Terms of Service
Date Last Updated: August 9, 2021
WE HAVE UPDATED OUR TERMS OF SERVICE.
SECTION 1 – GENERAL INFORMATION
1.1 – Terms of Service Binding
The Services are intended solely for users who are eighteen (18) years of age and older. Some or all of the Services are not available to residents of Arizona, Arkansas, Connecticut, Delaware, Louisiana, Montana, South Carolina, South Dakota, and Tennessee. We also currently do not provide our services to people outside of the United States. You acknowledge that various rules, regulations and laws addressing sweepstakes, contests, and tournaments with entry fees and/or prizes govern your participation in Tournaments (“Gaming Laws”), and that Gaming Laws are set up by each individual US state, country, territory, or jurisdiction. Therefore, we DO NOT offer Cash Tournaments (as defined below) to users participating in Tournaments in any state in which such competition violates its Gaming Laws (“Prohibited Jurisdiction”), and if you are located in any Prohibited Jurisdiction then you may not participate in Cash Tournaments. In the United States, Prohibited Jurisdictions, as of the “Updated” date above, include: Arizona, Arkansas, Connecticut, Delaware, Louisiana, Montana, South Carolina, South Dakota, and Tennessee. It is your responsibility to determine whether the state, country, territory or jurisdiction in which you are located is a Prohibited Jurisdiction. We reserve the right (but have no obligation) to monitor the location from which you access Services, and we may block access from any Prohibited Jurisdiction. Each time you log in to participate in a Cash Tournament, you must accurately confirm the location from which you are playing.
In addition to Gaming Laws, you are also subject to all municipal, state and federal laws, rules and regulations of the city, state and country in which you reside and from which you access and use Services, including without limitation U.S. export laws (together with Gaming Laws, the “Applicable Laws”). You are solely responsible for your compliance with all Applicable Laws. Access to Tournaments may not be legal for some or all residents of, or persons present in, certain jurisdictions. SERVICES AND TOURNAMENTS ARE VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAWS. Your participation in Tournaments is at your own risk, and you agree not to hold us responsible or liable if Applicable Laws restrict or prohibit your access or participation.
We may amend, change, modify or revise the Terms at any time, and we may post a notice on our website at [www.baysidegames.com] (“Website”) of any material changes, or otherwise use reasonable commercial efforts to provide notice of such changes to you, and you can see when these Terms were last revised by referring to the “Updated” legend above. Your continued participation in Tournaments and/or use of Software or Services means you accept any new or modified Terms. You are responsible for reviewing the Terms for any changes, so please check back here from time to time. If the modified Terms are not acceptable to you, your only recourse is to discontinue your use of the Service. You agree that GAME TACO may change any part of the Services, including its content, at any time or discontinue the Services or any part thereof, for any reason, without notice to you and without liability.
You may not modify these Terms. To be eligible to register an Account, to participate in any Tournament or receive certain Services, and/or to download certain Software, you must: (a) be a natural person of the United States who is at least 18 years of age or older, and who is personally assigned to the email address submitted during your Account registration; (b) have the power to enter into a contract with Game Taco; (c) be physically located within the U.S. when accessing your Account and participating in Tournaments; (d) be physically located within a U.S. state in which participation in the Tournament you select is unrestricted by that state’s laws; and (e) at all times abide by these Terms. If any one of these requirements is not met at any time, we may suspend or close your Account with or without notice. At our sole discretion, we may require proof that you meet any or all of these conditions in connection with your use of the Services. Failure to comply may result in the suspension or closing of your Account and loss of benefits accumulated through your use of the Services.
1.2 – License to Use
You, as the holder of your Account, are solely responsible for complying with these Terms, and only you are entitled to all benefits accruing thereto. You may not allow any other person to (i) access your Account; (ii) access Services or Software through your Account; or (iii) accept or use prizes, winnings and other representative of value (including without limitation digital trophies, virtual currency or virtual goods) (collectively “Winnings”). Neither your Account nor Winnings nor any Digital Assets are transferable to any other person or account. You must immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of our security or the security of your Account.
Use of the Services shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. If the Services or any part thereof is determined to be illegal under the laws of the jurisdiction in which you are situated, you shall not be granted any license to use the Software or any other part of the Services, and must refrain from using it. You may not: (i) modify, disassemble, decompile or reverse engineer the Software; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Software to any third party or use the Software to provide time sharing or similar services for any third party; (iii) make any copies of the Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Software, features that prevent or restrict use or copying of any content accessible through the Software, or features that enforce limitations on use of the Software; or (v) delete the copyright and other proprietary rights notices on the Software. You acknowledge that GAME TACO may from time to time issue upgraded versions of the Software, and may automatically electronically upgrade the version of the Software that you are using, but that GAME TACO has no obligation to do so.
You represent and warrant to us that (1) you have the right, authority, and capacity to agree to these Terms, to register for an Account, and to participate in those Tournaments for which you register; and (2) you will comply with these Terms when participating in Tournaments, receiving Services, Apps, and/or using Software; and (3) all information you supply to us is complete, accurate and current (and knowingly submitting incomplete or inaccurate information, or failing to update and maintain current, complete and accurate information, may result, without limitation, in immediate termination of your Account and forfeiture of Winnings).
1.3 – Changes to the Services and/or Terms of Service
GAME TACO reserves the right, in its sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of the Services, these TOS, or the Other Policies, in whole or in part, at any time. When GAME TACO amends these TOS, it will revise the “last updated” date located at the top of these TOS for an amount of time that we determine in our discretion. For material changes to these TOS, GAME TACO may notify you by displaying a notice when you first use the Services after such changes have been made. We may also, at our discretion, provide notification of changes by other means. If you use the Services in any way after these TOS or Other Policies have been changed, you will be deemed to have unconditionally consented and agreed to such changes. The most current version of these TOS will be available on the Website and will supersede all previous versions of these TOS.
1.4 – Changes in Services Ownership
1.5 – Linked Websites
The Services may contain links to third party websites or resources, which may or may not be obvious (“Third Party Sites”) as well as software, text, graphics, articles, photographs, pictures, designs, sound, video, music, information, software applications and other content originating from third parties (collectively, “Third Party Applications, Software or Content”). Our provision of links to Third Party Sites is not an endorsement of any information, product or service that is offered on or reached through such Third Party Site or Third Party Application, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for the content or performance of any Third Party Sites accessed through the Services or any Third Party Applications, Software or Content posted on, available through or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. If you decide to leave the Services and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.
1.6 – No Resale / Exploitation by Licensee
You may not reproduce, copy, resell, manipulate, or exploit any part of the Services or the “Services Materials” (as defined below), for any commercial purpose.
1.7 – Account Termination / Prohibited Access
GAME TACO may, in its sole discretion and at any time, with or without notice, terminate your password, Account or use of any Community Feature, and discard and remove any “Community Content” (as defined below) posted or submitted by you to any Community Feature, for any reason or no reason. GAME TACO may also, in its sole discretion and at any time, with or without notice, discontinue any Community Feature or limit or restrict any User access thereto, for any reason or no reason at all. Should GAME TACO take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your Account, including your “Registration Information” (as defined below) and submitted Community Content. Additionally, if your access to the Services and/or the GAME TACO Games Sites has been terminated or suspended by GAME TACO for any reason, you are not eligible to enter or participate in any GAME TACO programs or promotions (including, without limitation, any tournaments, sweepstakes, contests or giveaways) or to win any prizes. You understand and agree that GAME TACO shall not have any liability to you or any other person for any suspension or termination of your access to any Community Feature and/or the removal of information concerning your Account.
In accessing or participating in Services or using the Software, you represent and warrant to us that you will not engage in any activity that interrupts or attempts to interrupt the operation of the Services or Software. Anyone who engages in, participates in, or displays behavior that may be interpreted, in our sole discretion, as unfair methods in participating in Services or using the Software, including but not limited to, the opening and/or use of multiple accounts, the use of unauthorized or altered software or hardware to assist play (e.g., bots, bot nets, and collusion with bots), intentionally poor play in certain games to achieve competitive advantage, collusion with other players (e.g. intentionally losing rematches in Cash Competitions), deliberate transfer of money between accounts (e.g., “money laundering”), harassment of other participants, posting objectionable material, breach of these Terms, breach of security of your Account or, or any other act (whether through the use of automated technology or otherwise) that unfairly alters your chance of winning or constitutes the commission of fraud (collectively, “Abuse”), you will be subject to immediate sanction (as determined by us in our sole discretion), which may include, without limitation: (1) immediate termination of your Account and blocking of your access to the Website and Services; (2) any Winnings that you may otherwise have been entitled to receive shall be void and forfeited; and (3) any Winnings received by you shall be subject to disgorgement and/or recoupment. In addition to the foregoing, we reserve the right to disclose or report any money laundering similar illegal activity to law enforcement and regulatory authorities. Without limiting our other available remedies, we may institute or seek any injunctive relief, civil and/or criminal proceedings against you and/or any of your co-conspirators arising out of or related to your commission of Abuse, including without limitation recovering all of our fees and expenses (including reasonable attorneys’ fees) in connection with such efforts
Any attempt to gain unauthorized access to our systems or any other user’s account, interfere with procedures or performance of Services, Apps, Software or the Website, or deliberately damage or undermine the Services, Apps, or Software is subject to civil and/or criminal prosecution and will result in immediate termination of your Account and forfeiture of your Winnings. You acknowledge that we are not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of Services or your Account.
1.8 – Governing Law and Disputes
These TOS shall be governed by, and construed in accordance with, the laws of the State of Delaware and the United States of America, without giving effect to any choice of law or conflict of law principles that would result in the application of any other State’s laws.
The Services are controlled and operated by GAME TACO from its offices within the State of California, United States of America (“U.S.A.”). GAME TACO makes no representation that the Services and/or the Services Content, including merchandise offered for sale on the Services, and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the U.S.A. Those who choose to access the Services from locations outside of the U.S.A. do so on their own initiative and at their own risk, and are responsible for compliance with local laws. Use of the Services, the GAME TACO Game Sites, Apps, and the Websites is void where prohibited by applicable law, and void in the Prohibited Jurisdictions of the United States as of the “Updated” date as defined above. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.
As stated above, you acknowledge that various Gaming Laws, as defined by this TOS, govern your participation in Tournaments, and that Gaming Laws are set up by each individual US state, country, territory, or jurisdiction. We DO NOT offer Cash Tournaments to users participating in Tournaments in any Prohibited Jurisdiction, and if you are located in a Prohibited Jurisdiction then you may not participate in Cash Tournaments. We reserve the right (but have no obligation) to monitor the location from which you access Services, and we may block access from any Prohibited Jurisdiction. Each time you log in to participate in a Cash Competition, you must accurately confirm the location from which you are playing.
WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF YOUR PARTICIPATING IN ANY TOURNAMENT OR USE OF SERVICES, NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH US HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.
1.9 – Winnings, Account Funds, And Payments
Fees and payments for Services that you pay to us (“Fees”) and our billing procedures are detailed in our billing application. If there are Fees charged to your Account, you agree to pay those Fees. All Fees are stated in U.S. Dollars, must be prepaid, and are non-refundable. You are fully responsible and liable for all charges, deposits and withdrawals made under your Account, including any unauthorized charges, deposits or withdrawals. We may change the price of Services at any time, but no price change will affect your past purchases.
We may change Fees and billing procedures by updating our billing application with or without notice to you. By providing us with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize us to charge you for the Services using your payment method; and (iii) authorize us to charge you for any paid feature of the Services that you choose to sign up for. We may bill you (a) in advance; (b) at the time of purchase; or (c) shortly after purchase, in our sole discretion. If we make an error on your bill, you must tell us within 120 days after the error first appears on your bill. We will then promptly investigate the charge. If you don’t tell us within that time, we’ll not be liable for any losses resulting from the error and we won’t be required to correct the error or provide a refund. If we identify a billing error, we will correct that error within 90 days. You must pay for all reasonable costs we incur to collect any past due amounts, including without limitation reasonable attorneys’ fees and other legal fees and costs.
If you are a Cash Player then we may, from time to time in our sole discretion, grant you bonus funds and/or credits (“Bonus Funds”). Bonus Funds can be used to enter Cash Competitions, but cannot be withdrawn or used for any other Service. All Cash Tournament entry fees will be deducted from your Account balance before being deducted from Bonus Funds. If you initiate a withdrawal of funds from your Account, you may forfeit all Bonus Funds currently in your Account.
Digital Assets and Bonus Funds cannot be withdrawn. Processing of requested funds is made by check or by refund to the payment method used to make your deposit and may take up to ninety (90) days; provided, however, that we may freeze your Account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected Abuse, verification of eligibility, or to comply with Applicable Laws. We may assess a check request processing fee of up to $2.00 for any withdrawal of less than $10.00.
If you close your Account, we will return the funds in your Account subject to the TOS. If we unilaterally close or terminate your Account for cause as allowed in these Terms, funds in your Account may be forfeited and not returned to you. If your funds are forfeited by you in accordance with this TOS hereof, we may use these funds to defray the costs of administration and enforcement of these Terms, allocate or disburse such amounts to other Services, or donate these funds.
If your Account is inactive (i.e. you have not entered at least one (1) tournament) for six (6) consecutive months or more, we reserve the right to charge a maintenance fee of $2.00 per month (the “Monthly Maintenance Fee”). After five or more months of inactivity we will notify you by email that if your Account remains inactive for one more month, the Monthly Maintenance Fee will be deducted from your Account each consecutive month after that that it remains inactive. The Monthly Maintenance Fee will not be deducted from your Account if there are no funds in your Account. However, if your Account has no funds and has been inactive for twelve or more consecutive months we reserve the right to close your Account.
Unless otherwise required by law, no refunds are given.
If you are eligible to receive Winnings or Prizes, we may require that you provide us with proof that you are, or were at the time of your participation in the subject Competition, eligible to participate in accordance with these Terms and that your participation was in accordance with these Terms. If you do not provide us with such proof to our reasonable satisfaction, then you will not receive the relevant Winnings. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce payment to you without notice to adjust for any previous overpayment.
When you pay for any charges by credit card, you represent to us that you are the authorized user of such credit card. You must promptly notify us of any changes to your credit card account number, its expiration date and/or your billing address, or if your credit card expires or is canceled for any reason. We are not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party (such as Skrill) in connection with the Services. Any attempt to defraud through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment, will result in immediate termination of your Account, forfeiture of Winnings, and pursuit of civil litigation and/or criminal prosecution.
If you are a U.S. resident, we may send you an IRS Form W-9 and 1099-MISC or other appropriate form if your Winnings total $600 or more in any given calendar year. Depending on the state in which you reside, we may also send you additional federal or state tax forms. Without limiting the foregoing, we may withhold from your existing Account balance and/or from future Winnings any amount required to be withheld by Applicable Laws, including amounts due in connection with your failure to complete relevant tax documentation, but you remain solely responsible for paying all federal, state and other taxes in accordance with all Applicable Laws.
In the event of an error or malfunction GAME TACO reserves the right to adjust, void, withhold or otherwise decline or reverse game or tournament results, payments, credits, Winnings, Prizes, awards, reward points, and any other item of value that you received or expected to receive in our sole and absolute discretion. No refund will be given due to an error or malfunction. You acknowledge and agree that GAME TACO may reduce payments or other benefits for which you may be entitled to receive to adjust for an overpayment or error. We may also require the return of any payment received by you in error and you agree to cooperate with us in our effort to do so.
1.10 – Dispute Resolution and Arbitration
You and GAME TACO agree that all Disputes, as defined below, between you and GAME TACO will be settled by binding arbitration, unless otherwise provided herein.
This agreement does not apply (1) if you are a resident of any jurisdiction which prohibits this arbitration agreement, (2) if you opt out of this arbitration agreement as described in section (e) below, or (3) to certain types of Disputes described in section (e) below. Please read this provision carefully.
This Dispute Resolution and Arbitration Provision (“Provision”) facilitates the prompt and efficient resolution of any disputes that may arise between you and GAME TACO.
Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. In the absence of an arbitration agreement, you may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Arbitration replaces the right to go to court. Except as otherwise provided herein, by agreeing to these Terms, you waive your right to litigate claims in court and waive the right to have your claims heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees).
You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
For the purpose of these Terms, including this Provision specifically, “GAME TACO” means Game Taco, Inc., its partners, parent companies, subsidiaries, licensees, licensors and affiliates. “Dispute” means any dispute, claim, or controversy between you and GAME TACO regarding any aspect of your relationship with GAME TACO, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.
- Agreement to Arbitrate / Waiver of Right to Jury Trial
YOU AND COMPANY EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You understand and agree that by entering into this agreement you and GAME TACO are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and GAME TACO might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
- Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and GAME TACO specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of this Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
- Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give GAME TACO an opportunity to resolve the Dispute. You must commence this process by written notification to Game Taco, Inc at 25 Burgess Court, Sausalito, CA 94965. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If GAME TACO does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
- Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or GAME TACO may choose to pursue a Dispute in court and not by arbitration if (i) the Dispute qualifies, it may be initiated in small claims court; or (ii) YOU PROVIDE THE GAME TACO WRITTEN NOTICE OF YOUR DESIRE TO OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Arbitration Opt-Out Notice”). To opt-out of these arbitration procedures, you must provide written notification to Game Taco, Inc. at 25 Burgess Court, Sausalito, CA 94965.
Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with GAME TACO through arbitration. Your decision to opt-out of this Provision will have no adverse effect on your relationship with GAME TACO. If you do not provide the Company with an Arbitration Opt-Out Notice within 30 days from the date that you first consent to these Terms, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except as expressly set forth in clauses (i) and (ii) above.
Additionally, notwithstanding the above, GAME TACO reserves the right to bring an action in any court of competent jurisdiction against you to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of its intellectual property, services, and products.
- Arbitration Procedures
If this Provision applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or GAME TACO may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration. Unless both you and GAME TACO agree in writing, the arbitrator shall not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. All issues shall be for the arbitrator to decide, including the scope and enforceability of this Provision, as well as any dispute related to its interpretation, applicability, or formation, including any claim that all or any part of it is void or voidable. For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules for Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because the Service and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – For Disputes between the GAME TACO and users who are residents of the United States, you or GAME TACO may initiate arbitration in either Sausalito, California or the federal judicial district that includes the address you provide in your written notification of Pre-Arbitration Claim Resolution. In the event that you select the federal judicial district that includes the address you provide in your written notification of Pre-Arbitration Claim Resolution, GAME TACO may transfer the arbitration to Sausalito, California in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs – Each Party shall pay its own arbitration filing fees and arbitrator’s costs and expenses. You are responsible for all fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
This Provision shall survive this Agreement, the termination of your Account (if applicable), and/or your access to or use of the Service.
SECTION 2 – INTELLECTUAL PROPERTY
2.1 – Ownership of trademarks, copyrights and patents
As between Users and GAME TACO, Services Content is different from “Community Content”. “Community Content” consists of User-generated content, information, and materials of any kind or nature that is included or posted by Users in the Community Features sections of the Website or an Application (collectively, “Community Content”). The Services and all of the content the Services contain, or may in the future contain, including but not limited to all copyrights, trademarks, service marks, trade names and patents (collectively, the “Services Content”) is proprietary to GAME TACO and its affiliates. The Services Content and the programming codes associate therewith (“Services Code”) as they exist on the Services are offered to you by GAME TACO for limited and restricted use pursuant to these TOS. Services Content and Services Code are collectively referred to herein as the “Services Materials”. Any use of the Services Materials other than as permitted by these TOS will constitute a violation of these TOS and may constitute copyright and/or patent infringement.
The Services Materials are owned by GAME TACO and/or its licensors and content providers, and are protected by copyright, trademark, publicity and other laws and by international treaties. Unless expressly permitted in writing by GAME TACO, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any Services Materials. You agree not to use the Services Materials for any unlawful purposes.
Without in any way limiting the generality of the foregoing, use of the Services Materials on any third party website or other networked computer environment is prohibited without prior written permission from GAME TACO.
2.2 – Use of Software
If you wish to participate in Tournaments or receive Services, you may be required to first download certain proprietary Game Taco software and/or Apps (together with the content included therein, any associated documentation, and any application program interfaces, license keys, and patches, updates, upgrades, improvements, enhancements, fixes and revised versions of any of the foregoing, is collectively “Software”). If you do not download the Software, you will not be able to participate in Tournaments or receive relevant Services. Sometimes you will download the Software directly from us, and sometimes you will download Software from a third party, such as a game developer, but in either case your use of the Software is subject to these Terms.
2.3 – Submissions
GAME TACO is pleased to hear from its Users and welcomes your comments regarding GAME TACO’s Services and products. Nevertheless, GAME TACO’s company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested (see below). While we value your feedback of our Services and products, we request that you be specific in your comments of those Services and products, and that you not submit any creative ideas, suggestions, or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by GAME TACO’s or its affiliates’ professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us any original creative materials such as game concepts/treatments, stories or character ideas, screenplays, or original artwork.
If you send or post certain specific submissions at our request (e.g., via message boards or in connection with contests) or if you send us creative suggestions, ideas, notes, drawings, concepts, or any other information (each, a “Submission” and collectively, the “Submissions”) despite our request that you not send us any unsolicited Submissions or other creative materials, the Submission will be treated as non-confidential and non-proprietary in each instance. For purposes of this Paragraph 2.3, all Community Content shall be deemed included in the definition of Submissions. None of the Submissions shall be subject to any obligation of confidentiality on the part of GAME TACO, and GAME TACO shall not be liable for any use or disclosure of any Submissions. Any Submission may be used by GAME TACO without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such Submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas. GAME TACO shall have and is irrevocably granted the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, distribute and otherwise use the Submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. By submitting a Submission to the Services or GAME TACO, you represent that such Submission is original with you and does not violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. All Submissions to the Services and/or GAME TACO shall be the sole property of GAME TACO and will not be acknowledged or returned. You agree and understand that GAME TACO is not obligated to use any Submission you make to the Services or GAME TACO and you have no right to compel such use. You hereby acknowledge and agree that your relationship with GAME TACO is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to GAME TACO does not place GAME TACO in a position that is any different from the position held by members of the general public with regard to your Submission. You understand and acknowledge that GAME TACO has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by GAME TACO’s own employees. Many ideas or stories may be competitive with, similar or identical to your Submission in theme, idea, plot, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of GAME TACO’s use of any such similar or identical material. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of a GAME TACO’s actual or alleged exploitation or use of any material you submit to the Services and/or GAME TACO, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on the material, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law. Applicable law may restrict or limit the foregoing provisions of this paragraph. If so, without limitation of the foregoing, you agree that in no event shall GAME TACO’s liability exceed $5,000.
2.4 – Copyright Notice
If you are a copyright owner and believe that any Services Materials or Community Content appearing on the Services or in any Community Feature has been copied in a way that infringes upon your copyrights, you may submit a notification to GAME TACO pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the following information in writing (see 17 U.S.C. 512(c)(3) for further detail) to the Copyright Agent named below:
Your name, address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
The exact URL or a description reasonably sufficient to permit GAME TACO to locate where the alleged infringing material is located; 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; An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 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.
E-Mail: support@game taco.com
Upon receipt of the written notification as outlined above, GAME TACO will use good faith, reasonable efforts to remove the material that is alleged to be infringing and forward a copy of the written notification to the alleged infringer. The alleged infringer has the right to file a counter-notification by providing the designated agent with the following information: (1) a physical or electronic signature; (2) identification of the material that has been removed the location at which the material appeared before it was removed; (3) a statement under penalty of perjury that he/she has a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed; and (4) his/her name, address, and telephone number, and a statement that he/she consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if his/her address is outside of the United States, for any judicial district in which the service provider may be found, and that he/she will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person. By this filing, GAME TACO seeks to preserve any and all exemptions from liability that may be available under the DMCA or otherwise, but does not necessarily stipulate that it is a service provider as defined in 17 USC § 512c or elsewhere in the law.
SECTION 3 – COMMUNITY FEATURES
Section 3.1 – General Community Information
In consideration for your use of the Community Features and functionality, you agree to: (i) comply with the “Community Guidelines” set forth below; (ii) provide GAME TACO with accurate, complete and true information about yourself as required on the registration form (your “Registration Information”) in order to create your Account; and (iii) maintain and update, as applicable, your Registration Information with current and complete information. Users who violate the Community Guidelines, or provide inaccurate, false, or non-current Registration Information may, at GAME TACO’s sole discretion, have their Accounts suspended or terminated, and may be permanently banned from using the Services and/or any other GAME TACO service, and may be subject to any other penalty determined by GAME TACO.
As part of your Account, you will be responsible for creating and maintaining the confidentiality of, your username and password. We ask that you select a username other than your real name or the real name of any other person. We also urge you to memorize your password or keep it in a secure place, away from the rest of your Account information, as sharing your password with others may lead to unauthorized access to your Account information. You are responsible for all activity occurring under your Account. You agree that you will: (i) immediately notify GAME TACO of any unauthorized use of your username or password; and (ii) ensure that you properly exit a Community Feature at the completion of your session. GAME TACO shall have no liability for any loss or damage arising from your Account or your failure to comply with these requirements.
Section 3.2 – Profiles, Buddy Lists, Comment Walls, Virtual Assets and Private or Public Communications
To enhance User experience, GAME TACO provides or may provide, at its sole discretion, one or more chat areas, message boards, e-mail functions, messaging services, file communities, virtual communities featuring digital or virtual assets, polls, surveys, and other services (collectively, the “Community Features”). Community Features are provided by GAME TACO to you and others subject to the TOS, the “Community Guidelines” set forth below and the Other Policies. The User who posts Community Content in the Community Features is responsible for the reliability, accuracy and truthfulness of such Community Content, and GAME TACO has no control over such Community Content. Additionally, GAME TACO has no control over whether any such posted material is of a nature that Users will find offensive, distasteful or otherwise unacceptable and expressly disclaims any responsibility for such material.
ENTERING ANY COMMUNITY FEATURE WILL CONSTITUTE ACCEPTANCE OF THE COMMUNITY GUIDELINES. IF YOU DO NOT AGREE TO ABIDE BY THE COMMUNITY GUIDELINES, PLEASE DO NOT ENTER ANY COMMUNITY FEATURES.
Section 3.3 – Community Guidelines
You are entirely responsible and liable for all activities conducted that are associated with your Account within the Community Features, including the transmission, posting, or other provision of Community Content to any portion of the Community Features. Listed below are some, though not all, violations that may result in GAME TACO terminating or suspending your access to Community Features on a temporary or permanent basis, as determined by GAME TACO in its sole discretion (“Community Guidelines”). You agree not to do any of the following actions while using any of the Community Features:
Violate these Community Guidelines or abuse the community purpose of the chat areas.
Participate in any part of the Services if you are under the age of 18.
Use profanity, obscenities, or **asterisks**, (((echoes))) or other “masking” characters to disguise profane, obscene or offensive words.
Use obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind.
Impersonate other Users.
Attack (flame or “cyberbully”) individuals, companies or products, although you are otherwise welcome to offer your opinions or comments on the subject at hand.
Post topics on message boards, on the Services or within any of the Community Features that are unrelated to the subject of the Services.
Advertise or promote other companies or URLs.
Share personal information (your name, phone number, home address, password, etc.) with other users on the Services.
Include advertising in communications.
Post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant GAME TACO all of the license rights granted herein.
Include advanced fonts, java, tables, html, or other programming codes or commands in messages.
Distribute or otherwise publish any Community Content containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You also hereby acknowledge that you are prohibited from soliciting other guests to join or become members of any commercial online service or other organization.
Collect or harvest the information of any User or otherwise access the Services using automated means (including but not limited to harvesting bots, robots, spiders or scrapers).
Information disclosed in Community Features is, by design, revealed to the public. GAME TACO is not responsible for any information you choose to disclose to others. GAME TACO reserves the right, but not the obligation, to remove any posts for any reason. GAME TACO does not endorse the Community Content in the Community Features and specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) 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 Services Materials or Community Content provided through a Community Feature. Without in any way limiting the generality of Paragraph 2.3 of these TOS, by posting or uploading Community Content to any Community Feature or submitting any other Community Content to GAME TACO, you automatically grant (or warrant that the owner of such rights has expressly granted) GAME TACO a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such materials or incorporate such Community Content into any form, medium, or technology now known or hereafter devised. In addition, you warrant that the content as uploaded or posted by you does not violate any person’s so-called “moral rights” or other similar or analogous rights under any applicable laws in any country or region of the world.
You understand that the uploading to and/or posting of any Community Content in any Community Feature shall not be subject to any obligation of confidence on the part of GAME TACO, and GAME TACO shall not be liable for any use or disclosure of any Community Content. By posting or uploading any Community Content to the Service, any Forum or submitting any other content to GAME TACO, you automatically grant (or warrant that the owner of such rights has granted) GAME TACO a perpetual, worldwide, royalty-free, irrevocable non exclusive right and license to reproduce, modify, adapt, publish, publicly perform, translate, sublicense, create derivative works from, exploit, distribute and otherwise use such materials or incorporate such materials in or in connection with the Services or by or in in any and all media, now known or hereafter devised, throughout the universe, in perpetuity for any purpose whatsoever, commercial or otherwise, without compensation or credit to the provider, author or owner of the Community Content. In addition, you represent and warrant that any and all Community Content you upload, post, transmit, send, share, store distribute or otherwise make available on the Service complies with each of the foregoing Community Guidelines.
From time to time, GAME TACO may offer Users the opportunity to create or acquire digital or virtual assets (collectively, “Virtual Assets”). Such opportunities are considered Community Features, and the Community Guidelines shall apply to them, but such Virtual Assets also involve additional considerations. In particular: (1) each User acknowledges and agrees that they are granted a limited, non-exclusive license to use the Virtual Assets in connection with, and solely as a part of, their use of the Services and then only for the duration permitted by GAME TACO, and Users shall have no ownership or property right, title, or interest in or expectation of the Virtual Assets, and any use of the Virtual Assets other than as permitted by these TOS will constitute a violation of these TOS and may constitute copyright infringement; (2) any modifications, combinations, alterations or other changes that a User makes to any Virtual Assets (“Alterations”) shall be deemed a work-made-for hire for GAME TACO and GAME TACO shall be considered the author and sole copyright owner of all rights and of all proceeds derived from the Alterations, with the right to make changes and use, in whole or in part, as GAME TACO may determine, together with all neighboring, rental, lending, fixation, reproduction, distribution and any and all other ownership and exploitation rights recognized in any territory, by all means, media, devices, processes and technology, and all rights generally known as the “moral rights of authors”, and to the extent such Alterations do not constitute a work-made-for-hire, each applicable User hereby grants, transfers, sells and assigns all right, title and interest therein to GAME TACO throughout the universe in perpetuity; and (3) Virtual Assets have no cash value and may not be redeemed for cash and may not be sold, auctioned, bartered, brokered, purchased outside of the Services or used to engage in any gambling activity. Any Virtual Assets obtained in this manner will be considered to have been fraudulently obtained and deemed void. For all other purposes of these TOS, Alterations shall be considered Community Content.
You agree to indemnify GAME TACO for any and all third party claims, damages, losses, and causes of action arising as a result of your posting or uploading any Community Content to any Community Feature or submitting any Community Content to GAME TACO, or your failure to comply with the Community Guidelines. GAME TACO does not and cannot review every message posted by users on the Services, and is not responsible for the content of these messages or the views or opinions expressed by the Users of the Services. GAME TACO reserves the right to, but is not obligated to, delete, move or edit Community Content, in whole or in part, submitted by you to the Services and/or GAME TACO for any reason. In no event does GAME TACO assume any obligation to monitor the Community Features or remove any specific material.
Section 3.4 – Promotional Activities
By registering for an Account, you agree that the Services may display your username throughout the Services, including, but not limited to areas such as leader boards, individual tournament records, message boards, chat rooms, etc. By accepting any prize from the Services, you agree to allow GAME TACO to print, publish, broadcast and use, and to authorize its affiliates and distributors to print, publish, broadcast and use, on a worldwide basis, in any and all media now known or hereafter devised, your name, picture, voice, likeness, statements, biographical information, a description of the prize(s) you won and any other personal characteristics for any purpose, including without limitation, promotional or related purposes without additional compensation, and you release GAME TACO from any liability with respect thereto. Please note that tournaments, sweepstakes, contests or promotions offered via the Services may be, and often are, governed by a separate set of rules that, in addition to describing such tournaments, sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such tournaments, sweepstakes, contest or other promotion, you agree to comply with and abide by such rules and the decisions of the sponsor(s), which shall be final and binding in all respects.
By registering an account and providing an email address, users authorize Game Taco to provide them with important announcements, relevant promotions, and other related communications. Users will always have the opportunity to opt out of these communications at any time.
Game Taco employees may use the Services and/or Software for the purpose of testing the user experience, but may not withdraw money. Game Taco directors, contractors, affiliates, or partners may use the Website, Services and/or Software without such limitation, but only if they do not have any access to non-public information relating to the Services and/or Software that would lead to any advantage in their play using the Services and/or Software.
Section 3.6 – Anti-Spam Policy
The Services are vigorously against the practice commonly referred to as “Spamming.” Any User who is reported to be generating Spam, and whose “Spamming” is validated by the Services, will have their respective Accounts either immediately TERMINATED or SUSPENDED, at the sole discretion of GAME TACO. Additionally, any prizes (if any) may be voided at the sole discretion of GAME TACO. GAME TACO defines “Spam” as it is commonly understood, and includes the following:
Electronic mail messages and commercial electronic messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient;
Messages posted to message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume; or
Solicitations posted to chat rooms or sent to groups or individuals via Internet Relay Chat or “Instant Messaging” system (such as ICQ). GAME TACO may undertake, at its sole discretion and with or without prior notice, the following enforcement actions described in detail below:
Account Suspension: Upon the receipt of a credible and validated complaint, GAME TACO may elect to immediately suspend the membership of the User implicated in the abuse. Suspension serves as a “final” warning and will prevent the abuser from continuing his/her abusive “Spamming” behavior. GAME TACO will evaluate each validated abuse incident on a case-by-case basis and impose termination or suspension at its sole discretion, and may void any associated prizes. GAME TACO reserves the right to lift the suspension of a User at any time, at its sole discretion.
Account Termination: Upon the receipt of a credible and validated complaint, GAME TACO may immediately terminate the membership of the individual User implicated in the abuse and may void any associated winnings.
However, GAME TACO makes no representation or warranty about any third party’s compliance or non-compliance with United States’ Anti-Spam Law.
SECTION 4 – LIMITATION OF LIABILITY
THE SERVICES, THE SERVICES MATERIALS, AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GAME TACO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. GAME TACO DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SERVICES, THE SERVICES MATERIALS, THE COMMUNITY FEATURES OR THE SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THE SERVER THAT MAKES IT AVAILABLE, OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES, SERVICES MATERIALS, SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. GAME TACO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, THE SERVICES MATERIALS, THE COMMUNITY FEATURES OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT GAME TACO) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THE MATERIAL PROVIDED ON THE SERVICES IS FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES ONLY. INFORMATION AND OPINIONS EXPRESSED IN THE COMMUNITY FEATURES ARE NOT NECESSARILY THOSE OF GAME TACO. THE COMPANY ENTITIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE (INCLUDING, BUT NOT LIMITED TO, ACTUAL, CONSEQUENTIAL OR PUNITIVE), LIABILITY, CLAIM OR OTHER INJURY OR CAUSE RELATED TO OR RESULTING FROM ANY INFORMATION POSTED ON THE SERVICES.
UNDER NO CIRCUMSTANCES, SHALL THE COMPANY ENTITIES BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES, THE COMMUNITY FEATURES, THE SERVICES MATERIALS, OR THE SOFTWARE, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE GAME TACO TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, THE COMPANY ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “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.”
SECTION 5 – INDEMNIFICATION.
BY USING THE SERVICES YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE GAME TACO ENTITIES FREE FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OR ANY LAW; YOUR USE OF THE SERVICES AND/OR THE MATERIAL IN VIOLATION OF THESE TERMS; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR GAME TACO’S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN GAME TACO’S DEFENSE OF ANY CLAIM. GAME TACO RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF GAME TACO.
SECTION 6 – MEMBER DISPUTES
You are solely responsible for your interactions with other Users and/or Community Feature Users. GAME TACO reserves the right, but has no obligation, to monitor disputes between you and other Users.
SECTION 7 – ABILITY TO ACCEPT TOS
You affirm that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these TOS, and to abide by and comply with these TOS.
SECTION 8 – NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: The provider of the Services is Game Taco, Inc., a Delaware Corporation having a principal office located at 25 Burgess Court, Sausalito, CA 94965. To file a complaint regarding the Services or to receive further information regarding use of the Services send a letter to the attention of the Legal Affairs Department at the above address. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
SECTION 9 – ADDITIONAL TERMS
If any provision of these TOS is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these TOS, which will remain in full force and effect. No waiver of any of these TOS will be of any force or effect unless made in writing and signed by a duly authorized officer of GAME TACO. The section titles in these TOS are for your convenience only and do not have any legal or contractual effect.