Effective Date: June 12th, 2023
1. GENERAL CONDITIONS
We reserve the right to refuse, suspend, or terminate your use or access to the Video Gaming Service for any reason at any time to protect the integrity and/or safety of our Services or other users. In addition, we reserve the right to terminate or suspend your account if in our sole determination you are in breach of these Terms or any policy, guidelines, or standards associated with the Video Gaming Service. If your account is terminated or suspended you may not use a different email to obtain a new account.
You understand that anything you post may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
We work hard to bring you the content on the Video Gaming Service. You may not reproduce, copy, sell, resell, duplicate, create derivative works, distribute, exploit, or otherwise make use of any content, materials, or databases from the Video Gaming Service without our express written permission. You are permitted to keep information for your own personal, non-commercial purposes.
2. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
While we take steps to ensure that all information created by us for the Video Gaming Service is accurate and correct, we’re not perfect. In addition, while information may be accurate and complete at the time of posting, over time it may become dated and no longer reflect the current status. For example, some color palettes may be seasonal or limited edition, prices may change, or brands may discontinue a product. We are not responsible if information made available on this site is not accurate, complete or current at the time you read it. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions.
3. MODIFICATIONS TO THE SERVICE
Throughout the Video Gaming Service you may find prices for products. We do not sell any products, but we do provide you with general pricing information which are accurate at the time of posting. Any prices for products shown are subject to change.
We reserve the right at any time to modify or discontinue the Video Gaming Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Video Gaming Service.
4. THIRD-PARTY LINKS
Certain content, products and services available on the Video Gaming Service may include materials from third-parties.
To bring you the best, most up-to-date, and fantastic content, we not only share information from select third parties, but we also partner with certain third-party shopping sites. These third-party links direct you to third-party websites that we do not own or operate. We are not responsible for examining or evaluating the content or accuracy of those sites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
5. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you would like to share your thoughts on how we can improve the Video Gaming Service, including , but not limited to, creative ideas, suggestions, proposals, plans, or other materials, you do so with the understanding that we have no obligation to maintain any content or submission in confidence; to pay compensation for any content or submission; or to respond to any content or submission.
6. COMMENT POLICY
The purpose of the comments’ section is to provide an area for discussion between authors, you, and other users. Discussion and debates are highly encouraged, and disagreements are expected and provide opportunities to create a fuller picture. As certain topics and comments can arouse passionate feelings on either side of the argument, all users and comments must adhere to community guidelines. These guidelines require that users participate in a civil, intelligent, and respectful manner.
Comments that contain self-promotion or promotion of other services or websites may be modified or deleted in our sole discretion. Self-promotion is limited to approved ways set forth by Video Gaming (such as links to social media accounts for registered users).
Once public, your comment is available for anyone to see and may be shared, copied, indexed, or archived.
Violation of the Comment Policy may result in your comment not being approved, or in limitation, suspension, or termination of your access to the Video Gaming Service.
7. PERSONAL INFORMATION
8. PROHIBITED USES
In addition to other prohibitions provided in these Terms, we request that you refrain from using the Video Gaming Service or its content:
for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Video Gaming
Service or of any related website, other websites, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; to interfere with or circumvent the security features of the Video Gaming Service or any related website, other websites, or the Internet; or
- for any commercial use or purpose.
We reserve the right to terminate your use of the Video Gaming Service for violating any of these prohibited uses.
ARBITRATION CLAUSE & CLASS ACTION WAIVER
IMPORTANT–PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
i. Either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Video Gaming Service shall be finally settled by binding arbitration administered by the Judicial Arbitration and Mediation Services (“JAMS”), or its successor, in accordance with the provisions of its Streamlined Arbitration Rules & Procedures, excluding any rules or procedures governing or permitting class actions.
ii. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
iii. The Commercial Arbitration Rules governing the arbitration may be accessed at www.jamsadr.com or by calling 1.800.352.5267. Under no circumstances shall you be able to recover attorney’s fees. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Regardless of where you are a resident, arbitration will take place in Maricopa County, Arizona, and you agree to submit to the personal jurisdiction of any federal or state court in Maricopa County, Arizona, to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Class Action Waiver
You further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and by using the
Video Gaming Services you expressly waive your right to file a class action or seek relief on a class basis. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST VIDEO GAMING ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception–Litigation of Intellectual Property
Notwithstanding the above section to resolve all disputes through arbitration, Video Gaming may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights).
For any dispute not subject to arbitration you agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Maricopa County, Arizona. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
If anyone brings a claim against us related to your actions, content or information on the Video Gaming Service you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions and are not responsible for the content or information users transmit or share. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter. We are not responsible for the conduct, whether online or offline, of any user.
THE Video Gaming SERVICE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR MEMBERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: 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. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR THE VIDEO GAMING SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE Video Gaming SERVICE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Video Gaming’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
These Terms are an agreement between you and Temptalia, LLC.
- These Terms, together with all other policies, guidelines, and standards make up the entire agreement between the parties regarding the Video Gaming Service, and supersedes any prior agreements, terms, or conditions.
- If any portion of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of these Terms, it will not be considered a waiver.
- You will not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent.
- All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, sale of assets, or by operation of law or otherwise.
- Nothing in these Terms shall prevent us from complying with the law.
- These Terms do not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing the Video Gaming Service.
12. CONTACT INFORMATION