs, recruiting center, group pages, event listings, instant messaging, email, news, videos and music (the “Services”). The services provided hereunder are hosted in the United States of America. This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the Services. By using the Services provided for herein, you agree to be bound by this Agreement whether you are a visitor or are a Member (a registered user of hytekgamer.com). As used herein, User includes both visitors and Members. You must read this Agreement and are advised to save a copy of this Agreement. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should sign off of this website and discontinue its use immediately. If you intend to use this website, you must read this Agreement and indicate your acceptance during the registration process.

2. You must be eighteen years of age or older in order to use this website. In order to participate in certain services provided hereunder you may be notified that you are required to download software or content and/or agree to additional terms and conditions from HyTek Gamer. You may be required to enter into additional terms and conditions applicable to using services provided hereunder and those additional terms are incorporated herein by reference. You may receive a copy of this Agreement by emailing us at support@hytekgamer.com, subject “Terms of Use Agreement”.

3. This Agreement may be modified from time to time and such modification shall be effective upon posting upon the hytekgamer.com website. Your continued use of the hytekgamer.com services after a revised agreement has been posted, signifies your acceptance of the revised Agreement. You must therefore review this Agreement regularly to ensure that you are updated as to any changes and that those changes are acceptable.

4. When using this website, carefully choose the information which you post. The information you post may not include any form of prohibited content as defined below. However, you must understand that other users of this website may post unauthorized content or otherwise violate the Terms of Use and HyTek Gamer assumes no responsibility or liability for this material. If you are aware of any misuse of this website by any person or entity please report that by using “Report Abuse”.

5. HyTek Gamer reserves the right in its sole discretion to refuse to post any offered materials or remove any posting, including private messages by any user of this site. HyTek Gamer also reserves the right to deny, suspend, terminate or restrict your access to all or any part of the Services provided hereunder at any time for any or no reason, with or without prior notice or explanation and without liability. HyTek Gamer also reserves the right to remove your profile and/or deny, suspend, restrict or terminate your access or all or any part of the services provided hereunder if HyTek Gamer determines, in its sole discretion, that you have violated this Agreement or pose a threat to HyTek Gamer or its users. HyTek Gamer is under no obligation to police any activity on this website or to remove any content which you find objectionable whether it is in violation of this Agreement or not.

6. Eligibility to use the Services provided on this website and registration to be a member is void where prohibited. You represent and warrant that all information provided is truthful and accurate, that you will maintain the accuracy of that information, you are eighteen years of age or older and that your use of the services does not violate any applicable law or regulation. HyTek Gamer reserves the right to cancel your membership and preclude your use of the services hereunder if you provide any misrepresentation to HyTek Gamer.

7. You may terminate your membership at any time for any reason by following the instructions on the accounts setting page. HyTek Gamer may terminate your membership or ability to use this website with or without cause and with or without prior notice or explanation and without any liability.

8. You acknowledge that HyTek Gamer reserves the right to charge for any portion of the services provided hereunder, to change its fees at any time without prior notice. You will not be entitled to a refund of any unused portion of fees or payments if terminated by HyTek Gamer with or without cause.

9. This website may not be used by a Visitor or Member for any promotional purposes unless specifically authorized in writing. Commercial advertisements, affiliate links and other forms of unauthorized solicitation may be removed without notice or explanation. HyTek Gamer reserves the right to take appropriate legal action for any illegal or unauthorized use of the hytekgamer.com services. You agree to the jurisdiction and venue of a court selected solely in the discretion of this website and HyTek Gamer and irrevocably consent to jurisdiction of that choice of courts without giving due regard to the conflicts of law provided should an action be taken against or by you for use of this website.

10. Should you choose to be a Member, you will be asked to provide a password. It is your sole responsibility for maintaining the confidentiality of your password. You agree not to use the account, user name or password of another member at any time or to disclose your password to any other person. You agree to notify this website immediately if you believe any unauthorized use of your account or access has been made to your password. You are solely responsible for any and all use of your account by you or any other person.

11. If you have a dispute with any member or user of this website, you are solely responsible for resolving that dispute. However, HyTek Gamer reserves the right but has no obligation to become involved in such dispute.

12. Use of the Services hereunder is also governed by our Privacy Policy which is incorporated into this Agreement by reference.

13. This Website does not claim any ownership rights in the text, files, images, photos, videos, sounds, musical works, works of authorship, applications or any other materials (herein content) that you post on or through this website. You will hereby grant to this Website a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and distribute such content solely on or through this Website. This Website may provide any content to any requesting governmental authority without limitation. If you remove any content from this Website, you must inform the Website and this Website will make reasonable efforts to remove that content from the Website and, except as otherwise provided for herein, cease distribution if reasonably possible. If you designate any content as private, we will make reasonable efforts to treat that content as private. However, any release of such material will impose no liability on this Website or HyTek Gamer.

14. Any content that you provide shall be provided on a fully paid and royalty free basis to both the Website and any content delivery service and wireless carriers worldwide. Any content that you post, you represent and warrant that you are the sole owner of the content and that you have the full right to post the content and to grant the license set forth herein and, that the posting of this content does not violate any privacy right, publicity right, copyright, contract right or any other right of any person or entity. You agree to pay all royalties fees and other money owing to any person or entity by any reason of any content posted and agree to defend, indemnify and hold harmless this Website.

15. The content provided by this Website is protected by copyright, trademark rights in this Website and possible third parties. You may use this content as provided for by the terms of use. Such right does not include the right to use or reverse engineer any software accessible through this website. The license granted hereunder is solely for your personal use.

16. You may not use any content provided by other users or members of this website without their express written consent which shall be solely an agreement between you and the other party. You may not modify any such content on this website or modify such content and disseminate to another person or entity.

17. The content you provide may be reformatted or changed to permit its use on this Website and you consent to such changes. This website may reject, refuse to post or delete any content for any or no reason including content that in the sole judgment of this Website or HyTek Gamer violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity including harassment or cyber bullying of others. This Website has no responsibility for monitoring the services or content provided hereunder for inappropriate content or conduct. Even if this Website chooses in its sole discretion to monitor content, this Website assumes no responsibility for the content, no obligation to modify or remove any inappropriate content and no responsibility for the conduct of the user submitting any such content.

18. Prohibited content and activities include but are not limited to; material, text, graphics, video or audio that:

19. This Website may not be used in the furtherance of infringement or misuse of any copyright or other intellectual property belonging to any third party without their express written permission.

20. If you believe any of the content posted on this website constitutes copyright infringement please notify this Website immediately at hytekgamer.com. You will need to identify the copyrighted work, you must claim that you are the owner of the copyright and provide satisfactory proof thereof and provide a statement that the objectionable content is not a fair use. This Website will review your claim and in its sole discretion make a decision as to whether or not to remove or have the content removed from the Website.

21. This Website is not responsible for and makes no express or implied warranties as to the accuracy of any content posted hereon or its reliability or that the content as is provided is accurately displayed on the Website. This Website is not responsible for any content provided through linkages. Any links provided on this Website does not imply approval or endorsement of the content of such linked website. Access to any linked website is done solely at your ohytekgamer.com risk. The responsibility for advertising content or third party content is solely that of the providing party and not that of this Website or HyTek Gamer. This Website assumes no responsibility for any omission, interruption, deletion, error, delay, defect in operation or transmission of any communication line or equipment, failure of any system, theft or destruction of or unauthorized access to or alteration of any user content or communication. The integrity of any transmission line or service or hardware is not the responsibility of this Website and you assume the risk of using the same. Under no circumstances will this Website be responsible for any loss or damage including personal injury or death resulting from the use of this Website attendance at any event sponsored by this Website or from the conduct of any user of this Website whether on line or off line. All service provided hereunder and all content are provided As Is and As Available and this Website expressly disclaims any warranty of fitness for a particular purpose or non infringement or non appropriation. This Website does not promise or guarantee any specific results from the use of the services provided herein.

22. In no event shall this Website, HyTek Gamer its officers or employees be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages including lost profit damages arising from your use of this service even if this Website has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, this Website’s liability to you for any cause whatsoever will be at all times limited to the amount paid, if any, by you to this Website for the services provided herein.

23. Software available in connection with the services provided herein (the Software), is further subject to United States export controls. No software may be downloaded from this Website or otherwise exported or re exported in violation of United States exports laws. Downloading or using any software provided by this Website or posted on this Website is at your sole risk. Disputes and disagreements shall be governed by and construed in accordance with the laws of the state chosen solely in the discretion by HyTek Gamer without regard to that state’s conflict of law provisions and you submit to the exclusive jurisdiction of those courts. Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation including, but not limited to, any claims, counterclaims, cross claims or third party claims arising out of, under or in connection with this Agreement. This Agreement and any agreement incorporated herein by reference is the sole agreement between the parties and all other negotiations, discussions and communications are hereby incorporated by reference. This provision is a material provision of this Agreement.

24. You agree to defend, hold harmless and indemnify HyTek Gamer, this Website, their subsidiaries, affiliates, their respective officers, agents, partners, and employees from any loss, liability, claim or demand including attorney’s fees made by any third party due to or arising out of your use of this website, violation of this Agreement or any breach of the representations already set forth in this Agreement.

25. You accept the terms of this Agreement and any subsequent modifications to this Agreement upon your use of this Website or any of the services provided in this Agreement. This Agreement is the entire agreement between you and this Website and HyTek Gamer . Failure of this Website or HyTek Gamer to exercise and enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. If any provision of this Agreement is found to be unlawful, void or unenforceable that provision is deemed severable from this Agreement and it does not affect the validity or enforceability of any remaining provision.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND TO ANY CHANGES TO THIS AGREEMENT